Fostering to Adopt: The “Fost-Adopt” Process Explained

Families who foster to adopt become licensed foster parents in the hope that they will eventually adopt their foster child. While adoption is the likely outcome, it is not guaranteed.

The Fundamental Concept: Legal-Risk Placement 

In a legal-risk placement, a child enters foster care when reunification with their biological family seems unlikely, but before their birth parents’ rights have been terminated. 

The Goal: Reunification is StillGoal #1 

Reunification is always the goal of foster care. This can be emotionally difficult if you have bonded with your foster child and hope to adopt them. 

During placement, you may have been told that the court expects parental rights to be terminated. However, you are still required to support reunification efforts in every way possible, unless the parent’s status changes. You must cooperate with the reunification plan whenever you are needed.

What “At-Risk” or “Legal-Risk” Means 

Terms like “at-risk” and “legal-risk” mean that your foster child is “at risk” of leaving your care and returning to their biological family. In a legal-risk adoption, no agency, court, or social worker can definitively say that a biological parent’s rights will be terminated. Because the adoption is not guaranteed, you are “at risk” of losing the child you’ve grown attached to. 

The “Fost-Adopt” Process: How It Works 

While the foster-to-adopt process can vary among states and jurisdictions, most follow a common path. 

Step 1: Get Dual-Approved 

In most states, the first step in adopting from foster care is earning dual approval. Dually-approved parents are licensed to adopt as well as foster, although they are not required to foster before they adopt. This process usually involves completing an application with an agency, undergoing a period of training, and participating in a home study.

Step 2: The Placement 

If your adoption agency or social worker is aware that you want to fost-adopt, they will make an at-risk placement. The child you foster is likely, but not guaranteed, to become available for adoption when their biological parents’ rights are terminated. However, there is always the possibility that reunification efforts may succeed, and they may return to their biological family. 

Step 3: Living in Limbo 

The most difficult aspect of fostering to adopt is growing to love a child who may eventually leave your home and return to their biological parents. No matter how much you care for your foster child, you must still support any efforts their biological family makes towards reunification, including taking them to visits and court hearings. Until parental rights are terminated, they can always potentially be reunited with their biological parents.

Step 4: The Court’s Decision (TPR) 

The legal risk adoption timeline varies by situation, with many kids spending months or even years in foster care before they are either adopted or reunified with their families. Most states try to have foster children in a permanent home within 12 months. However, it can sometimes take the court several years to make a final decision on whether they terminate parental rights (TPR) or place the child with their biological family.

The Reward vs. The Risk 

Once you understand how to foster to adopt, it's important to consider the rewards of legal risk placements vs. the risks.

The Reward: Permanence and Stability 

If the court chooses TPR, they are also likely to choose you as your foster child's adoptive parent. This scenario offers the child the most stability with less trauma, ensuring that they won't have to undergo further upheaval. You already have a rapport with the child and already understand their personality and their unique needs.

The Risk: Heartbreak and Grief 

Courts prioritize reunification above all, and there's always a very real chance that you'll have to say goodbye to a child you've grown to love. If TPR does not occur, the child will return to their biological family, who may or may not allow you to maintain contact with them. 

Is Fostering to Adopt Different from Adopting a "Waiting Child"? 

Fostering to adopt is a much different process from adopting a "waiting child." Many states and adoption agencies maintain websites where you can explore profiles of children who are waiting to be adopted. These kids are already available for adoption because their biological parents' rights have been terminated. You can apply to adopt a waiting child directly, without fostering them first.

In contrast, children in at-risk placements are not yet legally available for adoption. TPR has not occurred, and the court is still working towards reunification with their families, even if that goal may seem unlikely. 

Is This Path Right for You? 

The fost-adopt option isn't for everyone. However, if you can handle uncertainty, commit to a reunification goal for a child you love, and prepare yourself for any outcome, it might be the right path for you.