Summary
The Adoption and Children Act 2002 modernised the adoption framework in England & Wales, replacing the Adoption Act 1976. It aligned adoption law with the Children Act 1989 by making the child's welfare the paramount consideration. The Act permitted adoption by single people, married couples, and civil partners, and introduced special guardianship orders as an alternative to adoption.
Key Points
- Welfare paramount — The child's welfare throughout their life is the paramount consideration in adoption decisions (s.1)
- Adoption by couples — Married couples, civil partners, and unmarried couples (including same-sex couples) may adopt jointly
- Consent — Adoption requires the consent of each parent/guardian, or consent may be dispensed with if the child's welfare requires it (s.52)
- Placement orders — The court may authorise a local authority to place a child for adoption (s.21)
- Special guardianship orders — An alternative to adoption giving the carer parental responsibility without severing the legal relationship with birth parents (s.115, inserting s.14A–14G into Children Act 1989)
- Adoption register — Maintained to suggest matches between children waiting for adoption and approved prospective adopters
Parts & Sections
Amendments History
2014 — Children and Families Act 2014
Introduced a 26-week time limit for care proceedings and fostering for adoption.