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Child adoption law - Dissertation Example

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The emphasis upon the paramount of the child's welfare in section 1 of the Adoption and Children Act 2002 is misplaced. Clearly the finality of adoption means that parental consent and the rights of the natural parents deserve equal weight and attention. This should be the case throughout the adoption process.” Discuss Word Count (except bibliography and Heading) 4000 words Introduction The Courts in England and Wales, under the Adoption Act 1976 had regarded the “welfare of the child” as first consideration in litigation pertaining to adoption…
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Child adoption law
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Download file to see previous pages However, by giving paramount importance to the welfare, this paper will be analysing whether the parental consent and the rights of the natural parents deserve equal weight and attention or whether it has been relegated to the backside by the Adoption and Children Act 2002 in an exhaustive manner1. Whether Child Welfare alone is to be given of a paramount significance thereby disregarding the parental consent and the rights of the natural parents under the Adoption and Children Act 2002? - An Analysis The law on adoption was completely transformed with the effect from 30 December 2005 through the introduction of the Adoption and Children Act 2002 in UK. The Adoption and Children Act 2002 tries to address the question of parental consent of the natural parents and the question of the best interest of the child which are tackled at an early stage. ...
As held in Webster v Norfolk County Council2, adoption is a process which engrosses the separation of legal relation between the natural parents and a child thereby creating a new kinship with the adoptive parents. Under ss 50,114(4) of the Adoption and Children Act 2002, the definition of those who could adopt a child which includes unmarried couples also, and the 2002 Act3 has made the welfare of the adopted child as a paramount while in the 1976 Act 4, welfare of the child was the first priority of an UK’s court. Under the 2002 Act5, the procedure for the adoption has also been changed6. Section 1 of the Adoption and Children Act 2002 is a dominant provision that will be applicable whenever an adoption agency or a court is taking any conclusion as regards to the adoption of a child. This comprises any choice by the court about the waiver of permission by parent or to pass an order under section 26 of the Adoption and Children Act 2002 for a contact order. In subsection (4) of the Act7, a welfare checklist is detailed out ,which must be taken into account either by the agency or by the court in deciding the best interest of the child in any choice pertaining to adoption. Paramountcy standard connotes that child’s welfare is supreme when making any choice about the upbringing of a child. Due consideration should be given by the court also about the feelings and wishes of the child and shall refrain from making an order of placement and adoption unless no other option is available .Thus , every initiative should be undertaken to protect the child’s family and home associations8. Section 1 of the Adoption and Children Act 2002 states that paramount significance should be given to the following factors by the adoption agency ...Download file to see next pages Read More
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