FAMILY LAW
LARGE GROUP 10
Student Guide
Adoption
Context
In this Large Group you will continue looking at the threshold criteria that the court
must consider when making a care or supervision order.
You will then consider adoption. Adoption is the severing of all legal ties with a child’s
birth parents and the acquisition of legal parenthood by the adopting parents. In this
Large Group you will learn the law on adoption.
In the 1960s most adopted children were young babies, born to single mothers who
were unable to keep them and they were adopted by childless couples. Social
change has radically altered the profile of the adopted child. The majority of adoption
cases today involve children who are in care. Although ideally children in care
should be placed within their extended family, this is not possible for many children
and the aim of recent governments has been towards an increase in adoption as the
suitable alternative for their future.
In many of these cases the parents will not be willing to consent to the adoption of
their children and you will consider how the Adoption Act 2002 provides a
mechanism for the courts to deal with these cases where the parents seek to oppose
the adoption. You will also briefly consider what happens after adoption and the
question of post-adoption contact.
Outcomes
By the end of this Large Group you should be able to:
1. Understand the threshold criteria test for care orders and how it is applied.
2. Explain the law on adoption including applications for placement and adoption
orders.
1. Care orders
1.1 The threshold criteria
s31 A court may only make a care order or supervision order if it is satisfied—
, (a) that the child concerned is suffering, or is likely to suffer, significant harm; and
(b) that the harm, or likelihood of harm, is attributable to—
(i) the care given to the child, or likely to be given to him if the order
were not made, not being what it would be reasonable to expect a
parent to give to him; or
(ii) the child's being beyond parental control.
1.1.1 Standard of proof
1.1.2 ‘is suffering’
Re M (A Minor) (Care Order: Threshold Conditions) [1994] 3 All ER 298
Childs F murdered child’s M
Rest of the children liven with M cousin
Father and Guardian wanted care order, for him to be adopted out of family
M cousin wanted to look after all children
Could make a care order, as murder of M, deprived him of motherly care
Argued against stating suffering is in present and at the time of court proceedings, the
child was not suffering
Where there has been a continuum of protective measures between
proceedings, the fact that the child is well cared for doesn’t preclude the
making of care order
House of Lords held: Moment in time before the protection is applied
Before applying for care order/ LA became involved
Emergency care order/ interim care order
1.1.3 ‘is likely to suffer’
Re H and Others (Minors) (Sexual Abuse: Standard of Proof) [1996]
AC 563
Is at risk
M has 4 girls
H was placed in foster care and 3 others for order
Charged and cleared of rape of H
Care order case was based on allegation of sexual abuse
Was at risk
Lower balance of probabilities
Rather than higher of beyond reasonable doubt
Likely = a real possibility, that can not sensibility be ignored having regard
to nature and gravity of feared harm in particular case
1.1.4 ‘attributable to’
LARGE GROUP 10
Student Guide
Adoption
Context
In this Large Group you will continue looking at the threshold criteria that the court
must consider when making a care or supervision order.
You will then consider adoption. Adoption is the severing of all legal ties with a child’s
birth parents and the acquisition of legal parenthood by the adopting parents. In this
Large Group you will learn the law on adoption.
In the 1960s most adopted children were young babies, born to single mothers who
were unable to keep them and they were adopted by childless couples. Social
change has radically altered the profile of the adopted child. The majority of adoption
cases today involve children who are in care. Although ideally children in care
should be placed within their extended family, this is not possible for many children
and the aim of recent governments has been towards an increase in adoption as the
suitable alternative for their future.
In many of these cases the parents will not be willing to consent to the adoption of
their children and you will consider how the Adoption Act 2002 provides a
mechanism for the courts to deal with these cases where the parents seek to oppose
the adoption. You will also briefly consider what happens after adoption and the
question of post-adoption contact.
Outcomes
By the end of this Large Group you should be able to:
1. Understand the threshold criteria test for care orders and how it is applied.
2. Explain the law on adoption including applications for placement and adoption
orders.
1. Care orders
1.1 The threshold criteria
s31 A court may only make a care order or supervision order if it is satisfied—
, (a) that the child concerned is suffering, or is likely to suffer, significant harm; and
(b) that the harm, or likelihood of harm, is attributable to—
(i) the care given to the child, or likely to be given to him if the order
were not made, not being what it would be reasonable to expect a
parent to give to him; or
(ii) the child's being beyond parental control.
1.1.1 Standard of proof
1.1.2 ‘is suffering’
Re M (A Minor) (Care Order: Threshold Conditions) [1994] 3 All ER 298
Childs F murdered child’s M
Rest of the children liven with M cousin
Father and Guardian wanted care order, for him to be adopted out of family
M cousin wanted to look after all children
Could make a care order, as murder of M, deprived him of motherly care
Argued against stating suffering is in present and at the time of court proceedings, the
child was not suffering
Where there has been a continuum of protective measures between
proceedings, the fact that the child is well cared for doesn’t preclude the
making of care order
House of Lords held: Moment in time before the protection is applied
Before applying for care order/ LA became involved
Emergency care order/ interim care order
1.1.3 ‘is likely to suffer’
Re H and Others (Minors) (Sexual Abuse: Standard of Proof) [1996]
AC 563
Is at risk
M has 4 girls
H was placed in foster care and 3 others for order
Charged and cleared of rape of H
Care order case was based on allegation of sexual abuse
Was at risk
Lower balance of probabilities
Rather than higher of beyond reasonable doubt
Likely = a real possibility, that can not sensibility be ignored having regard
to nature and gravity of feared harm in particular case
1.1.4 ‘attributable to’
