Adoption Law: A Practical Guide 2nd ed

Family Law › Others

Adoption Law: A Practical Guide 2nd ed

By Nasreen Pearce
Wildy, Simmonds and Hill Publishing June 2025

Specifications

ISBN-13
9780854903085
Publisher
Wildy, Simmonds and Hill Publishing
Publication
June 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

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 Freedom 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 new coverage of post placement contact and post-adoption contact details in the wake of recent reports and research; and most recent case of R & C (Adoption or Fostering) [2024] EWCA Civ 1302
        • two recent lectures by the President of the Family Division on the modern approach to adoption and open adoption in particular

Table of 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
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
The 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 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
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 1993 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
Registration in the United Kindom of overseas adoption
Entry to the United Kingdom
Annulment of an overseas adoption
Taking children out of the United Kingdom for adoption
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)
Prospective adopter(s)’ report
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
Procedure for applying for directions on notification to fathers and relatives
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
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 Adviser
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
Index
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