Adoption – The Age Debate

The most common question I am asked from couples considering adoption is regarding age limits on applicants. The only stipulation regarding age in the child act, is that applicants have to be over the age of 18 years:

Section 231 provides that a prospective adoptive parent must be of majority age (18 years old). They must also be assessed by an adoption social worker to establish if they are capable of exercising and maintaining parental responsibilities and rights in respect of the child.

A person may not be disqualified from adopting a child because of his or her financial status. However, it is important that prospective adoptive parents are able to provide for the adopted child. In this regard, any person who adopts a child can apply for means-tested social assistance such as the Child Support Grant where applicable.

The Children’s Act provides a list of persons eligible to adopt a child:

• A married couple can jointly adopt a child;

• Partners in a life-partnership (including same-sex partners) can jointly adopt a child;

• A person who has married or is the permanent life-partner of the natural parent of a child, can adopt  the child (adoption of a step-child);

• A single person (a widow or widower or an unmarried or divorced person) can adopt a child;

  • A foster parent of a child can adopt him or her;

  • And the biological father of a child born out of wedlock can adopt his child. 

However, each adoption agency/social worker, will have their own set of parameters regarding the age of applicants. Generally the age limit applied by agencies is between 45 – 50 and other considerations would include that there not be an age gap greater than 15 years between partners.

However, it is important to note that each case would be measured on it’s own merit with regards to the age limits stipulated by each agency and that other considerations would include the health of the applicants over the age limit, availability of babies, expectations of the applicants and support structures that the applicants had in place for the adopted child.

With this in mind, I would encourage those who are considering adoption and who do not meet the age limit requirement, to request that their agency/social worker, look at their case as a whole and not just focus on the age of the applicant.

I hope that offers some clarity on the age debate.