Full Description
This new edition provides a comprehensive guide to the law, practice, and procedure for lawyers, adoption agencies, support services and other professional bodies who are concerned with adoption. It covers each stage of the adoption process, including the difficult issue of contact between the child and their birth parents and the alternative options available by reference to the relevant case law and regulations in relation to domestic adoptions as well as adoptions with a foreign element. The book considers registration of adoption and the sensitive issue of disclosure of information. It also outlines the rights of those parties to challenge decisions made by the professional bodies involved in the process.
The second edition has been updated to include important developments, such as:
the impact of the Convention for the Protection of Human Rights and Fundamental Freedoms on all aspects of the law relating to adoption;
recent case law on notification to fathers and the child's birth families of the plan to place the child for adoption, including procedure relating to preparation before proceedings are commenced and procedure for applications in the family court and High Court;
case law in relation to placement orders, such as leave to revoke a placement order and oppose adoption and post-placement contact as set out in the most recent case of R & C (Adoption or Fostering) [2024] EWCA Civ 1302;
new coverage of post-placement contact and post-adoption contact details in the wake of recent reports and research; and
two recent lectures by the President of the Family Division on the modern approach to adoption and open adoption in particular.
Contents
Preface
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European and International Material
Table of Statutory Guidance, etc
Table of Judicial Practice Directions and Guidance
List of Abbreviations
1 Introduction
2 Who May Adopt?
People who may adopt
Adoption by a couple
Definition of 'a couple'
Marriage or civil partnership
Enduring family relationships
Age
Domicile/habitual residence
Domicile of origin
Domicile of choice
Habitual residence
Losing and acquiring habitual residence
Adoption by a step-parent
Factors to be taken into account
Alternatives to adoption
Some important factors for consideration for opting for an adoption order
Sole applicant
Conditions that must be satisfied
Parent as a sole applicant
Adoption by relatives
Restrictions on making adoption order
3 The Child
Statutory requirements
Age
Child is aged 18 or over at the final hearing
Presence in England and Wales
Home with the prospective adopter(s)
Time limits
Permission for the application to be made after a shorter period
Had his home with the applicant
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?
Placing children with parental consent
Child under six weeks old
Consent
Meaning of consent
Advance consent for the child to be adopted
Consent in relation to a child less than six weeks old
Counselling
Obtaining consent
Consequences of consent to placement for adoption
Withdrawal of consent
Consequence of withdrawal of consent - return of the child
Dispensing with consent
Prohibition on removal from placement
Removal by an adoption agency
Return/removal of a child in an emergency
Removal from consensual placement under ACA 2002, s 19
Removal after placement order
Restrictions on removal in pending proceedings
From foster parents
From partners of parents
From non-agency placement
In any other non-agency case
Breach of restrictions on removal - recovery orders
When and by whom can a breach be enforced?
Orders the court is empowered to make
Review of child's case
Procedure for application for a recovery order
Form of application
Who should be made respondents?
Procedure following issue of proceedings
Placement under a placement order
Grounds for applying for a placement order
Requirement for local authority to apply for a placement order
Material that must be considered by agency decision maker
Criteria that must be applied
Placement order application procedure
Overriding objective
Case management duties and powers
Venue gatekeeping and allocation
Transfer of proceedings to another court
Starting proceedings - placement order
The application
Request for dispensing with consent
Who should be made respondents?
Documents that must be filed with Form A50
Steps the court will take
Service
First directions hearing
Disclosure of confidential reports
Proof of the child's identity
Reports by adoption agency or local authority
Final hearing
Placement order - form of order
Duration
Consequences of a placement order
Revocation of a placement order
Who may apply for revocation of a placement order?
What constitutes change of circumstances?
When is a child said to be placed for adoption?
How does the court exercise its discretion whether or not to grant permission?
Revocation of placement order procedure
Form of application
Who should be made a respondent?
Venue
Variation of a placement order
Form of application
Who should be made a respondent?
Who should be served?
Venue
Power to grant injunction
Application for a child's name to be changed
How to make the application
Who may apply?
Who should be the respondents?
Service
Removal of a child from the United Kingdom
5 Conditions for Making an Adoption Order
Introduction
The first condition - parental consent
Who is a parent?
Father without parental responsibility
Guardian of the child
The second condition - placements and placement orders
Permission to oppose an adoption order
Dispensing with consent
The third condition - Scottish and Northern Irish permanence/freeing order
Other requirements
6 Dispensing with Parental Consent
Grounds for dispensing with consent
When will it be necessary to apply for dispensation of parental consent?
How is the application for dispensation made?
What criteria will the court apply in determining dispensing with consent?
