Adoption in United Kingdom

Definition of Adoption

In accordance with the work A Dictionary of Law, this is a description of Adoption :

1. The process by which a parent’s legal rights and duties in respect of an unmarried minor are transferred to another person or persons. Adoption can only take place by means of an adoption order made by a magistrates’ court (in the family proceedings court), county court, or the High Court (in the Children Branch of the Family Division). Adoption differs from fostering in that it affects all the parents’ rights and duties and it is a permanent change. After adoption the natural parents are (except for the rules relating to *affinity and *incest) no longer considered in law to be the parents of the child, who is henceforth regarded as the legal child of the adoptive parents (See also adoptive relationship). However, the court may make a contact order (See section 8 orders) at the time the adoption order is made. Contact after adoption is becoming a contentious issue and recently the court has allowed a natural parent to seek permission to apply for a contact order in respect of an adopted child.

The first (but not the only) consideration in deciding whether or not a child should be adopted is whether the adoption would safeguard and promote the welfare of the child. The court must, if possible, try to ascertain the child’s wishes and in addition take account of all the circumstances. This may involve consulting expert opinion (e.g. of psychiatrists or social workers). The court may also appoint a *children’s guardian to act in the child’s interests. There are many provisions in the Adoption Act 1976 as amended by the Children Act 1989 designed to make sure that an adoption would be in the child’s best interests. Every local authority must set up an *adoption service, and *adoption societies are carefully controlled; in addition, the government is anxious to increase the adoption of children who are currently in the care of the local authority. There are rules as to who may adopt and who may be adopted and provisions for a probationary period, during which the child lives with the would-be adopter(s) and the court assesses whether he gets on well with them. One of the ways in which a commissioning couple may attain the legal status of parents in relation to a child born to a surrogate mother is by adopting the child; however, this is becoming less common now that the couple can apply for a *section 30 order (parental order) under the Human Embryology and Fertilization Act 1990.

See surrogacy; human assisted reproduction

Normally a child cannot be adopted without the consent of each of its parents or guardians, but in some cases the court may make an adoption order without the parents’ consent (e.g. if they cannot be found or have ill-treated the child). If the court thinks that the parents are refusing unreasonably to agree to an adoption that would be in the child’s best interests, it may make an adoption order against the parents’ wishes. A parent may consent either to a specific adoption or to an order *freeing for adoption by whomever the court eventually decides is best suited to adopt the child. Since the Children Act 1989 the courts now have the option of making a section 8 order either instead of an adoption order, so that parental responsibility may be shared (e.g. a residence order), or in addition to it (e.g. a contact order). Adoption law is currently under review and there are recommendations to make it a duty of the court, when considering whether to make an adoption order, to consider alternative orders available under the Children Act, and to bring adoption law in line with the principles of the Act by making the child’s welfare of paramount importance in adoption proceedings. In addition, a court will be able to dispense with parental consent if the welfare of the child demands this.

The Registrar General must keep a register containing details of all adoption orders, which any member of the public may consult. An adopted child over the age of 18 has a right to see a copy of his original birth certificate in order to find out who his natural parents are. Although natural parents can register their interest in contacting their children who have been adopted, they have no corresponding right to trace these adopted children

2. Reliance by a court on a rule of international law that has not been expressly made part of the law of the land but is not inconsistent with it.

3. The decision of a local authority or similar body to bring into force in their areas an Act of Parliament conferring powers on them at their optio