Relinquished Children
Scope of this chapter
The term 'relinquished child' is used to describe a child, usually a baby or at pre-birth stage, whose parents are making the choice of adoption for the child.
This chapter deals with the first stages of the adoption process for relinquished children, whilst signposting other key processes that should be progressed and which are expected for any child who is Accommodated or where the plan is for adoption. It also summarises the counselling and support that will be made available to the birth family in these circumstances. Once a decision is made and consent is formally given, although not irreversible, the adoption process is as for any other child.
Therefore, this chapter should be read in conjunction with the Related Chapters.
Related guidance
- Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters
- Placement for Adoption
- Statutory Guidance on Adoption (July 2013) - Note that this guidance is for England and does not apply to Guernsey and Alderney where our legal framework is different. It may, however, be helpful to inform practice
Amendment
In November 2025 links were added to Good Practice Guidance for Adoption Agencies and Cafcass: Children Relinquished for Adoption (Cafcass) and Annex 3 'Statement That I Do Not Wish to be Notified of the Application for an Adoption Order for my Child - Section 20(4) Adoption and Children Act 2002' Proforma.
One of the principles of the Children (Guernsey and Alderney) Law, 2008 is that a child's welfare is normally best served by being brought up within his own family. It will be important to ascertain the reasons why the parent(s) is/are seeking to relinquish their child and to offer support through a counselling process. (See Section 3, Counselling.)
Throughout this process it will remain important:
- That the child’s welfare remains paramount;
- To ensure there is minimal delay in securing the child’s permanent future plan, and therefore,
- Referrals to the Adoption Team and, if required a together with completion of all necessary documentation are made in a timely way;
- That effective counselling is offered to the parent(s) with regard to the decision; and,
- Clear consideration is given to the parent(s) competency to make the decision;
- The parent(s) are fully aware of their rights and options throughout the process with regard to the child;
- That the practitioner remains in contact with the parent(s) for as long as possible to ‘get to know’ the parent(s) so as to be able to provide information for the child later in their life;
Children and Family Community Services should ensure that, following a request for a child to be relinquished, the matter should be transferred to the appropriate team best able to work with the parent/guardian and progress the child’s plan as soon as possible. This may mean transferring such matters outside of the mainstream ‘Transfer of Cases’ policy and procedure.
Referrals will often be received via the MASH Integrated Front Door Approach to Early Help & Safeguarding Referrals Procedure and should be dealt with promptly. Requests may be self-referrals or come from a GP, Midwife, school, other health professional or family member, etc.
As much information as possible should be taken at this initial stage about the parent(s) and their circumstances, but must be balanced with a need for sensitivity and an understanding that key areas will be dealt with through the counselling process that will be required. (See Section3, Counselling)
The practitioner dealing with the request should bring the matter to the Team Manager’s attention so that the referral can be dealt with promptly by an appropriately skilled and experienced practitioner with relevant knowledge of adoption.
Counselling should be undertaken as promptly as possible following the referral, by an experienced practitioner who has knowledge and skills in adoption, and include a discussion about the issues adoption brings for both the parent/guardian and the child.
The practitioner counselling the parent should ensure that they:
- Understand the reason(s) why the parent is seeking to place the child for adoption;
- Consider the parent’s general situation and circumstances;
- Are aware of the position of the birth father (see Section 4, Birth Father);
- Are aware of any communication requirements:
- As a result of a physical or learning disability;
- English not being their first
- Are aware of any issues around literacy skills the parent may have;
- Identify any cultural issues;
- Know of any physical or learning disabilities that are impacting upon the circumstances;
- Recognise any immigration concerns;
- Identify any other issues that may appear to the practitioner to be relevant.
See also Section 5, Consent and Competency
Counselling should ensure that the parent has considered the options:
- Staying with the parent, with close support where possible;
- Where the baby and parent(s) are accommodated with foster carers, training and support to care for the baby and parent(s) to help them overcome any anxiety and develop their parenting skills and confidence so that they are able to care for the child;
- Short-term foster care, with the aim of returning the child with support;
- Long-term placement within the child’s wider family (perhaps with a Residence Order);
- Placement for adoption.
