Arranging the Adoption of a Relinquished Child

1. Principles

When a child is to be relinquished the case must not remain unallocated awaiting the birth. There are important tasks that must be completed without delay, such as discussing the options with the parents and obtaining their consent to disclosure of medical information. If contact with the parents is not maintained there is a risk that crucial information will be lost.

When a mother intends to relinquish her baby for adoption it is essential to respond promptly, and to complete as many of the tasks as possible as quickly as possible. If the mother withdraws from contact after the birth, and the task are incomplete, this may cause major delays and problems in implementing the plan.

If the child is aged 4 years or more, CAFCASS may question the suitability of this process and suggest that it would be more appropriate to apply for a placement order. The social worker should be ready to justify the referral - for example because the child wants to be adopted and the parent(s) are in agreement.

In the majority of cases in which a child is relinquished for adoption, the first approach is from the expectant mother, but the same process should be followed if the first approach is after the birth, or is from the child's father.

2. Action before the birth

If a mother asks about adoption for her baby, the child’s social worker and an adoption social worker must:

• Discuss the options with her;
• Make available appropriate written information;
• Make a full record of the discussion including the options discussed, the mother's response to each option, and the written information given; and
• Place a copy of any leaflet or other written information given to the mother on the child's adoption file, noting the date.

Information for birth parents is available on the Children's Trust Adoption and Fostering website and on the CoramBAAF website.

The options which the social worker should discuss with the mother are as follows. The worker should discuss the implications of each of them with the mother, and tell her that counselling about these issues is available. The options are:

• The child staying with either or both parent(s). This should include a realistic discussion of the support that is likely to be available. It is important to identify the father and enquire about his position and that of his family;
• Short-term fostering with the aim that the child will return to the parent(s). Again, the discussion should include the support that would be necessary for the child to return to the parent(s) and the resources that are likely to be available. In this case it is particularly important to set a clear timetable so that there is no delay in returning the child;
• Long-term placement in the extended family. This should include discussion of the different legal provisions under which this can be achieved (for example special guardianship or a child arrangements order), and the implications of each. It should include exploration of the possibilities offered by the families of both parents;
• Placement for adoption. In describing this, the worker should ensure that the mother understands that adoption is permanent, and that consent must be formally given to CAFCASS. If further information about this option is needed, the worker should consult the team manager or senior practitioner in the adoption team.

The worker should ask the mother whether it is likely that the child's father will have parental responsibility, for example through joint registration of the birth, and whether he is also likely to consent to the child's adoption. The worker should record this information.

The social worker must place on the file a copy of the written information given to the mother and note the date on which it was handed over.

All staff who are involved in this work should be aware that adopted adults often value documents in their parents' handwriting very highly – these should be kept on the paper file as well as being scanned into the electronic file.

The child’s social worker will:

• Notify CAFCASS that a referral is likely when the child is born;
• Contact the panel team (Tel: 303 1010) and request a referral pack;
• Complete the forms in the adoption referral pack and email them back to the adoption team without delay - on receiving all the necessary papers, the panel team will arrange the permanence medical;
• Alert the panel advisers about the need to set a date for the panel to consider the child's suitability for adoption as soon as possible after the birth; and
• Start drafting the child's permanence report and compiling the documents and information to be sent to CAFCASS.

The child’s social worker should not wait for the child to be born before starting work on these tasks – in particular the CPR should be completed within 2 weeks after the child's birth.

The child’s social worker should suggest that the mother might wish to prepare a memory box for the child.

3. The Child's Father

There is an expectation that the father of the child will be consulted and his views taken into account. If the mother declines to name the father, the social worker will enquire into the reasons. In some circumstances the court will accept that it is not necessary to contact the father, for example if this would put the mother's life at risk. If the mother refuses to identify the father, or says that she is unable to do so, or for any other reason it seems inappropriate to involve him, the worker should consult Legal Services before deciding to exclude him from the process. Any such decision (and the reasons) must be confirmed by the Head of Service and the reasons for the decision must be noted on the child's file.

The child’s social worker must:

• Give the father written information about the options;
• Record the father's wishes and feelings about adoption and about placement for adoption; and
• Place on the file a copy of any written information given to the father and a note of the date on which it was given to him.

It will usually be appropriate to encourage the father to contribute to the child's memory box.

4. Action when the Child is Born

Note: If the mother does not ask for the child to be adopted until after the birth, the pre-birth tasks listed above must also be carried out.

When the child is born the social worker will confirm that the mother still intends to proceed toward adoption.

The child’s social worker and adoption social worker will counsel and advise the mother (and, if appropriate, the father) about the implications of adoption. The information for birth parents on the Children's Trust's adoption and fostering website may be useful for this. The social worker must keep a copy of any written information given to the parents and ask them to sign it as evidence that they have received it.

If the mother wants to proceed with adoption the area social worker will:

• Continue work to complete the Child's Permanence Report;
• Contact the panel team to confirm that the mother wishes to relinquish the child for adoption and consequently a panel date will be needed (see Section 5, Referring the Plan to the Adoption Panel for the policy for referring the child's plan to the adoption panel);
• Carefully record the mother's wishes and feelings about adoption and about placement for adoption, including any views about the religion, household composition etc. of the prospective adopters;
• Obtain two certified copies of the child's full birth certificate (It may be necessary to help the mother register the birth);
• Consider whether there are any factors relating to the competence of either parent to consent; and
• Stay in touch with the mother (and, if appropriate, the father) and monitor whether their wishes and feelings have changed.

