Notice of adoption hearing

In re F (minors) (adoption: natural parents) CA TLR 10 November

The Adoption and Children Act 2002, which came into force on 31 December 2005, introduced new procedures and abolished freeing orders. But this was neither here nor there in respect of children who had been freed for adoption in January 2005 under s18 of the Adoption Act 1976, which was the legislation then in force. The effect of the freeing orders had been to deprive the child’s birth parents of parental responsibility for him, to reduce their status to that of former parents and to limit the adoption agency’s duty to them under s19 of the 1976 Act to informing them after 12 months from the date of the order whether or not an adoption order had been made. Although the present proceedings were instituted in March 2006 under s46 of the 2002 Act, the natural parents were not in any different position than they would have been if the adoption proceedings had been instituted prior to 31 December 2005. They would not have been given notice for the adoption application hearing, nor would they have had the opportunity to attend it. The judge had erred in thinking that their position was any different under the 2002 Act where the children had been freed for adoption before it came into force. Paragraph 7(1) of Schedule 4 to the 2002 Act meant what it said. Where proceedings for adoption were brought under the 2002 Act in respect of a child who had been freed for adoption under the 1976 Act, the court was to follow the procedure laid down in the 1976 Act unless any provision of the 2002 Act or the Family Procedure (Adoption) Rules 2005 (SI 2005 No 2795) required the court to do otherwise. There was nothing in either the Act or the Rules requiring the court to give notice to the natural parents; therefore the court allowed an appeal by the prospective adopters of two children from an order that the children’s natural parents might, if they wished, attend or be represented at the final adoption hearing.