Introduction to adoption and who can be adopted

Question 1

Guiding principle of adoption

Answer 1

S 1 ACA, The non-delay principle in s 1(3). No order s 1(6) and must ask whether adoption is the best options, are there less radical CA orders that would work in the circumstances? Welfare checklist in s 1(4) which is more extensive and been tailored to adoption

Question 2

Section which gives PR to the adopters and extinguishes PR of the parent

Answer 2

S 46(1) and (2)

Question 3

Which s extinguishes legal parent hood

Answer 3

S 67 ACA

Question 4

Case which indicates that a former parent will now require leave to apply for a s 8 order

Answer 4

• Re C (A Minor)(Adopted Child: Contact): S 10(4) Children Act 1989 does not apply to a former parent. Someone whose child has been adopted requires leave to apply for a s 8 order. No longer count as a parent for purposes s 10(4)

Question 5

Case states brings an end to Art 8 ECHR

Answer 5

Seddon v Oldham Metropolitan Borough Council (Adoption: Human Rights): The making of an adoption order brings ECHR Art 8 rights to family life between an adopted child and its birth parents to an end.

Question 6

Are order revocable?

Answer 6

• If an adoption order is not successfully appealed within the appeal period, it will normally be irrevocable. Adoption orders can be set aside under the inherent jurisdiction but this will only be done in very exceptional circumstances.

Question 7

Case which doubted whether adoption orders should be revoked

Answer 7

• Webster v Norfolk County Council: Two-year-old boy appeared to have suffered non-accidental fractures. He and his two siblings were taken into care and adopted. It was subsequently discovered that he probably had scurvy, which would have made him very vulnerable to accidental fractures. The CA refused to set aside the adoption orders, firstly, on public policy grounds, as fewer prospective adopters would come forward if their status as adoptive parents were not completely secure, and, secondly, it would not be in the children’s best interests as they had been with their adoptive families for four years and were settled.

Question 8

Who can adopted

Answer 8

S 47(9) under 19, S 49(4) application before 188th birthday and cannott have been married or CP S 47(8)

Question 9

Who can adopt

Answer 9

S 49 ACA: an application can be made by a couple or one person (if made under s 50 or s 51 ACA)

Question 10

Adoption by a couple

Answer 10

S 50(1) both over 21 and in a enduring relationship S 144

Question 11

Which case holds that a separated couple may adopt together

Answer 11

Re C (HC): - The court granted the joint application as: the girl now regarded both of the spouses as her parents; they had continued to co-parent successfully post-separation; and it would be better for the girl’s position within the family if she had the same legal relationship with both husband and wife and if all three children had the same legal relationship with the parents. Therefore, while uncommon, it is possible for a separated couple to adopt together.

Question 12

Case which means don’t have to live together for an enduring family relationship

Answer 12

T and M v OCC and C (CA): - That is not surprising as historically many a parent has had to work abroad whilst the family remained at home without in anyway imperilling an enduring family relationship. Nor is that unusual today with people having to move jobs often at short notice. What is required is: first, an unambiguous intention to create and maintain family life, and secondly, a factual matrix consistent with that intention.

Question 13

Decision not to marry

Answer 13

Re P (HL): The stability of the relationship is an important factor in assessing suitability, and being married indicates an intention to stay together for life and creates legal obligations and rights. If the relationship does break down, the parent who is the primary carer of the child will be much less financially secure if the parents are unmarried. The only rational reason to reject the legal consequences of marriage is the desire to avoid the legal responsibilities to one another which it imposes on both husband and wife.

Question 14

Can same sex couples adopt

Answer 14

Yes

Question 15

Section to allow adoption alone

Answer 15

S 51

Question 16

Which section allows a step parent to adopt

Answer 16

S 51(2): As a result of s 46(3)(b), this will not have the effect of ending the parental status of the biological parent. However, partners ca still choose to adopt together under s 50(2) ACA.

Question 17

S 51(3)

Answer 17

S 51(3): allows to adopt alone when married, but (a) spouse cannot be found; (b) separated and living apart; (c) by reason of ill-health, whether physical or mental, incapable of making an application

Question 18

Adoption by one parent

Answer 18

• S 51(4) ACA contemplates a natural parent adopting her own child on her own. Used to be a mean of legitimating her child. Not common now as less disadvantages of a child being illegitimate. But may be used to cut an undesirable parent out of the picture. But the court will have to justify this.

Question 19

Case where a parent adopted alone

Answer 19

• Re B (Adoption: Natural parent): Unmarried father allowed to adopt his baby daughter on his own. Mother had shown no interest in the child since birth and had put her up for adoption. On learning that the father wished to care for the baby she entered into a PRA with him but did not object to an adoption. The father was afraid that the mother might change her mind in the future and wanted the extra security of an adoption order. The HL thought that these were reasons that justified cutting the mother out of the child’s life.