Adoption
Adoption means the complete severance of the legal relationship between
the parents and the child, and the establishment of a new one between the child and his adoptive parents.
Although it is a formal legal procedure, it deals with very human problems. It focuses primarily on
the needs and welfare of the child. Nevertheless, in a family context it has important personal implications
for different sets of people: the natural parents, the prospective adopters, their respective families
and of course, the child.
Adoption Review
While for most children the best place to grow up is with their birth
parents, others are unable to do so. Where this is not possible, society has a clear responsibility
to provide children with stability and permanence in their lives. Adoption is traditionally a means
of providing a permanent alternative home for children unable to return to their birth parents and the
Government believes that more can and should be done to promote the wider use of adoption.
It is widely accepted that adoption needs a stronger focus in terms
of ensuring permanency of care for looked after children and addressing the long term implications of
adoption for children and families affected by its processes. Changes to the Adoption (NI) Order 1987
(the Adoption Order) are required to reflect these emerging needs and to ensure that where adoption
is the plan, the court will deal with each child’s case in a rigorous but expeditious manner. Since
the present law and procedures were settled, there have been changes in the number and profile of children
for whom adoption is considered to be in their best interests as well as wider child care law and practice.
Furthermore, society’s attitude towards what constitutes a family and ‘family life’ has also changed
considerably in the last twenty years.
Process and Timing
The Department is developing proposals for new adoption legislation
and in doing so, will consider:
- The findings of the Social Services Inspectorate Report ‘Adopting Best Care’ published in May 2002;
- Widespread perception of court delays, and findings published in the SSI report ‘Review of the Freeing Order Processes in Northern Ireland 2003’;
- A recognised need to align adoption legislation with the principles in the Children (NI) Order 1995;
- Changes in adoption law, and amendments to the Children Act in England and Wales, though the implementation of Adoption and Children Act 2002;
- A recognised need to keep pace with provisions in related legislation in a wider UK and international context such as The Human Rights Act 1998, the UN Convention on the Rights of the Child, The Children Act 2004 and the Civil Partnership Act 2004;
- Developments in social work practice following The Lewis Review in Northern Ireland and the Laming Enquiry and Bichard Reports in England;
- Changes in societal attitudes and the needs of children and families involved in the adoptive process;
- Responses to the adoption questionnaire issued by DHSS&PS in August 2004;
- Discussions held during stakeholder engagement workshops in February 2005;
- Responses received to the 'Adopting the Future' consultation.
Implementation to date
The Department issued a questionnaire in August 2004 on changes required
to the existing legislation and has analysed the responses. It also held a series of four one-day workshops
in February 2005 on specific themes based on the changes introduced through the Adoption & Children
Act 2002 in England and Wales.
On 4th July, Health Minister Paul Goggins unveiled a strategy for a
proposed new approach to adoption in Northern Ireland, which seeks to put children's needs at the heart
of the process. The strategy, 'Adopting the Future (PDF 866
KB), set out proposals for the changes needed to improve adoption services and was issued for
public consultation. The consultation is now complete and the report is available here.
Future Plans
Work will now begin to implement the final proposals on adoption It
is anticipated that new legislation will be developed to overhaul the existing law, the Adoption (NI)
Order 1987. This will also be consulted on.
Contact
If you would like speak to someone involved in the adoption review,
please contact:
Alternatively you can
Email: adoption@dhsspsni.gov.uk
or write to us at:
Child Care Policy Directorate
Room D1.4, Castle Buildings
Stormont
BT4 3SQ
Room D1.4, Castle Buildings
Stormont
BT4 3SQ
