PART 3DUTIES OF ADOPTION AGENCY WHERE THE AGENCY IS CONSIDERING ADOPTION FOR A CHILD

Requirement to provide counselling and information for, and ascertain the wishes and feelings of, the parent or guardian of the child and others —14

1

The adoption agency must, so far as is reasonably practicable —

a

provide a counselling service for the parent or guardian of the child;

b

explain and provide written information to the child’s parent or guardian on the following matters—

i

the procedure in relation to both placement for adoption and adoption;

ii

the legal implications of—

aa

giving consent to placement for adoption under section 19 of the Act (placing children with parental consent);

bb

giving consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption);

cc

a placement order; and

iii

the legal implications of adoption; and

c

ascertain the wishes and feelings of the parent or guardian of the child and of any other significant person the agency considers relevant in relation to —

i

the matters set out in section 1(4)(f)(ii) and (iii) of the Act (matters the agency must have regard to);

ii

the placement of the child for adoption and their adoption, including any wishes and feelings about the child’s religious and cultural upbringing; and

iii

contact with the child if the agency is authorised to place the child for adoption or the child is adopted.

2

This paragraph applies where the father of a child does not have parental responsibility for the child and the father’s identity is known to the agency.

3

Where paragraph (2) applies and the adoption agency is satisfied it is appropriate to do so the agency must—

a

carry out in respect of the father the requirements of paragraph (1)(a), (b)(i), and (iii) and (c) as if they applied to the father and

b

ascertain so far as possible whether the father—

i

wishes to acquire parental responsibility for the child under section 4 of the 1989 Act (acquisition of parental responsibility)9; or

ii

intends to apply for a residence order or contact order with respect to the child under section 8 of the 1989 Act (residence, contact and other orders with respect to children) or where the child is subject to a care order, an order under section 34 of the 1989 Act (parental contact with children in care).