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Adoption and Children Bill

This is the text of the Adoption and Children Bill, as presented to the House of Commons on 15th March 2001.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Department of Health, will be published separately as Bill 66- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Milburn has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Adoption and Children Bill are compatible with the Convention rights.

 
  
Adoption and Children Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
ADOPTION
CHAPTER I
INTRODUCTORY
Clause 
1.Considerations applying to the exercise of powers.

CHAPTER II
THE ADOPTION SERVICE
The Adoption Service
2.Basic definitions.
3.Maintenance of Adoption Service.
4.Assessments etc for adoption support services.
5.Local authority plans for adoption services.
6.Arrangements on cancellation of registration.
7.Inactive or defunct registered adoption societies etc.

Supplemental
8.Regulation of adoption agencies.
9.Regulation of adoption agencies: independent review of determinations.
10.Registered adoption societies: financial support.
11.Information concerning adoption.
12.Default power of appropriate Minister.
13.Inspection of premises etc. by persons authorised by appropriate Minister.
14.Inquiries.

CHAPTER III
PLACEMENT FOR ADOPTION AND ADOPTION ORDERS
Placement of children by adoption agency for adoption
15.Placement for adoption by agencies.
16.Placing children with parental consent.
17.Placement orders.
18.Applications for placement orders.
19.Varying placement orders.
20.Revoking placement orders.
21.Advance consent to adoption.
22.Parental responsibility.
23.Contact.
24.Contact: supplementary.
25.Further consequences of placement.
26.Further consequences of placement orders.

Removal of children who are or may be placed by adoption agencies
27.Placements under section 16: general prohibition on removal.
28.Section 27: exception for recovery by parent etc. where agency not opposed.
29.Section 27: exception for recovery by parent etc. where application for placement order refused.
30.Placement orders: removal by parents, etc.
31.Removal in other cases.

Removal of children in non-agency cases
32.Restrictions on removal.

Breach of restrictions on removal
33.Recovery orders.

Preliminaries to adoption
34.Child to live with adopters before order is made.
35.Reports where child placed by agency.
36.Condition for applying in non-agency cases.
37.Notification to local authority of applications in non-agency cases.

The making of adoption orders
38.Adoption orders.
39.Conditions for making adoption orders.
40.Restrictions on making adoption orders.
41.Applications for adoption.
42.Adoption by married couple.
43.Adoption by one person.

Placement and adoption: general
44.Parental etc. consent.
45.Modification of 1989 Act in relation to adoption.
46.Revocation of adoptions on legitimation.

Information about adopted child
47.Information given to adopters.
48.Information given to adopted person
49.Information about adopted child: supplemental

CHAPTER IV
STATUS OF ADOPTED CHILDREN
50.Meaning of "adoption" in Chapter IV.
51.Status conferred by adoption.
52.Adoptive relatives.
53.Rules of interpretation for instruments concerning property.
54.Dispositions depending on date of birth.
55.Property devolving with peerages etc.
56.Protection of trustees and personal representatives.
57.Meaning of "disposition".
58.Miscellaneous enactments.
59.Pensions.
60.Insurance.

CHAPTER V
THE REGISTERS
Adopted Children Register etc.
61.Adopted Children Register.
62.Other registers and books.
63.Disclosure of birth records of adopted children.
64.Disclosure of birth records: counselling.

Adoption Contact Register
65.Adoption Contact Register.
66.Adoption Contact Register: disclosure.
67.Adoption Contact Register: supplementary.

CHAPTER VI
ADOPTIONS WITH A FOREIGN ELEMENT
Intercountry adoption
68.Modification of section 51 for Convention adoptions.
69.Overseas adoptions.

Children coming into and out of the United Kingdom
70.Restriction on bringing children into the United Kingdom for adoption.
71.Transfer of parental responsibility prior to adoption abroad.
72.Restriction on taking children out of the United Kingdom for adoption.

Validity etc. of Convention and overseas orders
73.Annulment etc of overseas or Convention adoptions.
74.Section 73: supplementary.
75.Overseas determinations and orders.

CHAPTER VII
MISCELLANEOUS
Restrictions
76.Restrictions on making arrangements for adoption, etc.
77.Restriction on advertisements etc.
78.Prohibition on certain payments.

Proceedings
79.Proceedings for offences.
80.Appeals.
81.Proceedings to be in private.

The Children and Family Court Advisory and Support Service
82.Officers of the Service.
83.Right of officers of the Service to have access to adoption agency records.

Evidence
84.Evidence of consent.

Scotland, Northern Ireland and the Islands
85.Effect of certain Scottish orders and provisions.
86.Effect of certain Northern Irish orders and provisions.
87.Use of adoption records from other parts of the British islands.
88.Orders made in the Channel Islands or the Isle of Man.

General
89.Avoiding delay.
90.Service of notices etc.

PART II
AMENDMENTS OF THE CHILDREN ACT 1989
91.Parental responsibility of unmarried father.
92.Acquisition of parental responsibility by step-parent.
93.Residence orders: extension to age of 18.
94.Special guardianship orders.
95.Section 8 orders: local authority foster parents.

PART III
MISCELLANEOUS AND FINAL PROVISIONS
CHAPTER I
MISCELLANEOUS
National Adoption Register
96.National Adoption Register.
97.Use of an organisation to establish etc. the register.
98.Supply of information to the registration authority.
99.Disclosure of information.
100.Supplementary.

Amendments, etc.
101.Amendments, transitional provisions, savings and repeals.

CHAPTER II
FINAL PROVISIONS
102.Orders, rules and regulations.
103.Rules of procedure.
104.Supplementary and consequential provision.
105.Offences by bodies corporate and unincorporated bodies.
106."Making arrangements for the adoption of a child".
107.General interpretation, etc.
108.Devolution: Wales.
109.Expenses.
110.Index.
111.Commencement.
112.Extent.
113.Short title.
 

SCHEDULES:
    Schedule 1-Registration of Adoption.
    Schedule 2-Minor and consequential amendments.
    Schedule 3-Transitional provisions and savings.
    Schedule 4-Repeals.
    Schedule 5-Index of defined expressions.
 

 
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Prepared 15 March 2001