Working with Birth Parent - Relinquished Babies

Initial contacts and requests for service will typically be received regarding an unborn child or a very young baby and are likely to come via a health professional or following a self-referral to the local authority children's social care.

The allocating team manager will appoint a social worker and also make a referral to OASY to request the appointment of a family finding social worker to offer guidance and advice to the child’s social worker in respect of the process and counselling to the birth parent.

All case recording will be entered onto the local authority's Children's Information System in the adoption pathway by the child’s social worker and this will become the child's adoption file.

The initial counselling interview will be undertaken by the child's social worker with support and guidance from the family finding social worker. The family finding social worker may attend the counselling interview which will normally be with the birth parent(s) and, if very young, their parent(s). The focus of this interview will be a general discussion about adoption and its legal and emotional implications and a discussion of available alternatives. It should be emphasised that discussion about adoption is not a commitment to proceed.

The child’s social worker will need to get to know the parent/s properly so that they can plan for the child.

The parent(s) must be given the adoption memorandum (Information for Birth Parents about Adoption) by the child’s social worker. Their acknowledgement, when given, should be placed on the adoption case file.

It is usual to include the father of the child in the counselling process. The birth mother should be encouraged to provide the father's name. His consent to adoption will be required if he has Parental Responsibility. When determining whether to contact a father without Parental Responsibility when the mother does not wish to disclose his identity, the following criteria must be considered:

• The nature of the child's relationship with the father;
• The nature and extent of the father's relationship with the mother and any siblings;
• Whether failure to disclose to the father would constitute a contravention of Article 8 of the European Convention on Human Rights (concerning respect for private and family life);
• The child will require background information, including health information regarding their father.

Reasons for not involving the father must be discussed with the social work team manager and service manager, the adoption family finding team manager and legal services. Any decision must be recorded on the Children's Information System. Where the father's identity cannot be established or the case is complex, legal advice must be sought as soon as possible to ensure that there is no unnecessary delay for the child.

Further interviews will be essential to continue the counselling process and should lead to a decision being made by the parent(s). Counselling should continue and issues to be explored would include:

• Contact / family time (e.g. while the child is Accommodated pending adoption and post adoption);
• Separation and loss;
• Emphasise legal process and finality of adoption;
• Family medical information;
• Comprehensive background history for the child;
• Alternatives to adoption e.g. extended family members, short term foster care with the aim of returning the child with support or staying with the parent from birth;
• Avenues of support for the parent(s);
• Meeting the adoptive parent(s) / contact post adoption;
• Choice of family;
• Inform of child's rights - access to information provision (useful to record reaction on file).

Every effort must be made to elicit comprehensive family health background information - using CoramBAAF medical forms.

Information from both parents needs to be obtained.

If the plan remains adoption the workers should explore the possibility of the baby being placed with Early Permanence carers (approved adopters who are given temporary approval as foster carers).

See: Early Permanence Placements Procedure.

The emphasis on urgent planning is strong: in some cases it may be feasible with enough preparation for the Adoption Panel to be ready to consider the case within a day or so of the birth and the Agency Decision Maker to make the decision the same day. Upon the child's birth, additional counselling must be offered to ensure adoption remains the plan.

The Local Authority must be sure that the parent or the guardian is competent to give consent.

During the counselling sessions, care should be given to identifying whether the parent(s) are capable of giving consent, especially if there is evidence of: learning disabilities; mental health issues; cultural, ethnic or faith issues; consent being given conditionally, etc.

Where there is concern as to the parent's understanding, an additional and specialist assessment should be sought from another professional - preferably someone who already knows the parent, such as an approved mental health social worker; a disabilities social worker; GP; midwife or health visitor; psychiatrist/psychologist or someone who can offer a faith or cultural perspective.

If the issue of competency is known at the point of referral or at an early stage in the process, then the agency should not ask Cafcass to witness consent, until any such issues are resolved. Where a parent is under 18 years (i.e. considered to be a 'child' themselves within the meaning of the Children Act 1989), they can be considered to give valid consent if assessed as competent by the counselling practitioner.

The High Court in Re S (Child as parent: Adoption: Consent) [2017] EWHC 2729 (Fam) was clear that parental capacity to consent to a child being accommodated under s.20 Children Act 1989, does not equate to capacity to consent to an Adoption Order in respect of the child - the capacity to consent is decision-specific. (That case concerned a 'child parent' (i.e. below 18 years of age) with learning disabilities. The principles, however, will be of relevance in considering parental capacity, irrespective of their age).

