Overview

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.

Full Product Details

Author:   Nasreen Pearce
Publisher:   Wildy, Simmonds and Hill Publishing
Imprint:   Wildy, Simmonds and Hill Publishing
Edition:   2nd Revised edition
Weight:   0.705kg
ISBN:  

9780854903085

ISBN 10:   0854903089
Pages:   400
Publication Date:   12 May 2025
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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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 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 extended family 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

Reviews

'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.' From review of first edition in British Journal of Social Work (Kate Cowell, Panel Adviser Contract England)

Author Information

Nasreen Pearce is a retired circuit judge and former district judge of the Principal Registry of the High Court. She has written extensively on family law matters.

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