This chapter explains the law of adoption. When an adoption order is made by a court in England and Wales, the legal connection between a child and her birth family is completely and permanently ended and she is transferred in to a new family. Changes in society during the second half of the twentieth century created a new model of adoption, reflected in the legislative framework of the Adoption and Children Act 2002. However, there are ongoing complex questions about what the purpose of adoption should be. The idea that a court order can overcome biological and social relationships can seem artificial, imposing a fictitious narrative that might be difficult to sustain throughout a lifetime. The chapter also discusses special guardianship in the context of alternatives to adoption.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with the public law relating to children, contained in Parts III, IV, and V of the Children Act 1989, and the law relating to adoption, under the Adoption and Children Act 2002. The questions contained in this chapter are a mixture of essay and problem questions that focus on: emergency protection for children, i.e. police protection, emergency protection orders, and local authority enquires; care, supervision, and education supervision orders; the difference between adoption and special guardianship orders and finally, the requirements and procedures for adoption.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with the public law relating to children, contained in Parts III, IV, and V of the Children Act 1989, and the law relating to adoption, under the Adoption and Children Act 2002. The questions contained in this chapter are a mixture of essay and problem questions that focus on: emergency protection for children, i.e. police protection, emergency protection orders, and local authority enquires; care, supervision, and education supervision orders; the difference between adoption and special guardianship orders and finally, the requirements and procedures for adoption.
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N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter discusses the law on adoption. It covers the nature of adoption and background to the legislation; comparison of adoption with other legal relationships and orders; adoption and human rights; the changing pattern of adoption; responsibility for placing children for adoption; general principles when reaching decisions about adoption; adoption service under the Adoption and Children Act 2002; placement for adoption; the procedure for the making of adoption orders; contact considerations; registration of adoption and the adoption contact register; the effects of an adoption order; transfer of parentage. It then examines the international aspects of adoption and, in that context, the 1993 Hague Convention on Intercountry Adoption. The chapter ends with a discussion of special guardianship.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on adoption as a means to terminate the legal relationship between a child and their birth parents. It considers the human rights aspects of adoption and different types of adoption and discusses adoption proceedings in England and Wales under the Adoption and Children Act 2002. The chapter then explains the role of local authorities and adoption agencies under section 2 of the Adoption and Children Act 2002, and placement for adoption, parental responsibility, and parental consent. It also highlights the welfare of children as considered by an adoption agency or a court when making a decision affecting the child. Finally, the chapter examines alternative orders: child arrangements order, parental responsibility, special guardianship order, and no order. This edition now includes reference to the Special Guardianship (Amendment) Regulations 2016.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the place of adoption within the government’s child protection policy, the legal framework for adoption under the Adoption and Children Act 2002 (ACA 2002), the core principles underpinning the ACA 2002, the adoption process, and the ongoing reform agenda. It considers the application of the welfare principle to three contentious issues: (i) the importance of the birth family in an adoption dispute; (ii) trans-racial adoption; and (iii) step-parent adoptions and adoptions by a sole natural parent. The chapter also examines the issue of ‘open adoption’, focusing on adopted children’s right to information about their birth families and provision for post-adoption contact, and, finally, considers the main alternative to adoption: special guardianship.