Parent or guardian cannot be found
Lacks capacity to give consent within the meaning of the MCA 2005
Incapacity within the meaning of the MCA 2005
When is a person unable to make a decision?
How should inability to make decisions be assessed?
What are the principles that apply when considering whether a person lacks capacity?
How can an incapacitous person be assisted?
The child's welfare
Paramount consideration
Child's welfare requires consent to be dispensed with
Guidance on the approach to be adopted
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
The child's relationship with 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
Who may apply?
How should an application be made?
Who should be made a respondent to the proceedings?
Procedure for variation or revocation of contact order under ACA 2002, s 26
Who may apply?
How should an application be made?
Who should be made a respondent?
Venue
Post-adoption contact
General
Post-adoption contact where the child is placed by an adoption agency
What orders may the court make?
Who are the person(s) who may be named in the order?
Who may make an application for post-adoption order?
Factors that the court must consider on an application for permission to apply for an order under ACA 2002,
s 51A
The court's approach to an application for permission
How to make the application for permission under ACA 2002, s 51A
Post-adoption contact where the child is not placed by an adoption agency
Variation and revocation of contact order
How should the application be made?
9 Adoption Order Application - Procedure
Introduction
Starting proceedings
Who may apply?
Who may be adopted?
Form of application
Documents to be filed with Form A58
Who should be made respondents?
Steps to be taken by the court when the application is issued
First directions hearing
Requesting the court to dispense with parental consent
Reports by adoption agency/local authority
Disclosure of confidential reports
The final hearing
Permission to oppose an adoption application
Service of copies of orders
Custody of documents
Disclosing information to an adopted adult
How to make the request for information
Communication of information relating to proceedings
Meaning of 'professional legal adviser'
Meaning of 'professional acting in furtherance of the protection of children'
10 Amendment, Revocation and Setting Aside of an Adoption Order
Amendments
Revocation and setting aside an adoption order
Setting aside an adoption order
Practice and procedure
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 1993 Hague Convention
Objectives of the 1993 Hague Convention
Preconditions for adoption within the 1993 Hague Convention
Obligations of contracting states
Accredited bodies
Non-accredited bodies
Procedural requirements
The receiving state
The state of origin
Duty to protect the child
Confidentiality, disclosure and preservation of documents
Prohibition of payments
Delay
Domestic law
Duties of local authorities and adoption agencies
Types of adoptions with a foreign element
13 Convention Adoptions
Introduction
Child entering England and Wales where the United Kingdom is a receiving state
Age and residency requirement
Application
Counselling and provision of information
Assessment of eligibility and suitability
The agency's decision and notification
Procedure following decision on suitability
The role of the Central Authority
The matching process
The adoption agency's role following the 1993 Hague Convention, Art 16 report
Procedure to be followed by the Central Authority
Instances when proposed adoption may not proceed
Procedure following the 1993 Hague Convention, Art 17(c) agreement
Convention adoption not made before entry
Prospective adopter(s) unable to proceed
Breakdown of placement
Modification of status of adopted child for 1993 Hague Convention adoptions
Registration of Convention adoption
Application for Convention adoption order
How to apply for a Convention adoption order
Procedure on making of a Convention adoption order
Refusal, withdrawal or annulment of Convention Adoption
Requirements where the United Kingdom is the state of origin
Counselling and information for the child
Counselling and information for the parent, guardian and others
Permanence report and panel's recommendation
Role of the relevant UK CA
Proposed placement and referral to the adoption panel
Precondition for placement
Local authority's report
Parental Responsibility Order under ACA 2002, s 84
Conditions that must be met
How to make the application
Consequence of removal of a child from the United Kingdom without a parental responsibility order
14 Overseas Adoptions
Introduction
Registration in the United Kingdom of overseas adoption
Entry to the United Kingdom
Annulment of an overseas adoption
Grounds for the application
Procedure for application for annulment
Parties to the application
Timing of the application
Which court?