As soon as the panel date is set, the social worker will send a referral to CAFCASS, formally requesting them to witness the parents' consent (see Section 6, The Parents' Consent). The social worker must provide the "Schedule 2 information", as CAFCASS cannot accept the referral unless they have received this. The Schedule 2 information is:

• A certified copy of the child's full birth certificate - if there are difficulties in obtaining this, the referral may be sent without it, but CAFCASS will take no action until it is provided;
• The name and address (or a contact address) of each parent or guardian whose consent is to be witnessed;
• A chronology of the Children's Trust's actions and decisions, including the proposed date of the adoption panel that will consider the plan for the child or, if the decision has already been made, the panel date and the date of the decision;
• Confirmation that the Children's Trust has counselled and explained the legal implications of both consent to placement for adoption and consent to adoption and provided the parent/guardian with written information about this;
• A copy of the written information provided to the parents (not the file copy as it may be needed later); and
• Any other information that the CAFCASS practitioner may need to know.

In deciding whether there is any further information that CAFCASS needs to know, the child’s social worker should consider issues such as:

• Whether the child is currently accommodated by the Birmingham Children's Trust;
• Whether the child was placed for adoption at under six weeks of age with parental agreement;
• Any plans for one or both parents to leave the area;
• Any issues which might cast doubt on the parents' competence to give valid consent;
• Whether another professional's views were sought about competence, and confirmation that they considered the parent/guardian to be competent;
• The circumstances in which the child was conceived;
• Whether the relatives (including the birth father) are aware of the birth and the plan for adoption, and any information or advice about arrangements to preserve the mother's confidentiality when contacting her;
• Whether the mother is married and, if so, whether her husband is the father of the child;
• Any information that may help the CAFCASS practitioner to contact the mother (and father); and
• Any issues relevant to the safety of the mother, and of the CAFCASS practitioner, for example domestic violence, aggressive behaviour by any member of the household, hostility to officials, etc.;
• As needed, the immigration status of the mother/parents.

5. Referring the Plan to the Adoption Panel

On being informed that the mother intends to relinquish the child for adoption the social worker will start gathering information for the child's permanence report.

Immediately on the birth of the child the social worker will contact Legal Services and request written legal advice on the case for the panel meeting.

When the mother confirms that she wishes to proceed with adoption the social worker will submit the papers for the adoption panel to the panel adviser. The panel papers are:

• The child's permanence report, countersigned by the team manager;
• The minutes of the most recent looked after child review (these must clearly state the plan is for adoption);
• The report from the child's permanence medical;
• If the medical adviser has advised that any medical or psychiatric reports should be seen by the panel, those reports;
• A photograph of the child;
• A covering memo stating why the matter has been referred to the panel; and
• Legal advice on the case, provided by Legal Services.

The panel team will check the papers and when satisfied will issue a panel date.

Before the panel meeting, the social worker should ensure that s/he has a clear understanding of:

• The child's history;
• The current involvement of the child's family (parents, grandparents, uncles and aunts etc.) and their views about the plan;
• The child's placement needs, including any needs related to contact; and
• The reasons why adoption is the plan for the child, and why all other options, including placement within the extended family, have been ruled out. This requires a statement of the positive outcomes expected to come from adoption as well as the reasons why the alternatives are felt to be unsatisfactory.

The panel meeting

The adoption panel must consider the case and make a recommendation as to whether the child should be placed for adoption. At the same time, it will give advice about whether the Children's Trust should apply for a Placement Order and about the proposed arrangements for allowing any person contact with the child.

Immediately after the panel meeting the child's social worker must tell the birth parents and (if appropriate) the child about the panel's recommendation and the reasons for it. However it must be made clear that the final decision lies with the decision maker.

The social worker must check the panel minutes and notify the panel team if there is any inaccuracy in the record of the questions asked and the answers given.

The decision

Within 3 working days after the panel meeting the panel adviser will send the panel recommendations, and all papers considered by the panel, to the decision maker who will decide on behalf of the Children's Trust whether the child should be placed for adoption. The decision must be made within 7 working days of the adoption panel making its recommendation.

If the decision is that the child should not be placed for adoption, the panel adviser will immediately notify the social worker and the IRO, who will arrange an urgent review.

6. The Parents' Consent

The plan for adoption can be put to the adoption panel without waiting for confirmation that consent has been signed. However consent must be sought and given unconditionally and with full understanding. Please refer to the chapter Consents for Children in Care Policy for further guidance.

The social worker, and relevant contact workers, should start work straight away on the Life Story Book Guidance and Later Life Letters Guidance.

7. Placement before the Child is Six Weeks Old

The mother cannot give consent to the child being placed for adoption until 6 weeks after the birth. However, if an adoption placement is available when the child is less than 6 weeks old, the placement may be made with the mother's informal agreement. If this seems possible, the adoption team manager will discuss the situation with the Head of Adoption.