Index
| Author | Nasreen Pearce/Richard Budworth |
| Pages | 271-290 |
Index
References are to page numbers
Adopted Children Register
adoption orders, registration of 251–2 contents 248
Convention and overseas adoption orders, registration of
application
applicant 252
documents to accompany 252–3 form of 252–3
grant of 253
circumstances warranting 252 duty to register 253 generally 144, 154, 252 disclosure of information on person adopted after ACA 2002
251
person adopted before ACA 2002
250–1
procedures 249–50 restrictions 247, 248
duty to maintain 247, 248
entries on
application for disclosure 247 birth certificate of adopted person
247, 250
case law as to right to see 247–8 certified copies of, obtaining 247,
248
generally 247
refusal to disclose 247–8 index to
duty to keep 247
search of 247, 248 legislation 247, 248 location 247
overseas adoption orders see
Convention and overseas adoption orders, registration of above public inspection, etc, closed to 247,
248
Registrar General’s role 248–50 regulations 248
search and inspection, regulations as to
248 Adoption
Adoption and Children Act 1926 1 alternatives to, consideration of 2 applicant see Applicant
Children Act Register see Children Act
Register
consequences see effect below Convention see Convention adoption developments from 1958–2005 1 domicile see Domicile
effect
adoptive relationships, creation of
121
change of name 121
citizenship, on 121
disposition of property, and 122–3 generally 119
insurance payment on death of child
122
maintenance payments, on duty to make 120
nationality, on 121
orders, on 120
parental rights and duties, on 119–20 peerage, property devolving with
123
272 Adoption Law: A Practical Guide
Adoption (continued)
effect (continued)
pension rights, on 122
personal representatives, on 123 prohibited degrees of relationship, and 121
rules of interpretation 122–3
state benefits, right to 121–2 status of child, on 120, 144 testamentary rights, on 123 trustees, on 123
foreign element, with
best interests of child as determining factor 126
Convention adoption see Convention adoption
foreign adoption: meaning 125 generally 125
Hague Convention see Hague
Convention
international instruments 125–6 overseas adoption: meaning 125 types of adoption 133–4 UNCRC see UNCRC
generally 1–3
habitual residence see Habitual residence
Hague Convention see Hague
Convention
Houghton Report 1972 1 information about (pre-30 December
2005) see Intermediary services legislation generally 1–3
meaning 119
minimum standards 175
natural parent of child, by 120 pre-30 December 2005, intermediary services for see Intermediary services
relatives, by 12
social changes, responding to 1 UNCRC see UNCRC
welfare principle see Welfare principle Adoption agency
adoption panel see Adoption panel adoption records, adopted person’s right to 208
agency adviser, duty to appoint 177 approval
assessment and see assessment and approval of prospective adopters below
review 197
termination 197–8
see also matching and approval of placements below
assessment and approval of prospective adopters
adopters’ observations 192
case record, setting up, etc 189 counselling 188
information
obtaining 191
provision to adopters 188–9 report, preparation of 191
legal advice, advisability of adopters seeking 189
police checks 190–1
preparation for adoption, help as to
189
report
adopters’ right to comment on
192
information in 191, 192
matters for consideration 191–2 preparation of 191–2
types to be obtained 191
stable and permanent relationship, regard to 192, 193
statutory guidance 189
Children Act Register see Children Act
Register
contact arrangements
duties as to 205–6
matters for consideration 205 notification requirements 205 placement plan, set out in 205 refusal of contact, 206 review of arrangements 205 setting out 205
variation 206
welfare principle, importance of
205 counselling, etc duties
child, for 180
parent or guardian and others, for consent requirements 181 contact arrangements 181 cultural, religious, etc needs 181 extended family, and information-gathering process 181 father without parental responsibility, rights of 181– 4
generally 180–4
interpretation needs 181
loss of family relationships 181 refusal of counselling 181 welfare test, importance of 181 wishes and feelings, record of
181
decisions as to placing child for adoption
adoption panel’s recommendations, duty to consider 187
case record, 179, 201 counselling, etc see counselling, etc duties above
duties towards child 179, 201 father’s right to be notified 188 generally 178–9, 187, 200–1 information-gathering duties see information-gathering duties below
‘looked after child’ 178–9 matters for consideration prior to
200
notification duties 188, 200 permanence report see permanence report below
reasons for, need to record 188 record of 188
summary of decision-making process 188
disclosure of information see
Disclosure of information duty to maintain 175
fees, right to charge 232 generally 175–6
Hague Convention
duties under 133
establishment under 129 independent reviewing officer see
