The Way Ahead: Report by the Association of Child Care Officers on the Adoption of Children
| Published date | 01 November 1970 |
| Date | 01 November 1970 |
| Author | Alec Samuels |
| DOI | http://doi.org/10.1111/j.1468-2230.1970.tb01304.x |
REPORT
OF
COMMITTEE
TEE WAY AHEAD: REPOXT
BY
THE
ASSOCIATION
OF
CHILD CARE
OFFICESS
ON
THE
ADOPTION
OF
CHZLDXEN
ADOPTION is a comparatively modern and rapidly developing institu-
tion. There
is
a danger that
it
may be used excessively. We may
not appreciate the psychological stress upon the child and the parties
involved. The interests of the child have not ye& been established
as the sole consideration,
for
the rights
of
the
parents must still
be
considered, although parenthood should confer only duties and not
rights. The Association of
Child
Care Officers
(A.C.C.O.)
set
up a
committee
to
make a fundamental inquiry of adoption law and
practice, and a most challenging document
is
the result.
It
is a curious fact that approximately one-third of all adoptions
are family adoptions,
i.e.
adoptions by the mother,
or
the mother
and stepfather,
or
relatives. The legal institution
of
adoption is
being used in a way not originally envisaged to overcome certain
legal
or
social disabilities. The mother of an illegitimate child may
be trying to exclude the father for ever; relatives,
e.g.
the father’s
parents, may be trying to exclude the mother; the mother may be
trying
It0
gain security of succession rights for the child by creating a
legal bond with the stepfather; the mother may be trying
to
over-
come the shame of illegitimacy; old relatives may have
no
hope
of
adopting
a
stranger because of age. These motives may not be laud-
able and may not be in the child’s best interests in certain cases. The
putative father may have a genuine concern for the child; excluding
a mother
is
a serious step; the law can do liMe to improve a per-
sonal relationship, the marriage with the stepfather may break
down, and anyway the child now has certain succession rights
against the putative father
on
intestacy and under family provision;
the stigma of illegitimacy cannot be overcome by legal artifice but
by the development
of
responsible social attitudes
;
older people
should not be permitted to overcome the inevitable disability of
their age at the possible expense of a child. Accordingly
A.C.C.O.
propose that. in the family situation the law of guardianship, which
is flexible and variable, should be utilised instead of adoption.
Adoption has been looked upon too readily as a legal panacea
when its relationship with fostering and guardianship and better
facilities for illegitimate mothers should be more carefully thought
out.
The third party placement and the direot placement should
manifestly be prohibited. The motives of the parties may
be
sus-
pect, the mother might maintain contact with the child and
no
objective social skill is used in the selection process. The only
possible justificakion for the present system is that a mother might
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