Adoption

Adoption

Defined in S46(1) ADOPTION AND CHILDREN ACT 2002 (ACA)
1. Extinguishes parental responsibility from anyone else including birth parents and given permanently to the adopter
Disadvantages of long term foster care - doesn't offer the child stability as doesnt offer permanence. Foster care generally used for shorter periods
Average age of a child who is adopted now is between age of 3 years and 10 months.
Children also now have variety of special/complex needs. i.e. sibling groups.
CARE PROCEEDINGS
1. Care plan for adoption - where are children going to live; school... court wants to know the plan for the children.
  1. MANDATORY REQUIREMENT: Local Authority apply for a placement order under S.22(1)(c) & (d) ACA 2002
    1. If social services make this plan, cumpolsory at same time to apply for a placement order.
    2. PLACEMENT ORDER - definition in S.21(1) ACA 2002
      1. Legal effect of placement order S.25 - if court grants this order P.R shared between 3 people: 1. Agency 2. Prospective Adopters 3. Birth Parents
        Criteria to grant placement order: a) child subject to a care order or; b) court satisfied S.31(2) CA 1989 met or; c) child has no parent/guardian or;
        d) each parent has consented to the child being put up for adoption or parents consent should be dispensed under S.52 ACA 2002
        S.52(1) ACA 2002 - Dispense of consent - welfare of child requires consent to be dispensed with.
        Does child's welfare require consent to be dispensed with? S.1 ACA 2002 welfare checklist, cross reference with S.1 CA 1989.
        S.1(4)(c) & (f) ACA 2002 - court have to think about impact of placement throughout child's life.
        Re P (Placement Orders: Parental Consent) [2008]
      2. Consequences of placement order:
        Parents are not allowed to oppose the adoption application without permission of the court. They are told that it is happening but are unable before.
        Leave test - you have to have evidence of a change of circumstance since the placement order was granted.
        Cannot apply to revoke placement order if child has been placed for adoption.
AIM OF ACA 2002: Birth parents are given the opportunity to challenge before placement order for a child is made - can have full hearing.
Sequence of proceedings: 1) Care Proceedings - need to get children out. 2) Care plan for adoption. 3) Placement Order (mandatory).
1. 4) Place child with prospective adopters (parents consent/welfare of the child) - can be on placement order without prospective adopters; can be a gap
  1. 5) Adoption Order
    1. POST ADOPTION CONTACT - S.1(f)(i) ACA 2002 - now positive duty to think about childs relationship with birth family.
      1. Care Plan - specify the contact plan. Current ethos is that child should know from start they are adopted.
      2. Indirect/Letter Box contact via Social Services.
      3. Direct/face to face contact. Quite unusual. Usually appropriate for older children & siblings.
      4. Post Adoption Order: If parents want to make S.8 Contact Application need leave/permission - No longer automatically entitled. Adopters only ones PR.

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