adoption

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  • Created by: azdw
  • Created on: 05-06-17 23:52
Houghton committee's report 1972
adoption involves "the complete severance of the legal relationship between parents and child and the establishment of a new one between the child and the adoptive parent"
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adoption act 1926
concept of adoption began
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adoption and children act 2002
now governs adoption. fully came into force 30th december 2005
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s46(2) ACA 2002
an adoption order will extinguish PR of original parents
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the european convention on the adoption of children (revised) 2008, article 4(1)(2)
"the importance of adoption providing the child with a stable and harmonious home"
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D McG v Neath Talbot CC [2010]
placement for adoption order should only be undertaken when all avenues towards rehabilitation have reasonably been explored
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Re B-S (children) [2013]
adoption should be a last resort
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Sarah Sargent in 2015 article about transracial adoption states
said transracial adoption is a controversial and emotionally laden topic
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children and families act 2014 s3 which amended s1(5) of the adoption and children act 2002
abolished the requirement of matching altogether following the coalition government recommendations. aimed to promote a quicker process by widening the pool of available adoptive parents
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s51 ACA 2002
one person can adopt, implemented in AA 1976
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s50 ACA 2002
a couple may adopt
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s144(4) ACA 2002
defines a couple as either a married couple, civil partners, or two people in an enduring family relationship. same sex relationships have been allowed since the 2002 act
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s49(4) ACA 2002
to be adopted you must be under 18
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s47(8) ACA 2002
to be adopted you must have never been married
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s31 CA 1989
placement order can only be made if the court is satisfied that the threshold under this section has been met to enforce without parental consent
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s21 ACA 2002
each parent consents to adoption
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s47(2) or s47(4) ACA 2002
final application made for adoption order can only be made if the conditions in either of these are met
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s52(3) ACA 2002
consent only valid after 6 weeks from birth
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s52(1) ACA 2002
consent can be dispensed with if parent cannot be found or lacks capacity or if welfare of child requires it
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Re R (adoption) [1967]
consent can be dispensed with if the parent lacks capacity
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Watson v Nicholaisen [1955]
consent can be dispensed with if child was abandoned
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Re A [1979]
consent can be dispensed with if child was persistently ill treated
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Re W [1971]
if parent is withholding consent unreasonably, then consent can be dispensed with
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s52 ACA 2002
to ensure that our domestic law is in line with human rights by allowing same sex couples to adopt
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s1(4) ACA 2002
welfare checklist in adoption- most notable difference is that the paramount consideration is the welfare of the child throughout his or her life as per s1(2) ACA 2002
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s1(3) ACA 2002
any delay in coming to a decision is likely to prejudice the child's welfare
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s109 ACA 2002
court is required to draw up a timetable and give directions with a view to determining issue without delay
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adoption act 1976
said you could only dispense with parental consent if parent was in some way to blame
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echr article 8
right to private family life without disproportionate interference from the state, need to be satisfied that child ha suffered significant harm or is at risk of suffering significant harm before parental consent is dispensed with under s31 CA 1989
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Re P (Placement orders: parental consent) [2008]
CA stated that uk law is in line with human rights
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YC v UK [2012]
supports Re P (placement orders: parental consent) [2008]
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Re B (care proceedings: standard of proof) [2008] UKHL
evidence of bruising is sufficient to pass s31 CA 1989 threshold
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Re N [2016]
uk courts had jurisdictional powers in relation to adoption of children from foreign countries because the child had habitual residence in UK
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Re B (adoption: setting aside) [1995]
an adoption order cannot be set aside unless there are highly exceptional circumstances
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The family law protocol 4th edn
all 'transplant' adoptions, where all ties are severed, must be done through an adoption agency in order to be legal
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Other cards in this set

Card 2

Front

adoption act 1926

Back

concept of adoption began

Card 3

Front

adoption and children act 2002

Back

Preview of the front of card 3

Card 4

Front

s46(2) ACA 2002

Back

Preview of the front of card 4

Card 5

Front

the european convention on the adoption of children (revised) 2008, article 4(1)(2)

Back

Preview of the front of card 5
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