Adoption and Children Act 2002 (UK)

Product Information

More InformationOne of the most important aspects of the new Act was to give prospective adoptive parents more information. The child’s permanence report is now more detailed and gives you as the possible new parent of the child more information to decide if the child is a good match with you and your family. The Act also allows for the introduction of special guardianship, a legal status that allows for a child to be cared for by a person with rights similar to a traditional legal guardian, but without a requirement for absolute legal separation from the child's birth parents. [2] [3] Special guardianship provisions were passed into law by statutory instrument in 2005 and came into force in 2006. [4] g) Others not fitting into the above category (e.g. a partner of the child's parent) - the child must have had his/her home with them for at least three years preceding the application. The authorities in the country where the child is to be brought must ensure that the prospective adopters are eligible and suitable to adopt, that they have consented and that the child is authorised to enter and live permanently in that country.

The birthmother or father still retain the right to decide whether their child can be formally adopted. My son and myself have both been assessed by the social services to have Lola /Brandon but have failed and the other grandparents have too. Having failed for both we decided to try for just Lola so again we're reassessed but failed for a second time. My son then asked for an independent social worker but was told from the beginning that he would fail that too, which again he has. To put adoption law in line with the existing provisions of the Children Act 1989 to ensure the child's welfare is the paramount consideration in all decisions relating to adoption.For children that are in care, adoption can sometimes not be appropriate for them. Often, the children in this situation want a stable family life, but they want to maintain a link with their birth parents that an adoption would remove under the current judicial law. There is also a religious component to consider. In some ethnic communities the religion of the group prevents an adoptive parent from calling the child their own. To recognise inter-country adoptions in the countries who have signed the Convention (see www.hcch.net for a full list of those countries). If the adoption is through an adoption agency, the adoption application cannot be lodged until the child has been with the applicants for at least 10 weeks.

However, these provisions will only apply to adoptions that take place after the Act was implemented.The Adoption and Children Act 2002 received Royal Assent and therefore became law on 7th November 2002. However, the Act finally came into full effect on 30th December 2005. If a prospective adopter does not meet the residence requirement that applies to their situation, they can still apply to court, but they must first obtain the court’s permission. Section 42(5) Adoption and Children Act 2002. Notice of intention to apply