Adoption And Children Act 2002

This Act replaces the Adoption Act 1976 (except provisions about the status of children already adopted) and reforms the existing legal framework for domestic and intercountry adoption in England and Wales. It aligns adoption law with the relevant provisions of the Children Act 1989 to ensure that the child’s welfare is the paramount consideration. The Government’s aim in the White Paper was to increase the adoption of looked after children.

The Act is in three parts.

Chapter 1, section 1 sets out the considerations applying to the exercise of powers.

Chapter 2 sets out the framework of adoption law for England and Wales. All local authorities are under a duty to maintain an Adoption Service.

Sections 9 to 12 of the Act sets out a regulatory structure for adoption support agencies, requiring them to register under Part 2 of the Care Standards Act 2000 and providing for regulations to be made specifying (inter alia) the persons who are fit to work for them.

Section 13 provides for information to be given by adoption agencies to the Secretary of State. Section 15 provides for inspection of premises. There is also a power given to the appropriate Minister to set up an independent review mechanism.

Chapter 3, sections 18 to 65 deals with placement for adoption and adoption orders.

Sections 66 to 76 deal with the status of adopted children.

Sections 77 to 81 set up an Adopted Children Register and Adoption Contact Register.

Chapter 6 provides for adopted people to have access to information about their adoption and sets out restrictions on bringing a child into the United Kingdom in connection with adoption. Most of the Adoption (Intercountry Aspects) Act 1999 is repealed and its provisions adopted by the 2002 Act.

Chapter 7 sets out restrictions on arranging adoptions and specifying the offences for breach of these restrictions.

Part 2 of the Act sets out a number of amendments to the Children Act 1989 for the following issues:-

•    parental responsibility of an unmarried father
•    guardianship order for certain children
•    the local authority’s power to provide accommodation for children in need
•    imposition of a duty on local authorities for the provision of advocacy services to children or young people
•    provision of regulations requiring a local authority to review the care plan of a looked after child
•    the definition of “harm” in the Children Act 1989 is amended to include any impairment of the child’s health or development as a result of witnessing the ill treatment of another person

Under sections 125 to 131 of Part 3, Chapter 1, the Secretary of State is empowered to set up an Adoption and Children Act Register to suggest matches between children and adopters.

Section 135 amends sections 113 and 115 of the Police Act 1997 in relation to criminal record certificates for foster carers and adopters.

See here: Adoption And Children Act 2002