First directions hearing
Taking children out of the United Kingdom for adoption
Restrictions
Preconditions for removing a child from the United Kingdom
Procedure
Recognition under common law
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
Exceptions to suspension
What the prospective adopter(s) must do to apply for exceptional treatment
Requirements for bringing children into the United Kingdom
Application
The agency's decision and notification
Referral of case to the department
Role of the appropriate department
Fees for services provided by local authority/adoption agency
Further requirements before the child is brought into the United Kingdom
Procedure following arrival in the United Kingdom
What the prospective adopter(s) must do
What the local authority must do
Application for adoption
Application for adoption not made
Consequences of placement
Change of name
Return of the child
Consequences of failure to return the child
Effect of notice to return the child if proceedings are pending
Requirement for child to live with prospective adopters
16 Adoption Agencies
Introduction
The adoption panel
Constituting an adoption panel
Meetings/composition of adoption panel
Term of office
Resignation and termination of office
Functions of the adoption panel
Deciding whether a child should be placed for adoption
Outline
The child's case record
Counselling, etc for the child
Counselling, etc for the parent(s) or guardian and others
Notification of fathers and relatives
Steps to be taken when a child is placed for adoption on the basis that the child's father or extendedfamily are not notified
Information about the child
Information about the child's family
The permanence report
The adoption panel's decision
Documents to be sent to the panel
The role of the adoption panel
Adoption agency's decision
Summary of process for deciding whether a child is to be placed for adoption
Assessing and approving prospective adopter(s)
Counselling and information
Preparation for adoption
The prospective adopter's/adopters' case record
Police checks
Further information
Prospective adopter(s)' report
Matters to be taken into account
Prospective adopter(s)' report
Procedure where a prospective adopter is considered unsuitable to adopt
Function of the adoption panel
Determining suitability to adopt
Notification to prospective adopter(s)
Independent review of qualifying determination
Independent review panel
Processing an application for review
Procedure to be followed by the adoption agency
Appointment of the panel and conduct of review
Who may attend before the independent review panel?
Procedure of the independent review panel
Recommendation of the independent review panel
Review of approval
Termination of approval
Matching and approval of placements
The proposed placement
Assessment of needs and preparation of the adoption placement report
Referral to the adoption panel
Functions of the adoption panel in relation to a proposed placement
The adoption agency's decision
Placement and reviews
Procedure to be followed before placement
Reviews
Matters to be considered on review
Notification of review
Independent reviewing officer
Appointment of an independent reviewing officer
Qualification of the independent reviewing officer
Functions of the independent reviewing officers
Contact
The Adoption and Children Act register
Procedure for applying for directions on notification to fathers and relatives
Venue
First initial directions hearing
Case management
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
Restriction on proceeding with an application from a relative for assistance
Discretion whether or not to proceed
Consent to disclosure
Veto by the adopted person
Counselling
Sources of information
Contacting the appropriate adoption agency
The Registrar General
The court
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
Counselling, advice and information
Financial support
Services to enable discussion
Contact
Therapeutic services
Services to ensure continuance of relationship and to assist in case of disruption of relationships
Duty to provide information
To whom should information set out in ACA 2002, s 4B be provided?
What is the specified information which should be provided?
Prescribed information required to be provided under regulation
Circumstances in which information need not be provided
Adoption Support Service Adviser
Services for persons outside the area
Financial support
Circumstances in which financial support is payable
Remuneration for former foster parent
Payment of financial support
Cessation of financial support
Conditions attached to financial support
Termination and suspension of payment
Assessment for financial support
Request for assessment
Matters to be taken into consideration on assessment
Interview and report
Referrals to other agencies
The plan
Preparation of the plan
Notice of assessment
Notice of decision
Reviews
Services other than financial support
Financial support paid periodically
Recovery of expenses between local authorities
Fees
Adoption support agencies
Statutory framework
The prescribed adoption support services
Providers of services who are excepted as adoption support agencies
Fitness of the registered provider
The responsible individual
The registered manager
Training and standards of work
Statement of purpose and children's guide
Statement of purpose
The children's guide
Review
Arrangements for the protection of children
Records
Complaints
Staff
Fitness
Employing staff
Disciplinary procedure
Records of staff
Finances and accounts
Notices to the registration authority
Notice of absence
Notice of changes
Notification of conviction
Notices to the relevant authority
Fees
19 The Registers
Introduction
The Adopted Children Register
Role of the Registrar General
Disclosure to a person adopted before the ACA 2002
Disclosure to a person adopted after the ACA 2002
The registration of adoption orders
The registration of Convention and overseas adoptions
The applicant(s)
Form of application
The Adoption Contact Register
The two parts of the Adoption Contact Register
20 The Disclosure of Information
Introduction
Information to be kept by adoption agencies
General Data Protection Regulation
Transfer of information
Permitted general disclosure
Discretionary disclosure
Disclosure in pursuance of agreement
Mandatory disclosure for purposes of inquiries, etc
Disclosure to an adopted adult
Withholding of information on the ground of exceptional circumstances
Information from the court
Disclosure of protected information about adults
Who may apply for protected information about adults?
Manner in which the application should be made
Steps the agency should take and factors it must apply when making its decision
Reasons for decision taken
Independent review
Disclosure of protected information about children
Steps the agency must take on receipt of the application
Factors the agency must consider
Counselling
Provision of counselling
Disclosure of information for counselling
Confidential information
Serial number
Reports filed in the proceedings
Proceedings heard in private
Documents held by the court
Access to information held by the court
Index
