Child LAW 1 PDF

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Lecture notes on child law...

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CHILD LAW 1 1. The legal effects and the evolving regulation of adoption Early adoption : secrecy and non-regulation 

Adoption of Children Act 1926 - adoption first formally introduced

There are no provisions regulating who could arrange adoptions

Progressive regulation of this area

eg Adoption of Children (Regulation) Act 1939 There are offenses in place for bodies other than adoption agencies to make arrangements

The modern notion of adoption Re P [2008] UKHL 38:  

adoption severs the legal relationship between child and birth family; irrevocably creates a new legal relationship with the adoptive parents and their family

Effects of adoption order:  Extinguishes the parental responsibility of the birth parents/ any other person  Extinguishes the parental status of the birth parents  Extinguishes the legal bonds with the wider birth family  Complete* legal transfer of the child to the adoptive family

Current legislation: Adoption and Children Act 2002 Replaces Adoption Act 1976  Principles: o

Best for children to be brought up where possible by the birth family

o

Children’s wishes and feelings to be taken into account

o

Children’s ethnic origin, cultural background, religion and language to be promoted

s 1 (5) ACA 2002: “In placing the child for adoption, the adoption agency must give due consideration to the child’s religious persuasion, racial origin and cultural and linguistic background.” – repealed in England by s. 3 Children and Families Act 2014

Main changes (provisions in force since 30 December 2005): ■ Child’s welfare – ‘paramount ‘(rather than ‘first’) consideration ■ Extended eligibity to adopt: 

single persons



civil partners



unmarried couples (opposite or same-sex)

■ Established an Adoption and Children Act Register: suggests matches prospective adopters/ children waiting to be adopted ■ Established an Independent Reviewing Mechanism for prospective adopters who have been turned down

Amends Children Act 1989- FROM PARENTAL RESP LECTURE 

New provisions for step-parents to acquire parental responsibility

s. 4A (1) CA 1989 -

By agreement with all other parents with parental responsibility

-

By court order

Introduced the option of special guardianship s. 14 A-G Children Act 1989: special guardianship orders Alternative to adoption: ■ Less than adoption, more than a s 8 (‘residence’) order ■ Birth parents remain the legal parents

2. Adoption agencies and courts: guiding principles Adoption agencies 

Adoption agency maintained by the local authority or registered adoption society

Responsibilities:  select potential adopters  match adopters and children  place children for adoption

‘Public authorities’ for the purposes of the HRA 1998 Must ensure: - Adoption in the best interests of the child - No breach of art. 8 ECHR [right to respect for family life] of the child/ natural parents: mutual enjoyment by parent and child of each other’s company

ECHR principles Johansen v Norway (1997) 23 EHRR 33 

Child in care placed in a foster home with a view to adoption; mother denied contact



Far-reaching measures inconsistent with the aim of reuniting mother and child



Admissible only under exceptional circumstances -best interests of the child

Söderback v Sweden [1999] 1 FLR 250 Child adopted by the mother and her husband without biological father’s consent 

Close bond with the step-father, little contact with the birth father no violation

Principles applied by courts and adoption agencies 

Welfare principle

s. 1(2) ACA 2002 The paramount consideration must be the child’s welfare, throughout his life N.B; Before ACA 2002: ‘first’ not ‘paramount’

•

Welfare checklist

s.1 (4) ACA 2002- Courts and adoption agencies must have regard to [a list of factors]   

Child’s ascertainable wishes and feelings regarding the decision Child’s needs Effect on child of ceasing to be a member of the original family and become an adopted person  Child’s characteristics  Any harm the child has suffered/ is at risk of suffering  Child’s relationship with relatives (i) likelihood of any such relationship continuing, value for child (ii) ability and willingness of any relative to provide the child with a secure environment (iii) wishes and feelings of child’s relatives...