Can foster to adopt carers change their mind about adoption?

A foster to adopt carer can change their decision before an adoption order is made, but the practical and legal consequences depend on the stage reached. Foster to adopt arrangements are designed to provide stability while the local authority assesses whether adoption is the right plan, so a change of mind must be considered alongside the child’s legal status, welfare and permanence plan.

If the decision changes before a placement

Someone who is approved, or being assessed, as a foster to adopt carer can tell the fostering agency that they no longer wish to adopt. They may be able to continue through a conventional fostering route, subject to a fresh discussion about their approval, suitability, expectations and the types of placements they could accept. Approval to foster does not automatically mean that a person is approved to adopt, and the two roles involve different assessments and legal processes.

If a proposed placement has not yet started, the local authority will review the plan rather than placing a child where the carers cannot commit to the intended permanence route. This may mean identifying another foster to adopt family or considering a different care plan for the child.

If the child is already living with the carers

Changing from an intention to adopt to an intention to foster is more complex once a child has been placed. The carers should explain precisely what has changed, whether they can continue caring for the child safely, and whether they would be able to support future contact, assessments and legal planning. The agency and local authority will consider whether the household remains suitable and whether continuing the placement is consistent with the child’s needs.

There is no automatic right for carers to keep the child simply because they are willing to remain foster carers. Equally, a change of mind does not by itself determine that the child must move. The local authority must make a considered plan, taking account of attachment, the child’s relationships, prospective permanence options and any court directions. A move should be avoided where it would not be in the child’s interests, but it may be necessary if the placement can no longer provide the required care or permanence.

If adoption proceedings have started

Carers who have applied to adopt should obtain advice before withdrawing or taking any formal step. They may be able to withdraw an adoption application before an adoption order is made, but this does not end the local authority’s responsibility to decide what should happen next. The child’s plan could involve continued fostering, another permanent placement, reunification with birth family where appropriate, or further court proceedings.

Where a placement order or other court order is involved, the carers’ options may be affected by that order. The court, local authority and other parties may need to be involved, and the process cannot be treated as a private arrangement between the carers and the agency. An adoption order is particularly significant: once made, it creates a permanent legal parent-child relationship and is not something carers can simply reverse because they later reconsider their decision.

What carers should do

• Tell the supervising social worker or adoption social worker as soon as they recognise that their position has changed.
• Ask which legal orders and applications are currently in place and what decisions are still outstanding.
• Request a clear explanation of the possible plans for the child, including how any move would be assessed and managed.
• Take independent legal advice where an adoption application, placement order or court hearing is involved.
• Keep discussions focused on the child’s welfare and avoid making promises about the child’s future before the responsible authorities have agreed a plan.

Changing your mind does not mean that you have acted unlawfully or that every foster to adopt placement must end immediately. It does mean that the original plan must be reviewed openly and without delay. The outcome will depend on the child’s circumstances, the carers’ ability to continue, the legal position and the permanence decision reached by the local authority or court.