Adoption Law: A Practical Guide

Nasreen Pearce is a retired circuit judge and former district judge of the Principal Registry of the Family Division. She has written extensively on family law matters and is a contributor to and author of many publications in the field, including Emergency Remedies in the Family Courts; The Family Court Practice; and Change of Name: The Law and Practice. Richard Budworth is a barrister at 3 Dr Johnson’s Buildings. He specialises in a broad range of family law work, including financial remedies, and he is the joint author of the second edition of 'The Single Family Court: A Practitioner’s Handbook'.

Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European and International Material
List of Abbreviations

1.INTRODUCTION
2WHO MAY ADOPT?
People who may adopt
A couple
Age
Domicile/habitual residence
Adoption by a step-parent
Sole applicant
Adoption by relatives
Restrictions on making adoption order
3THE CHILD
Statutory requirements
Age
Presence in England and Wales
Home with the prospective adopter(s)
Opportunities to see the child and the prospective adopter(s) at home
4PLACEMENT FOR ADOPTION AND PLACEMENT ORDERS
Introduction
By whom and when may a child be placed for adoption?
Child under six weeks old
Consent
Prohibition on removal from placement
Restrictions on removal in pending proceedings
Breach of restrictions on removal – recovery orders
Procedure for application for a recovery order
Placement under a placement order
Material that must be considered by agency decision maker
Criteria that must be applied
Placement order application procedure
Starting proceedings – placement order
Duration
Consequences of a placement order
Revocation of a placement order
Revocation of placement order procedure
Variation of a placement order
Power to grant injunction
Application for a child’s name to be changed
Removal of a child from the United Kingdom
5CONDITIONS FOR MAKING AN ADOPTION ORDER
Introduction
First condition – parental consent
The second condition – placements and placement orders
The third condition – Scottish and Northern Irish permanence/ freeing order
Other requirements
6DISPENSING WITH PARENTAL CONSENT
Grounds for dispensing with consent
Parent or guardian cannot be found
Lacks capacity to give consent within the meaning of the MCA 2005
The child’s welfare
Procedure for dispensing with consent
7CRITERIA TO BE APPLIED – WELFARE MUST BE THE PARAMOUNT CONSIDERATION
Introduction
Criteria to be applied to welfare consideration
The child’s wishes and feelings
The child’s particular needs
The likely effect on the child throughout his life
Age, sex, background and any relevant characteristics
Harm the child has suffered or is at risk of suffering
The child’s relationship with relatives and others
Religious, racial, cultural and linguistic issues
Delay
The no order principle
Range of powers
8POST-PLACEMENT AND POST-ADOPTION CONTACT
Introduction
Contact post-placement order
Variation or revocation of contact order under ACA 2002, s 26
Adoption agency’s power to disallow contact
Procedure for making an application for contact under ACA
2002, s 26
Procedure for variation or revocation of contact order under ACA 2002, s 26
Post-adoption contact
Post-adoption contact where the child is not placed by an adoption agency
Variation and revocation of contact order
9ADOPTION ORDER APPLICATION – PROCEDURE
Introduction
Starting proceedings
Service of copies of orders
Custody of documents
Disclosing information to an adopted adult
Communication of information relating to proceedings
10AMENDMENT, REVOCATION AND SETTING ASIDE OF AN ADOPTION ORDER
Amendments
Revocation
Setting aside an adoption order
Cancellation
11CONSEQUENCES OF ADOPTION
Introduction
Meaning of Adoption under ACA 2002, Ch 4
Parental rights and duties
Status conferred by adoption
Adoptive relatives
Prohibited degree of relationship
Nationality and immigration
Change of name
State benefits
Insurance
Pension
Rules of interpretation
Property devolving with peerage
Trustees and personal representatives
Testamentary rights
12ADOPTIONS WITH A FOREIGN ELEMENT
Introduction
The UNCRC
The Hague Convention
Domestic law
Types of adoptions with a foreign element
13CONVENTION ADOPTIONS
Introduction
Child entering England and Wales where the United Kingdom is a receiving state
Modification of status of adopted child for Hague Convention adoptions
Registration of Convention adoption
Application for Convention adoption order
Refusal withdrawal or annulment of Convention adoption
Requirements where the United Kingdom is the state of origin
Parental responsibility order under ACA 2002, s 84
14OVERSEAS ADOPTIONS
Introduction
Entry to the United Kingdom
Annulment of an overseas adoption
Taking children out of the United Kingdom for adoption
Procedure
Appendix – List of the 87 designated overseas countries
15INTERCOUNTRY ADOPTIONS – OTHER THAN CONVENTION ADOPTIONS/‘OVERSEAS ADOPTIONS’
Introduction
Restrictions on bringing children into the United Kingdom
Requirements for bringing children into the United Kingdom
Procedure following arrival in the United Kingdom
Consequences of placement
16ADOPTION AGENCIES
Introduction
The adoption panel
Deciding whether a child should be placed for adoption
The adoption panel’s decision
Adoption agency’s decision
Summary of process for deciding whether a child is to be placed for adoption
Assessing and approving prospective adopter(s)
Function of the adoption panel
Independent review of qualifying determination
Review of approval
Termination of approval
Matching and approval of placements
The adoption agency’s decision
Placement and reviews
Independent reviewing officer
Contact
The Adoption and Children Act Register
17INTERMEDIARY SERVICES FOR PERSONS ADOPTED BEFORE 30 DECEMBER 2005
Introduction
Who can provide intermediary services?
Services to be provided
Procedure on receipt of the application
Counselling
Sources of information
Discretion whether or not to proceed
Disclosure
Fees
Offence
18ADOPTION SUPPORT SERVICES AND AGENCIES
Introduction
Statutory obligations on maintenance of support services
Meaning of adoption support services
Persons to whom adoption support services are provided
Duty to provide information
Adoption support service advisor
Services for persons outside the area
Financial support
Request for assessment
The plan
Reviews
Recovery of expenses between local authorities
Fees
Adoption support agencies
Statement of purpose and children’s guide
Arrangements for the protection of children
Records
Complaints
Staff
Finances and accounts
Notices to the registration authority
Notification of conviction
Notices to the relevant authority
Fees
19THE REGISTERS
Introduction
The Adopted Children Register
The registration of adoption orders
The registration of Convention and overseas adoptions
The Adoption Contact Register
20THE DISCLOSURE OF INFORMATION
Introduction
Information to be kept by adoption agencies
Permitted general disclosure
Disclosure to an adopted adult
Disclosure of protected information about adults
Disclosure of protected information about children
Counselling
Confidential information