Fostering a child is a profound act of public service and private compassion. For prospective foster carers and professionals working in child protection, understanding the legal landscape that governs fostering is essential. In the European Union, the rules that shape fostering are a patchwork: there is no single EU-wide foster care law.
Instead, fostering is primarily regulated at national level, while EU institutions concentrate on cross-border issues — notably the recognition of parental responsibility and the movement of children between Member States.
In this article, we will explore how those national rules typically operate, what the EU does and does not cover, and what practical implications this division of competences has for carers, families and children.
National Laws Are Central
Each EU Member State sets its own legal framework for foster care. These national laws determine the core elements of the fostering system, including, who may become a foster carer, what checks and training they must undergo, the standards of care expected, and the mechanisms for oversight and review.
Because each country develops its own rules, there is significant variation across the Union in both detail and practice. For example, Orchard Fostering in Dublin would have to comply with different laws compared to another EU member state such as Germany.
Common features found in many national laws include:
• Vetting of prospective foster carers. All Member States require background checks before a person may be approved to foster. This typically includes criminal-record checks and assessments of the applicant’s suitability to provide safe, supportive care.
• Training requirements. Training is required in most jurisdictions, but the content, intensity and duration differ. Some states mandate initial preparation courses and ongoing professional development; others offer more flexible or discretionary training. Often, different rules apply where the proposed carer is a relative of the child.
• Limits on the number of children. About half of the Member States impose legal or regulatory limits on the number of children a single foster family may care for at any one time. These maximums vary widely — from as few as two children to as many as eight in some circumstances — reflecting differences in policy priorities and available support services.
• Local authority oversight. Day-to-day casework, regular visits to the foster placement, and practical support are normally the responsibility of local or regional child-welfare agencies. National law sets the framework for what oversight is required and the powers that agencies have.
For example, Ireland regulates fostering through the Child Care Act 1991 and the Child Care (Placement of Children in Foster Care) Regulations 1995, complemented by the National Standards for Foster Care (2003). This framework places a strong emphasis on ensuring placements are well supported and that children receive consistent, high-quality care.
In France, by contrast, the system is more judicially driven. Placements are arranged by local social services but often require court orders or administrative decisions. Foster parents must meet strict eligibility rules — including being over 28, providing adequate housing, passing background checks, and, if lacking experience, completing a compulsory 60-hour training course. Oversight comes from both the child-welfare services (Aide Sociale à l’Enfance) and judicial bodies (Protection Judiciaire de la Jeunesse), with judges actively involved in placement decisions.
Germany, on the other hand, offers yet another model, governed by the Child and Youth Welfare Act (SGB VIII). Here, local Youth Welfare Offices (Jugendamt) take the lead, with a clear distinction between placements made with parental consent — where parents retain custody but the state oversees care — and those without consent, which occur when a child’s wellbeing is at risk. Prospective carers are expected to attend fostering schools, undergo detailed assessments, and receive structured ongoing support.
Taken together, these examples illustrate how national systems balance the core principles of child welfare in different ways. Ireland foregrounds standards and quality assurance, France emphasises eligibility and judicial oversight, while Germany focuses on parental rights balanced with state intervention.
Ultimately, this variety in national policies, rules, and approaches is intentional: child welfare systems reflect local social policy, cultural expectations and administrative capacity. The upshot for anyone involved in fostering, however, is that you must consult the law and the statutory guidance that apply in your particular Member State.
What The EU regulates (And What It Does Not)
At EU level, the emphasis is not on standardising foster-care practice across Member States but on managing cross-border issues via laws such as The Brussels IIa Regulation. That being said, two of the most important strands of EU policy in this area are:
• Recognition of parental responsibility – When parental rights or responsibilities are determined in one Member State, rules exist for that decision to be recognised and given effect in other Member States. This legal recognition is vitally important for stability in cross-border family situations: for example, where a child moves from one country to another, or when court decisions about guardianship or custody must be enforced abroad.
• Protecting children in international family disputes – Instruments such as the Brussels IIa (recast) Regulation address jurisdiction and enforcement in cases of parental responsibility and child abduction within the EU. These provisions help prevent and remedy cross-border abduction and secure swift judicial cooperation when families are split across borders.
Crucially, EU regulations of this kind do not prescribe the domestic procedures by which a national authority recruits, approves or supervises foster carers.
In other words, the EU facilitates legal continuity and judicial cooperation across borders but leaves the day-to-day functioning of foster systems to national governments.
Cross-Border Fostering (And The Complexities Involved)
If a foster placement involves movement between Member States — for example, because a family relocates, or a child is placed temporarily with relatives who live in another country — the legal picture can become complicated. Questions that often arise include:
• Which country has jurisdiction over the child’s case?
• Will the foster arrangement be recognised legally after crossing a border?
• How are social-care responsibilities allocated between authorities in two different states?
EU instruments help by clarifying jurisdictional rules and ensuring that court orders (for example concerning guardianship or contact arrangements) can be recognised.
But because fostering procedures themselves remain a national competence, the practicalities of placing and supporting a child across borders will often rely on cooperation between local child-welfare agencies, bilateral agreements, and case-by-case negotiation.
Implications For Prospective Foster Carers
For people thinking about fostering in the EU, the decentralised legal model means three practical takeaways:
1. Start locally – Contact your national or regional fostering agency to learn the exact legal requirements where you live. That agency will explain vetting, training, financial support and the service commitments expected of foster carers.
2. Expect variability – If you move from one Member State to another, or are considering fostering for a child from abroad, do not assume rules or entitlements will be identical. Allow time to navigate additional checks, paperwork and possible differences in support.
3. Seek legal and agency advice for cross-border cases – Where placements cross national borders, ask for specialist legal guidance and insist on clear cooperation between the sending and receiving authorities. EU-level rules can assist, but they do not replace practical inter-agency arrangements.
Safeguards And Quality Of Care
Despite legal differences, there is a shared goal across the EU. The best interests of the child. National systems commonly embed safeguards (criminal background checks, ongoing supervision, and mandated reviews) to protect children and promote their welfare.
Where possible, agencies also seek to match children with carers like Irish HomCare Dublin who can meet their specific needs and to provide foster families with training and professional support.
Fostering within the European Union sits at the intersection of diverse national laws and a framework of EU rules designed to manage cross-border legal continuity.
There is no single EU foster-care law; instead, Member States set standards for vetting, training and capacity, while EU measures ensure recognition of parental responsibility and assist with cross-border child protection matters.
For prospective foster carers, the practical lesson is straightforward: engage with your local authority, learn the rules that govern fostering in your country, and obtain specialist advice when a placement may extend beyond national borders. Doing so helps ensure that the child’s interests remain central wherever they are placed.