The court set out the salient or 'sufficient' information which is required to be understood by a parent regarding extra-familial adoption:

• Your child will have new legal parents, and will no longer be your son or daughter in law;
• Adoption is final, and non-reversible;
• During the process, other people (including social workers from the adoption agency) will be making decisions for the child, including who can see the child, and with whom the child will live;
• You may obtain legal advice if you wish before taking the decision;
• The child will live with a different family forever; you will (probably) not be able to choose the adopters;
• You will have no right to see your child or have contact with your child; it is highly likely that direct contact with your child will cease, and any indirect contact will be limited;
• The child may later trace you, but contact will only be re-established if the child wants this;
• There are generally two stages to adoption; the child being placed with another family for adoption, and being formally adopted;
• For a limited period of time, you may change your mind, however once the adoption order is made this is irrevocable.

When determining the competence of a parent in these circumstances, 'all practicable steps' must be taken to help them to make the decision, for example using simple language, visual aids or other means. A parent will be treated as understanding the information relevant to a decision if they are able to understand an explanation of it given to them in a way which is appropriate to their circumstances.

The decision to consent to adoption is significant and life-changing. Before exercising their decision-making, the parent should freely and fully understand the information set out on the consent forms, which should be conveyed and explained to them in an appropriate way; there is no expectation that the parent would be able to understand the precise language of the consent forms.

If there is any doubt about the competence of a parent to give consent to adoption or placement for adoption, the issue should be referred to a court.

Where it is considered that the parent is not capable of giving informed consent but the local authority decide to place the child for adoption following their counselling and assessment, an application for a Placement Order must be made (see Section 22(1)  Adoption and Children Act 2002).

The child's social worker and family finder will work together to explore the possibility of the baby being placed with early permanence carers whereby the child is placed at birth with prospective adopters approved as early permanence carers/temporary foster carers for the specific child. This opportunity may reduce potential moves for the child and should be considered as part of the counselling process. See Early Permanence Placements Procedure for more information.

If for any reason it is agreed that early permanence is not the appropriate route to placement, then the social worker will make a referral to fostering duty service of the child's home local authority for a fostering placement using the appropriate request for placement form. Once a foster carer is identified, the birth parents should be offered an opportunity to meet the foster carer if appropriate.

The placement must conform to the Care Planning, Case and Placement Review (England) Regulations 2010 and the appropriate Children Looked After forms should be completed. The mother needs to give consent for the child to be accommodated by signing the placement agreement and the medical consent form. The treatment delegation form gives consent for all necessary medical treatment for the child whilst accommodated. These should be signed by the social work team manager and distributed to all concerned.

Following the birth of the baby the mother can decide whether to care for the baby or request segregation from the baby whilst in hospital. It is not uncommon for the mother to opt for the latter arrangement.

The parent/s should be encouraged to see the baby but must not be forced to (arrangements can be made for the parent/s to see the baby at an appropriate venue). The parent/s do not need to provide anything for the baby but can and may wish to do so. Careful consideration will be given to discharge from hospital and how best to do this for baby and parent/s. The birth parent/s must be advised of the services of the independent counselling service which is currently provided by PAC UK and provided with written information about the service.

The social worker must arrange for the baby to be discharged to foster carers or early permanence (EPP) carers once the baby is medically fit for discharge. It is useful for the prospective foster/ EPP carer/s to visit the baby in hospital prior to discharge but this must be done in consultation with the birth parent/s, the hospital and the carer/s.

It is also desirable for the foster/ EPP carer to be present with the social worker to discharge the baby from hospital. On discharge the hospital ward should be given details of the proposed foster/EPP carers' name, address and contact number and the foster carers' GP but there needs to be a careful discussion to ensure the discharge details for the child are not put in the birth mother's medical records and the carer's details address etc are not disclosed to the birth mother. A letter for the community midwife and GP will be given to the foster carers when baby is discharged.

Prior to, or on discharge, CoramBAAF medical forms M and B should be presented to the ward for completion by the pediatrician or senior nurse responsible for the child and the mother. These should be presented with the consent form signed by the birth parent. Often mother and baby are placed on different wards and so different medical professionals may need to complete the forms.

It is important that these forms are completed before discharge as the medical notes are not readily available at a later date.

The child’s social worker will trigger foster carer payments and also inform the relevant Independent Reviewing Service of the baby's accommodation and request the allocation of an Independent Reviewing Officer to undertake the 28 day review. The child’s social worker needs to request the appropriate statutory notifications of placement be sent out as soon as the child becomes accommodated. The child’s social worker must complete statutory visits throughout the whole period the child is looked after with the first visit being within 1 week of the placement starting.

