What legal status does a child have during a foster to adopt placement?

A child placed through Fostering for Adoption has a legally transitional status: they are being cared for in a fostering arrangement while the local authority and court determine whether adoption is the right outcome. The intention that the child may later be adopted does not, by itself, change the child’s legal status or give the foster to adopt carers parental rights.

The legal position depends on the court order or arrangement supporting the placement. Common possibilities in England include:

• Voluntary accommodation under section 20 of the Children Act 1989: the child is looked after with the agreement of the person who holds parental responsibility. The local authority does not automatically acquire parental responsibility in this situation.
• An interim care order: the court gives the local authority parental responsibility on an interim basis, usually while care proceedings continue. The child’s parents normally continue to hold parental responsibility as well.
• A care order: the local authority shares parental responsibility with the child’s parents, but can determine the extent to which another person may exercise it while the order remains in force.
• A placement order: this authorises the local authority to place a child for adoption without the parents’ consent, where the statutory conditions are met. It does not itself make the foster carers the child’s legal parents.

The social worker should explain which arrangement applies to the particular child. Foster to adopt carers should ask for a clear explanation of the relevant orders, who holds parental responsibility, and what decisions they are authorised to make.

Foster carers do not automatically have parental responsibility. Their role is to provide day-to-day care in accordance with the placement plan and the instructions of the responsible authority. Some routine decisions may be delegated to them, such as arrangements connected with education, activities, ordinary healthcare or contact, but the scope of that authority should be recorded rather than assumed. Important decisions may still need to be made by the local authority or by someone else who holds parental responsibility.

This can affect practical matters such as medical consent, travel, school decisions, religious upbringing and contact with birth relatives. The precise position varies according to the child’s orders, age, circumstances and placement plan. A foster to adopt carer should speak to the child’s social worker before making a decision that could have legal or long-term consequences.

The child’s prospective adoptive status is also separate from their current care status. Being approved as a prospective adopter, being matched with a child, or accepting a foster to adopt placement does not complete an adoption. Court proceedings may continue, and the court must consider the child’s welfare and all relevant information before deciding whether adoption should proceed. The child’s birth parents may have opportunities to participate in those proceedings, depending on the circumstances and the orders in place.

An adoption order is the point at which the legal relationship changes. Once an adoption order is made, parental responsibility is transferred to the adopters and the child becomes their legal child for the purposes set out in adoption law. The foster to adopt placement itself is therefore not the same as an adoption placement, and the legal position should not be treated as final until the court has made the relevant order.

The child’s views and welfare are considered through the legal process in a way that is appropriate to their age and understanding. A children’s guardian, social worker or other professional may represent or communicate the child’s interests. Foster to adopt carers are expected to provide accurate information about the child’s care and development, follow professional guidance and maintain appropriate confidentiality while decisions are being made.

Because the legal position can change during the placement, carers should keep copies of the placement plan and any written information about delegated authority. Questions about parental responsibility, consent, contact or court proceedings should be raised with the supervising social worker and the child’s social worker. Where a decision requires legal interpretation, independent legal advice is more appropriate than relying on a general explanation of the fostering process.