Important note: One of the principles of the Children (Guernsey and Alderney) Law, 2008 is that a child's welfare is normally best served by being brought up within his own family and community. However, it is not that family are informed of the child’s birth or a proposed plan of adoption but a factor to be carefully considered having regard to the principle that the child’s welfare if paramount. In considering this, Children and Family Community Services should discuss with the parent(s) the likely views of the extended family and the consequences of them both subsequently ‘knowing’ or ‘not knowing’ of the child’s birth and plans for adoption.
Counselling the parent(s) should include providing information about adoption and gleaning information that might be relevant for the child:
- The implications of adoption as being life-long for the child and the birth family / parents;
- The legal consequences of consenting to a placement for adoption; advance consent to a future adoption order; the withdrawal of these consents; the legal effect of adoption itself; the option of indicating they do not want to be involved in future proceedings once consent has been given;
- The issue of contact, especially contact after the placement for adoption has been made;
- The practice of the Service to provide a ‘Later Life Letter’ and Life Story Book for the child and to seek to involve the parent(s) in assisting with this (providing information, photos etc);
- An understanding from the parent of any known health issues/family medical history within their family that might be relevant to the child - both physical, mental and emotional;
- Whether the parent(s) want to be involved in a matching process;
- Information about the rights of the child to obtain information about their birth parents once they reach 18 years. and the possible implications of this for them;
- The role of the Family Proceedings Advisory Service in ensuring consent is provided unconditionally and that the parent(s) have a full understanding;
- The availability (providing details) of independent counselling, information and support to the parent(s) and their family;
Provision of written information about the adoption process.
A birth father who does not hold Parental Responsibility for a child is not required to provide consent to adoption.
If the mother is not married to the father, the practitioner should check whether the father has acquired Parental Responsibility for example as a result of being named on the child’s birth certificate or through a parental responsibility agreement or order.
A child's welfare is normally best served by being brought up within his own family. The practitioner should seek to identify the father’s identity, including:
- His address;
- Any known wishes or feelings;
- If the father holds parental responsibility is seeking to acquire Parental Responsibility;
- If Parental Responsibility is acquired, his potential rights and any part he may wish to play in the process.
A child's welfare is normally best served by being brought up within his own family including by a birth father without parental responsibility. The Service should have regard to that principle in deciding what enquiries to make of a father without Parental Responsibility, or the paternal family
If the identity of the birth father becomes known, the practitioner, with the Team Manager, should decide if it is practicable and consistent with the above principle and the child’s welfare, to provide him with information and counselling and to ascertain whether he wishes to obtain Parental Responsibility (if he does not already have it) and /or A Residence Order.
In making this decision, the practitioner must balance:
- The principle that a child's welfare is normally best served by being brought up within his own family;
- The nature of the child’s relationship with the father;
- The nature and extent of the father’s relationship with the child’s mother and any siblings of the child;
- Whether it would be contrary to Article 8 (Right to respect for family life) of the European Convention on Human Rights to prevent disclosure of the birth of a child to a child’s father;
- The mother’s wishes for the child;
- The mother’s right to confidentiality;
- The avoidance of unnecessary delay;
- The principle that the welfare of the child is paramount.
The Committee for Health and Social Care as the Adoption Agency must be sure that the parent 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 Service should not proceed to arrange the giving of consent until any such issues are resolved. Where a parent is under 18 years they can be considered to give valid consent if assessed as competent.
Capacity or competence to consent is decision-specific. The High Court in Re S Child as parent: Adoption: Consent [2017] EWHC 2729 (Fam) made clear that parental capacity to consent to a child being voluntarily accommodated, does not equate to their capacity to consent to an adoption order in respect of the child. The principles identified in that case may be of assistance in considering parental capacity.
