Hiding Behind the Law? A Critique of the Law and Practice under the Adoption and Children Act 2002

Abstract

This article presents a critical analysis of adoption law in Britain. In particular, it focuses on provisions of the Adoption and Children Act 2002 (ACA), and the subsequent interpretation by the Family Courts, which appear to drastically compromise the rights of natural parents. Only in the last three decades has changed perception of family structure altered the theory of adoption. This is illustrated by way of adoption now being a service of permanency for children in the care of local authorities, which has developed to replace the traditional relinquishment of new born babies of previous decades. This historic adoption method was considered a fitting way of legally transferring babies from unmarried mothers to childless, married couples. The 2002 Act is underpinned by the welfare of the child being the paramount consideration. This article seeks to argue that in practice, there is reliance on legal fiction, and a disregard of flaws within the system, which not only contravenes any rights retained by birth parents, but creates legal voids for children, which conflict directly with the paramountcy principle.