Description
Book SynopsisAdoption Law: A Practical Guide seeks to provide a comprehensive guide to the law, practice and procedure for professionals as well as those who are concerned with or involved in the adoption process.
Trade Review'A thorough, well-sign-posted yet concise digest that should be on the shelves of any adoption professional … will become indispensable to professionals in the field.' British Journal of Social Work (Kate Cowell, Panel Adviser Contract England)
Table of ContentsTable of Cases Table of Statutes Table of Statutory Instruments Table of European and International Material List of Abbreviations 1. INTRODUCTION 2 WHO 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 3 THE 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 4 PLACEMENT 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 5 CONDITIONS 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 6 DISPENSING 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 7 CRITERIA 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 8 POST-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 9 ADOPTION 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 10 AMENDMENT, REVOCATION AND SETTING ASIDE OF AN ADOPTION ORDER Amendments Revocation Setting aside an adoption order Cancellation 11 CONSEQUENCES 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 12 ADOPTIONS WITH A FOREIGN ELEMENT Introduction The UNCRC The Hague Convention Domestic law Types of adoptions with a foreign element 13 CONVENTION 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 14 OVERSEAS 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 15 INTERCOUNTRY 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 16 ADOPTION 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 17 INTERMEDIARY 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 18 ADOPTION 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 19 THE REGISTERS Introduction The Adopted Children Register The registration of adoption orders The registration of Convention and overseas adoptions The Adoption Contact Register 20 THE 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