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;
- 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;
When determining the competence of a parent 'all practicable steps' should be taken to help them to make an informed 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.
If there is any doubt about the competence of a parent to give consent to adoption or placement for adoption, the issue should usually be referred to the court.
Following the counselling stage and if the parent(s) continue to express their need for the child to be adopted, a decision to proceed to Adoption Panel for the child to be considered for adoption as a relinquished child should be made by the appropriate Officer. (Note however, that it is the Adoption Panel recommendation and the Adoption Agency Decision Maker that will confirm the plan for the child).
See also:
Decision to Bring a Child into Care Procedure
Where the child is already in the care of the parent(s), an assessment and decision should be promptly made as to the point at which the child should be accommodated, bearing in mind that separation will impact upon the child’s developing attachment; this could be ‘positively’ if the parent(s) bond is poor, with the consequent impact upon the child’s attachment. (See Decision to Bring a Child into Care Procedure). Some parent(s) may wish to care for their child up until the child’s move to a prospective adoptive placement. That would minimise the potential changes for the child. Alternatively, they may choose to place the child with a family member pending identification of an adoptive carer(s).
The parent(s) should provide their consent to the placement for adoption having been provided with all relevant information in respect of adoption, contact and support for them and their family, (see Section 3.3, Counselling About Adoption).
When the matter has been presented to Adoption Panel and agreed by the Agency Decision Maker an adoptive placement should be sought. (See Section 8, Adoption Panel.)
A referral to the Adoption Team should be made as soon as possible within the ‘relinquished process’ so that efforts can be made to identify an appropriate placement, including a Foster to Adopt placement, (see Fostering for Adoption, Concurrent Planning and Temporary Approval as a Foster Carer of Approved Prospective Adopters Procedure).
6.1.1 Accommodation of the Child
Following accommodation of the child, the practitioner should progress the matter as with any other child who becomes looked after:
- Ensure a case record for the child is opened and the electronic recording system is provided with all relevant information, particularly the child’s status, (this to be updated throughout);
- Advise the Independent Reviewing Officer of the child’s placement and status and ensure the first review is completed within 20 working days, completing all necessary documentation;
- Complete a Care Plan for the child;
- Commence the child’s Permanence Report (for Adoption Panel);
- Progress a referral to the (Adoption Panel) Medical Advisor for a health assessment including CoramBAAF medical assessment forms M and B together with CoramBAAF PH form, (completed by parent(s));
- Ensure a birth certificate is obtained: this can be undertaken by the parent(s);
- Visit the child’s placement in accordance with your procedures (see Social Worker Visits to Children in Care Procedure);
- Continue to keep in contact with the parent(s) and continue with counselling about adoption as wanted/needed by them;
- Arrange and support contact arrangements with the child as required;
- Ensure that the child’s Life Story Book is commenced and progressed and that the foster carer is involved in this on as continuous basis;
- Discuss with the parent(s) their level of engagement within the process and at what point they may wish to disengage from the adoption process.
In some cases the parent(s) will disengage at an early stage and there might therefore be an issue of continuing engagement to undertake necessary tasks, e.g. obtaining a birth certificate, completing consent forms, etc.
See ADCS, Good Practice Guidance for Adoption Agencies and Cafcass; Children Relinquished for Adoption.
6.1.2 Preparing the Child
Work with the child, in an age-appropriate way, should be begin to be undertaken to help prepare them for the planning and changes that will progress them to their permanent placement. The nature and style of this work will vary greatly on the child and their age, understanding and capacity and is likely to be a mixture of play, counselling and 'discussion'. This could include a wishing you well contact with their parent(s) and family if there is to be no post adoption contact.
6.1.3 Adoption Case Record
Once the Committee for Health and Social Care has made a decision that the plan for the child should be one of adoption, in addition to the Looked After Child record, an Adoption Case Record should be established.
Many children who are relinquished will come as a pre-birth request from the mother. Counselling processes / information gathering processes with the mother and, (where appropriate and known), the father need to be undertaken and progressed.
