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Adoption Law: A Practical Guide

Adoption Law: A Practical Guide

  • 作者:
  • 出版商: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854902859
  • 出版时间 March 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    The Adoption and Children Act 2002, which sets out the statutory framework, contains 115 sections and 5 schedules. These provisions are supported by secondary legislation, international conventions, rules, guidance, practice notes and case law that has developed since the Act came into force.

    Adoption Law: A Practical Guide seeks to provide a comprehensive guide to the law, practice and procedure for professionals as well as those who are concerned with or involved in the adoption process. 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. Registration of adoption and the sensitive issue of disclosure of information are also considered.

    The book deals with the statutory obligations and responsibilities imposed on adoption agencies, support services and other professional bodies who are concerned with adoption towards all the parties, including the child who is the subject of the proceedings. It also outlines the rights of those parties to challenge decisions made by the professional bodies involved in the process.

    "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.” British Journal of Social Work (Kate Cowell, Panel Adviser Contract England)

  • Table of Cases
    Table of Statutes
    Table of Statutory Instruments
    Table of European and International Material
    List of Abbreviations
    1. INTRODUCTION
    2. WHO MAY ADOPT?
    People who may adopt
    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
    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
    Setting aside an adoption order
    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 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 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
    Entry to the United Kingdom
    Annulment of an overseas adoption
    Taking children out of the United Kingdom for adoption
    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
    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)
    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
    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
    Counselling
    Sources of information
    Discretion whether or not to proceed
    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 advisor
    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

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