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306. It should be noted that the father of illegitimate children, while liable to maintain them and entitled to apply to the court for equal parental rights and duties with the mother, does not enjoy parental powers as of right. That is thought to be in the best interests of most children concerned (and is seen as discriminatory between father and mother rather than against the children
concerned).
Other legislation on children
307. There have been several other legislative changes in recent years.
308. Section 64 of the Children Act 1975 was implemented in full in May 1984 and included provision for courts to appoint a guardian ad litem in care and related proceedings. The provision of a guardian ad litem service followed in recognition of the possibility of conflict between the interests of parents and their children, and of the need for a child's interests to be investigated and reported to the court by an independent representative. Panels of guardians ad litem have been set up by local authorities in accordance with regulations. The service is now well established and guardians ad litem are considered to assist the quality of decision-making in the proceedings in which they are represented.
Adoption
309. A new framework for adoption in England and Wales reflecting up-to-date practice was also introduced in May 1984 in the form of the Adoption Agencies Regulations 1983, together with provisions which allow courts to declare a child free for adoption before formal placement with prospective adopters. December 1985, the custodianship provisions of the Children Act 1975 were implemented, enabling persons caring for children on a long-term basis to obtain legal custody.
In
310. In January 1988, the Adoption Act 1976 came into force, implementing the remaining sections of the 1975 Children Act. Each local authority in England. and Wales is required to provide an adoption service to meet the needs of adopted children and their parents, guardians or adopting parents. An approved adoption society may also provide such a service, providing for collaboration between the statutory and voluntary sectors.
311. The Adoption (Scotland) Act 1978, which came into operation
on 1 September 1984, consolidates enactments relating to adoption in Scotland, including the provisions of part I of the Children Act 1975. Implementation of those provisions was accompanied by the Adoption Agencies (Scotland) Regulations 1984, which provide an improved framework for the practice and procedures of adoption agencies in Scotland.
312. The Adoption (Northern Ireland) Order 1987, made on 18 December 1987, makes corresponding provision for Northern Ireland. It requires each Health and Social Services Board to provide a full range of adoption services. The Order is supplemented by the Adoption Agencies (Northern Ireland) Regulations 1989 (which mirror the Scottish regulations) and by court rules to regulate adoption procedures in both the High Court and county courts in Northern Ireland. All these provisions came into operation on 1 October 1989.