Independent reviewing officer information-gathering duties
child’s family, about 185 generally 2, 258
medical examination of child 185 personal details about child 185 records and disclosure 2
see also Disclosure of information inspection, minimum standards 175 matching and approval of placements adopters’ rights
observations, to make 199 placement report, to 199 adoption panel
functions as to placement 200 information, right to 199, 200 recommendation by 200 referral to 199
adoption placement report, preparation of 199 assessment of needs 198
contact arrangements 199 generally 198
more than one agency involved
199
parental responsibilities, restriction of 199
proposed placement, duties as to
198
meaning 20
permanence report
adoption panel, sent to 186 contents 185–6
Convention adoption, where 147 duty to prepare 179, 185–6 provision to parents 186 placement for adoption
decisions as to see decisions as to placing child for adoption above matching and approval of placements see matching and approval of placements above procedure before placement see procedure before placement below
274 Adoption Law: A Practical Guide
Adoption agency (continued) placement for adoption (continued) review, need for see review before placement below
summary of decision-making process 188
see also Placement for adoption procedure before placement
child less than 6 weeks old 201 generally 201–2
notification requirement 201, 202 placement plan 201
prospective adopters, assessment, etc see assessment and approval of prospective adopters above review before placement
case record, entries in 203
duty to carry out 202
generally 202
independent reviewing officer see
Independent reviewing officer matters for consideration on 202–3 outcome, notification of 203 6-month review, child not placed at time of 203
time for 202
visits prior to 202, 203
Adoption Contact Register
disclosure of information 255
duty to maintain 253
entry in
circumstances warranting 254 contents 254
duty to make 254
fee payable 254
Part 1 254
Part 2 254–5
generally 253
notice to be given 254
parts of 254–5
public inspection, prohibition on 255 purpose 253
regulations, power to make 255 relatives: meaning 254
Adoption order
amendment
application for
evidence to accompany 115 procedure 115
respondents 115 circumstances warranting 115 generally 115
notice of, to whom sent 115 register, copy in 115
application for
applicants 103
child
eligible 103–4
see also Child
consent to, filing of 106, 107 couple, by see Couple
court’s response to issue of 105–7 directions hearing
first see first directions hearing below
subsequent 108
enduring family relationship, applicants in
generally 6–7
see also Enduring family relationship
first directions hearing see first directions hearing below
form
details to be supplied in 104 documents to be filed with 104 generally 104
omitted information in 104 service 106
generally 103
hearing
final see final hearing below
first directions hearing see first directions hearing below jurisdiction 14
opposition to, need for change of circumstances 110
parent not wishing to be informed
106–7
permission to oppose 110 respondents 105
separate households, applicants in
7
cancellation 117, 120
conditions for making
adoption agency placement, in case of 63
generally 59, 63
guardian
appointment 61
case law 61–2
consent of 60, 61
foreign child or order, where
61–2
meaning 61
parental responsibility, having
61
replacement 61
special 61
legislation 59
non-agency placement, in case of
63
Northern Ireland freeing order, in case of 63
parent or guardian, where child having
consent requirement 59–62 dispensing with consent see parental consent, dispensing with below
generally 59
guardian see guardian above ineffective consent 60
nature of consent 60
parent: meaning 60 placements and placement orders, in case of
balancing of rights 63
child’s welfare, importance 63 consent, dispensing with 63 generally 62
permission to oppose adoption order 62
Scottish permanence order, in case of 63
confidential reports, disclosure of
109
consequences see Adoption (effect) contact after making of see under
Contact (post-adoption order) directions hearing
first see first directions hearing below
generally 108
disclosure of reports and other information 109
documents
custody of 111
inspection of 111
see also information below effect on existing family ties 9 final hearing
attendance at 110
generally 110
listing date 110
notice of 110
first directions hearing
attendance at 107 confidential reports, disclosure of
109
court actions at 107
date for 105
foreign element, where 107 further directions hearing 108 generally 107–8
litigation friend, appointment of
107
notice of 106
timetable fixed at 107
type of directions given at 107 hearing
final see final hearing above
first directions hearing see first directions hearing above information
adopted adult’s right to
generally 111
protected information, removal of
111
request for information, procedure
112
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