This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Detailed guide to birth parents' consent requirements in adoption in England and Wales, explaining who must consent, how consent is given and witnessed, timing rules, withdrawal of consent, and when courts can dispense with consent to ensure the child's welfare.
Birth parents' consent is a fundamental legal requirement in adoption under English and Welsh law. It ensures that the significant legal consequences of adoption-permanently transferring parental responsibility and creating a new legal family-only happen with proper agreement or judicial authority. Consent rules are designed to protect the rights of birth parents and the welfare of the child, while also allowing courts to proceed without consent in limited circumstances where necessary. This article explains who must consent, how consent must be given, when it can be withdrawn, and the exceptions that allow courts to dispense with consent.
Who Must Give Consent?
Before a child can be placed for adoption or an adoption order made, consent is ordinarily required from any person with parental responsibility for the child. In most cases, this means:
- the birth mother; and
- the birth father, if he has parental responsibility (for example, if he is married to the mother at birth or has acquired parental responsibility through registration, agreement or a court order).
Both parents must usually agree unless one lacks parental responsibility or has already had it removed.
Consent is also required from any guardian appointed by a court. Local authorities and other professionals do not need to consent but may be involved in reporting on suitability of adoption.
Legal Framework for Consent
The requirement for consent to adoption and placement is set out in the Adoption and Children Act 2002. Under section 52, the court cannot approve a child's placement for adoption or make an adoption order unless consent has been given or validly dispensed with by the court. Consent must be clear, legally valid and properly documented.
The Family Procedure Rules and Practice Directions specify that consents must be in prescribed forms (such as Form A100 or A104 for adoption consent, and various Form A19x series for placement consent) or in another format the court directs. These formalities help ensure that consent is legally effective and free from undue pressure or misunderstanding.
Forms and Witnessing of Consent
Birth parents normally consent in writing using specific consent forms:
- Form A100 for consent to placement with any prospective adopters chosen by an adoption agency;
- Form A101 for consent to placement with identified prospective adopters; and
- Form A104 for consent to adoption itself.
There are also specialised forms where a parent consents to adoption by a partner (Form A107). All of these consents must be witnessed by a Children and Family Court Advisory and Support Service (CAFCASS) officer, who must satisfy themselves that the parent understands the legal implications of consent and is giving it voluntarily.
CAFCASS involvement acts as a safeguard to confirm informed consent and to protect the interests of the child. Officers will typically explain the effect of consent and record the parent's understanding before witnessing the signature.
Consent to Placement and Consent to Adoption
There are two related but distinct types of consent:
- Consent to placement for adoption (under section 19 of the Adoption and Children Act 2002). This allows the adoption agency to place the child with approved adopters for the purpose of adoption.
- Consent to the making of an adoption order (under section 20). This permits the legal adoption itself to proceed when the adopters later apply to the court.
Parents can give consent to placement and consent to adoption at the same time, and they may also elect not to be informed of the adoption order hearing, if they so choose. Both forms of consent must be given in writing and witnessed appropriately.
Timing and Rules for Giving Consent
Consent must be given at the right time. For example:
- A mother's consent to an adoption order is ineffective if it is given less than six weeks after the child's birth. This rule prevents hasty decisions immediately after birth and ensures that the mother has had adequate time to consider her choice.
- Written consent to placement must be given before the child is placed for adoption, unless the court has made a placement order.
Parents should not sign consent forms under pressure; the law and CAFCASS procedures aim to ensure informed and voluntary decisions.
Withdrawal of Consent
Parents can withdraw consent before the corresponding court application for an adoption order is lodged. Withdrawal must be in writing and communicated in a timely manner to the adoption agency and court. Once an application for an adoption order has been filed, consent cannot normally be withdrawn, and the court will proceed to consider the application, taking into account the child's welfare needs. Withdrawal of consent to placement prior to placement may require the agency to return the child and suspend the process.
Exceptions: When the Court Can Dispense With Consent
The court may dispense with parental consent where:
- the parent cannot be found or is incapable of giving consent (for instance because of mental incapacity); or
- the welfare of the child requires that consent to placement or to the adoption order be dispensed with.
These grounds mirror the statutory tests in section 52 of the Adoption and Children Act 2002 and balance parental rights with the child's welfare, which is always the Court's paramount consideration. Even where a parent refuses consent, the court may decide that adoption is better for the child than leaving them without a permanent family.
Where the court dispenses with consent, it will normally expect evidence from social workers and CAFCASS officers explaining why the child's welfare necessitates this outcome and the considerations assessed in reaching that view.
Practical and Procedural Safeguards
Several safeguards exist around consent:
- CAFCASS involvement ensures parents are informed and understand the implications of consent.
- Formal written consents and witnessing reduce the risk of fraud or misunderstanding.
- A parent may choose to decline notification of the adoption hearing, demonstrating autonomy over involvement after consent.
- Courts always review the child's best interests before finalising adoption orders, and a lack of parental consent is not determinative if welfare considerations justify proceeding without it.
Local authorities and adoption agencies also offer support and counselling to parents considering consent and help them understand their options and rights throughout the process.
Key Takeaways
Consent from birth parents is a central legal requirement in adoption in England and Wales:
- Both parents with parental responsibility normally must consent to a child's placement and adoption order.
- Consent must be written, in prescribed forms and witnessed by a CAFCASS officer, ensuring the parent fully understands the consequences.
- Mothers' consent to adoption is ineffective if given less than six weeks after birth.
- Parents can usually withdraw consent before an adoption application is lodged.
- The court can dispense with consent where a parent cannot be found or where the child's welfare demands it.
These requirements ensure that the adoption process respects parental rights while protecting the long‑term welfare of the child at every stage.
