Adoption Flashcards
Father (with no PR)should be informed of adoption procedure unless they did not cohabit with child and relationship did not show consistency. This is to not breach art 8.
No consent is required
Re H, Re G
Purpose of contact order in adoption is to serve the child’s identity needs.
Re C (Contact)
Re R (Adoption: Contract) If contact order goes against adoptive parents wishes, courts will always be reluctant to impose it.
Re R (Adoption: Contract)
Benefits of contact include: maintain relationships, get information past and present about birth family.
Disadvantages: disruptive towards autonomy of adoptive family
Smith (2005)
An Ofsted interview that found young people believe you should be adopted with your sibling or stay in contact with them as it helps with identity, it should happen as quickly as possible. They also said they believe it is important to stay in contact with birth parents.
R Morgan
Adoption order considered child’s welfare throughout their lifetime not just childhood
Re P (Children)(Adoption: Parental Consent
12 year old wanted to keep formal contact with siblings led to court making a residence order instead
Re M (Adoption or Residence Order
Must be shown adoption is necessary to protect child
Johansen v Norway
Dispensing with parental consent depends on whether it is in the child’s best interest to get adopted
Re P (Placement Orders: Parental Consent)