Additionally, a foster to adopt placement can be sought, (if assessed as appropriate), or initial request for a placement, together with planning a schedule for Adoption Panel.
6.2.1 Child’s Birth and Discharge from the Maternity Unit
The practitioner should seek to meet with the parent(s) as soon as reasonably possible, checking with maternity staff that this is appropriate. The meeting should reflect on the plan for relinquishing the child and exploring how the parent(s) want to deal with this stage of the process. It should also include advice / information, perhaps particularly around separation and naming the child.
This stage of the process is one of particular sensitivity and should be led by the parent(s). If the child is accommodated voluntarily, the parent(s) can provide as much or as little for the child as they feel they want to at this very initial stage and should be encouraged / supported - but not pressured - to have contact with the child having regard to the principle that where it is not possible for a child to be brought up within his own family, his welfare is normally best served by maintenance of regular contact with his family.
It should also be considered that this is the point at which the child’s Life Story Book starts, and provides an opportunity to collate detail and (with permission) photos for the child’s Life Story Book.
If parent(s) have given informed consent to relinquish their child pre-birth and reconfirmed that decision following the birth, the practitioner should:
- Provide the maternity unit with the foster carer’s details and the foster carer’s GP details if the plan is to accommodate the child with a foster carer;
- Ensure the CoramBAAF medical Forms are completed by the paediatrician subject to obtaining the consent of the parent(s);
Note: these forms should be ideally completed before the child’s discharge, so as to avoid unnecessary delay later.
6.2.2 Accommodation of the child
If the child is being discharged from hospital to a foster placement, the practitioner should progress the matter as with any other child who comes into care (see Section 6.1.1, Accommodation of the child).
Subject to consent to accommodation being provided (or their being another legal basis for accommodation e.g. a Care Requirement with a relevant condition or an Interim Community Parenting Order/Community Parenting Order), the Service may now place the child. If the child is accommodated voluntarily, the parent(s) must consent to the contact arrangements.
- Adoption
6.2.3 Adoption Case Record
A parent (a mother or a father with parental responsibility) may withdraw their consent to accommodation at any time and if they request that the child be returned to their care, the Service must comply with that request unless they obtain legal authority not to return the child (e.g. by the Police exercising their powers of protection or by obtaining an Emergency Child Protection Order).
An evaluation of the circumstances should be undertaken and include any factors that may require a formal child protection risk assessment. (See Threshold Document - Continuum of Help and Support.)
In all circumstances, any child returning home should be made on the basis that their welfare will be promoted. This should take into account the support that can be provided by the Services and its partner agencies.
It is important to draw a distinction between consent to accommodation and consent to adoption.
The parent(s) can withdraw their consent to adoption at any stage prior to the prospective adopters issuing an adoption application in relation to the child. The withdrawal does not have to be in any particular format.
Where the prospective adopters have not yet filed their application to adopt with the court, and the parent informs the Committee for Health and Social Care that they wish the child to be returned to their care, the child should be returned to the parent(s) immediately, unless the Service can agree a delay to that return pending it taking advice on seeking legal authority to retain the child in it’s care.
Where the prospective adopters have filed their application to adopt the child obtains a degree of protection and a parent of the infant who has signified his consent to the making of an adoption order shall not be entitled, to remove the child from the care of the applicant except with the leave of the Court. In considering whether to grant or refuse such leave the Court shall have regard to the welfare of the child.
Once consent has been given the practitioner should proceed to the Adoption Panel (see Fostering and Adoption Panel Procedure) after completing the child’s Permanency Report and providing the range of required documents, notably the child Permanency Report.
The Court will appoint as soon as is practicable after an application for an adoption order is made, a guardian ad litem of the child. This is usually an Officer of FPAS. Their role is with a view to safeguarding the interests of the child investigate all circumstances relevant to the proposed adoption including matters of consent.
Last Updated: November 25, 2025
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