Appendix 2
SOME IMPORTANT POINTS OF BRITISH ADOPTION LAW
The law of adoption of children in England and Wales is contained mainly in the Adoption Act 1976 and the Children Act 1975, and in Scotland in the Adoption (Scotland) Act 1978, and in Northern Ireland in the Adoption Act (Northern Ireland) 1967.
PARENTAL AGREEMENT TO ADOPTION
A court cannot make an adoption order in the United Kingdom unless it is sure that the child's parents have agreed to the adoption or there are grounds for dispensing with parental agreement. These grounds are very strict to stop a child being adopted against the wishes of its natural parents unless for example, the parents have abandoned or seriously ill-treated the child. Where the child is from overseas, it is very important that adopters obtain legally acceptable evidence that the child is available for adoption.
MAKING ARRANGEMENTS FOR ADOPTION
It is unlawful for anyone other than an adoption agency to make any arrangements in the United Kingdom for a child's adoption unless the prospective adopter is a relative of the child. If you are in doubt about whether an organisation with which you are in contact here is an adoption agency, you may check with the Department of Health and Social Security, Child Care Division, Room B1404, Alexander Fleming House, Elephant and Castle, London SE1 6BY, or the Social Work Services Group, Room 415, 43 Jeffrey Street, Edinburgh EH1 3DN, or the Department of Health and Social Services, Child Care Branch, Room 5084, Dundonald House, Belfast BT4 3SF.
PLACEMENT OF CHILDREN FOR ADOPTION
It is an offence for someone other than an adoption agency to place a child for adoption with a person who is not a relative of the child and also for that person to receive a child placed in this way. As this applies only to placement inside the United Kingdom prospective adopters of overseas children will not be affected provided they accompany the child into this country.
NOTIFICATION OF INTENTION TO ADOPT
Adopters must give notice in writing to the social services department (in Scotland, the Social Work Department) of their local authority* of their intention to adopt a child unless the adoption is being arranged by an approved adoption society. This should be done when the child is in their actual custody, and adoption proceedings cannot commence until the social services department has been notified, even if they know about your plans from previous contact. The child must have lived with the applicants throughout the 12 months before the making of the adoption order (unless the child is related to the prospective adopters in which case this period is reduced to 13 weeks). In addition, in a case where an adoption agency has not been making the arrangements for the adoption an adoption order cannot be made unless the local authority has been notified at least 3 months before the adoption order is due to be made.
PAYMENTS
It is illegal to give or receive payments or reward for the making of any arrangements for adoption. The penalty for breaking the law is imprisonment or a fine or both. A court cannot make an adoption order where a prohibited payment has been made. This does not apply to any payment made to an adoption agency for expenses reasonably incurred.
Adoption is always a very serious matter for all those concerned. There are many special difficulties surrounding the adoption of children from abroad and their subsequent upbringing in this country in their new families. Useful information may be obtained from:
In Northern Ireland their Health and Social Services Board
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