As soon as counselling has been offered to the birth parents and they indicate they intend to consent to the child being placed for adoption, advance notification of this should be sent to the Children and Family Court Advisory and Support Service (CAFCASS) using a standard letter.

Birth parent/s should be involved in discussions around suitable adoptive families. They should have the opportunity to share their views on what they would like in a family and, if appropriate, be shown profiles of possible families. Again, this may be considered as part of the pre-birth planning process if the child is to be placed with early permanence carers.

Notification will need to be sent to CAFCASS with all of the background information and a certified copy of the child's birth certificate.

The CAFCASS officer will need to make arrangements to interview the birth parent(s) to be satisfied the consequences of giving consent are fully understood and they are willing to do so unconditionally. The CAFCASS officer will then need to witness the formal signing by the parent(s). If a family for the child has been identified, the birth parent(s) can give written Section 19 consent for the child to be placed with this specific family when they meet with the CAFCASS officer.

The original signed Section 19 and 20 consent forms should be returned to the agency, along with written notification from the CAFCASS officer (who should keep a copy of this) that consent has been given. It is important the agency safeguards the original consent form as this will be required by court with the adoption application.

The agency should also keep a copy of the signed consent form on the child's case record and any notice given to the agency that the parent/s does not wish to be informed of any application for an Adoption Order and any notice of withdrawal of this request.

If the birth parent wishes a baby, aged less than 6 weeks, to be placed directly with adoptive parents, written agreement to the placement must be obtained.

The Local Authority should provide additional counselling for the parent/s and make it clear both orally and in writing that the parent/s retain full Parental Responsibility until they give their written consent under section 19 and or 20 of the Act.

The child's parent or guardian is able to withdraw their consent to the child's placement for adoption at any time up to the point where the prospective adopters apply for an Adoption Order by writing to the agency.

On receiving the notice of withdrawal of consent the authority is required to immediately review its decision to place the child for adoption. The authority may decide to apply for a Placement Order, having taken legal advice to ensure the conditions for this are satisfied. This would prevent the child's removal until such time as the court has decided whether to make the Placement Order.

Where consent to placement has been given and withdrawn but the child is not yet placed for adoption, then the child must be returned to the parents within 7 days unless the authority decides to apply for a Placement Order.

Where the child is placed for adoption by consent under section 19 of the Act and that consent is withdrawn, the child must be returned to the agency by the prospective adopters within 14 days, and the agency must return the child to the parents, unless the authority decides to apply for a Placement Order.

It is an offence for anyone other than the agency (in sections 33 and 34 cases, only a local authority) to remove a child where the child:

• Is placed for adoption with the parents' consent under section 19 of the Act
• Is placed for adoption and either the child is less than 6 weeks of age or the agency has at no time been authorised to place the child for adoption
• Is not yet placed for adoption and is being accommodated by the local authority and the authority has applied for a placement order and the application has not yet been disposed of
• Is not yet placed but the agency is authorised under section 19 of the Act or would be if consent to placement had not been withdrawn

It is the responsibility of the child's worker and the prospective adopter's adoption social worker to ensure the prospective adopters are fully aware of the implications should consent be withdrawn. This must be explained before the child is placed.

Where a 'Should be placed for Adoption' (SHOBPA) decision has been made and the baby is not in an early permanence placement, the agency should begin family finding immediately with a view to achieving a placement for adoption very soon after birth.

Adoption Panels are only able to recommend a match once the birth parents have given their formal written consent to adoption with a CAFCASS officer.

Once a match has been agreed by the Agency Decision Maker, a Placement Planning Meeting will be held and the relevant statutory notifications must be processed.

The prospective adopters can apply to court for the making of an Adoption Order 10 weeks after placement and if the child care review has recommended this.

The Adoption Order hearing will be in two parts, so that the birth parent/s do not attend with the adopters.

The child’s social worker will attend the full Adoption Hearing, where birth parents may also attend, and inform the adopters of the outcome of this.

The child’s social worker will accompany the adopter/s and the baby to court for the adoption celebration hearing. The court will officially notify the birth parents of the outcome of the Adoption Hearing and the child’s social worker will also confirm the outcome in writing to the birth parent/s.

The Local Authority would not normally continue to see the birth parents following the adoption hearing but can offer further advice and support can be offered via One Adoption South Yorkshire if required or they can be referred for independent support via PAC UK.

On-going supervision of the baby's placement will end after the adoption hearing, however, if baby is adopted by a OASY approved family the adoption social worker will maintain contact with the adoptive parent/s for 12 months to ensure the placement is going well and continue to offer support and assistance if required.