People wishing to Adopt

Prospective adopters must be 21 or over. There is no upper age limit. A couple wishing to adopt together must be married, although this is very likely to change in the near future with the implementation of new legislation.

Currently one member of a co-habiting couple can adopt and the other partner would need to apply for an order giving them Parental Responsibility. Applications are welcomed from single people who can also adopt. Torbay Council welcomes applicants from all areas of society and does not discriminate in any way. We offer a service to all our residents and also welcome applications from those living outside the area, particularly from people wishing to adopt older children, sibling groups or children with special needs.

All applicants undergo statutory checks carried out through the police, Children's Services, health, education and probation services. Anyone with an offence against children is barred by law from becoming an adopter. Personal references, e.g. from friends or employers are also taken up. All prospective adopters undergo a medical examination carried out by their own GP. Adopters are viewed by the Local Authority as an important and valuable resource for children in need of adoption. As a result great care is taken in the training, assessment and support of all applicants.

Interest is particularly welcomed from people who can offer a home to:

• Children 4 years and older
• Brothers and sisters
• Children with uncertain developmental futures
• People who have already parented and have older children

Torbay Council also accepts applications from people wishing to adopt from overseas. (Such assessments are carried out by a voluntary adoption agency and the cost, of around £2,500 is met by the adopters) to check.

Anyone contacting us will be able to talk to a social worker experienced in Adoption practice. An information pack is available and will be sent to anyone who wants to know more.

Applying to adopt a child

Adoption can be carried out in one stage or two. The prospective adopters can make an application to adopt to the court of their choice and this application will be heard by a Judge. This is usually the case when birth parents agree to the adoption. However, in certain circumstances the agency may apply to the court for an Order freeing a child for adoption. This Order is then used by the adoptive parents at a later stage when they apply to the court for an Adoption Order.

Freeing for adoption

This procedure is not used in situations where parents are agreeing to their child's adoption. It is more likely to be used if you wish to oppose your child's adoption.

A Freeing Order transfers your rights and responsibilities wholly to the agency. Later on, when adopters make their application to adopt, the court transfers the parental right from the agency to the adoptive parents.

If an application to free your child for adoption is made, you will be asked to decide at that stage whether you would like to be informed about your child's placement and when the Adoption Order has been made. If you want to be kept in touch and within a year of the Freeing Order your child has not been adopted, you will be able to apply to the court for leave to resume your legal rights and responsibilities as the child's parent.

When a Freeing Order is granted to the Local Authority it is normal for the prospective adopters to then make their application to adopt to the court of their choice. This application will then be heard by a judge at an Adoption hearing.

Choosing a family

The law requires that Adoption Agencies make very thorough enquiries about families wishing to adopt. All prospective adopters undergo lengthy training and assessment by an Adoption Agency and must be approved by an Adoption Panel before they can be considered for adoption.

They are asked all sorts of information about themselves and their family background.

From having knowledge of their own family experiences and their skills and interests, the agency gets a picture of their family life and gains an understanding of what kind of upbringing they would offer a child. When a child's social worker looks for a family, one will be chosen because it is thought they are able to meet a child's needs. The child's long-term welfare is the first consideration. A placement will not be made until it is believed that the right family is available. When a suitable family is found a recommendation is made to the Director of Children's Services, who considers the needs of the child and the family recommended and makes the final decision. It is hoped that parents are reassured to know that so much thought goes into choosing the right family.

There may be special considerations you would like to be included in choosing your child's family. You might, for example, want your child to have a particular religious or cultural upbringing or to have the opportunity to develop a special interest or skill. Tell your child's social worker if you would like to make a list of what you would like in a family for your child.

It is not possible to promise to do as you wish, because your child's overall welfare must always be considered in choosing the adoptive family. However, your wishes will be taken into account wherever possible.

Older children will be given help to understand how adoption affects them in relation to you and your family and will be asked their views about the type of adoptive family they wish to live with.

Knowing about you is important

Before an adoption can be arranged the agency is required by law to ask for a lot of information about parents and children, this information is personal and will be treated as confidential. However there are some circumstances where the agency might need to pass particular information on to other people. Wherever possible, such circumstances will be explained.

All this information is needed for the fullest possible knowledge and understanding of children and the families of birth. This helps those making the decisions about the future. You can therefore help your child by agreeing to provide as much information as you can about yourself and your family and by understanding our need to ask your doctor about your family's health.

We try to arrange for all birth parents to meet the prospective adopters of their child if it is felt to be appropriate. This is to help both sets of parents to have an image of, and a little more knowledge about each other. It will also be helpful for children's adoptive parents to know as much as possible about family background. Origins and birth family will be important to your child growing up.

The information about family's health will be important. Brothers and sisters (including half-brothers and sisters) are also very important to adopted children. If brothers and sisters have to be placed separately, each adoptive family will usually be asked to keep in touch with each other. Sometimes this is done through our "Letter Box Scheme". The "Letter Box" is explained later on this page. If you have any more children, or any other important changes occur in your life or your family, the Letter Box is a way of keeping your adopted child informed.

Please contact the Adoption Team for more information.

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