When children in care are adopted
Your child can be adopted if they are in out-of-home care. Read more about the process, consent and court requirements, including how to stop an adoption order.
Do they need my consent?
If a child is under 12 years of age the birth parent must be asked if they agree to the adoption of their child. You should talk to your caseworker or lawyer about whether you want to consent to the adoption or not.
Your caseworker will discuss your options with you and can give you some information to help you make the decision. You will receive two documents containing more information about the legal process of adoption as well as the emotional effects:
- Mandatory Written Information on adoption
- Mandatory Written Information on adoption - Information for parents of a child in out-of-home care
If your child is 12 years of age or over and can understand what adoption is and what consenting to adoption means, they can consent to their own adoption and you won’t be asked to consent.
What if I don't consent?
The Supreme Court might still decide that your child should be adopted if the judge thinks that adoption is in the best interests of the child and go ahead with the adoption order without your consent.
You have a right to oppose the adoption in court.
Even if your child is over 12 and you are not asked to consent, you can still take part to the Court case and tell your caseworker or the Court if you don’t think adoption is a good idea for your child.