Adopting  a child who has been in your long term care

Some children are placed in foster care when they are temporarily unable to live with their family. In certain cases, carers may apply to adopt a child who is in their care. This is referred to as a ‘carer adoption’. 

What conditions must be met to apply to adopt a child in your long-term care.

Adopting a foster child or a child in your care is only possible if the Department for Community Development is sure that the child will not return to live with the birth parents or extended family.   The Department must have arranged or approved the placement of the child with the carers. 

There are a number of criteria that need to be considered if you are considering a Carer adoption.

If you meet the legal adoption criteria and are a  carer wishing to adopt a child in your care:

• the child’s birth parents must give their consent for the adoption (or the Family Court dispenses with consent)
• the child must have been in your care for at least three consecutive years
• The Department needs to have approved the placement.

A carer adoption requires many of the same processes as a local adoption, (see Adopting a Child, The Next Steps) including  an adoption plan and the Family Court Adoption Order.

The Department for Community Development must have approved the original placement.

If the child in your care is not under the guardianship of the Department and was placed there through a private arrangement, this usually does not qualify for a carer adoption, as the Department did not approve or arrange the placement.

Carers of young children should also be aware that under the Children and Community Services Act 2004,(section 104) only certain persons who are not the parents of the child, are allowed to care for the child for more than the prescribed periods without approval.   These periods are for more than a month for children under 1 year and for any other young child, more than 3 consecutive months.   There are heavy penalties for not complying with this law. This section does not apply if the care has been arranged by the Department, or Court orders have been made.  A relative carer is also exempt.

If the child in your care is under the guardianship of the Department then, in order to approve an adoption of a foster child, the Department will need to decide that the child will not return to live with the parents or extended family. Adoption must be in the child’s best interests.  Parents and extended family are involved in decision making with the Department and any decision will be formally considered.

Relative adoptions

You are not able to adopt a relative.  In this instance, the Family Court can issues orders to formalise a family arrangement.  See Different types of adoption

For more information see Adopting a child - the next steps and Who can adopt.