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The Laws on Adoption
There are all sorts of adoptions! One can adopt a whale, a tree, a patch of grass, even rabbits! This sort of adoption is probably best called sponsoring. The legal Adoption of a Child is something different.
Adoption, in this case, is the LEGAL transferring of a Child from one family to another. This change of family is, in the legal sense, binding in perpetuity. This means that it is for all time.
It is intended to be permanent. The Family belongs to the Child and the Child belongs to the Family. It is as if the Child had been born into the Family. An Adoptive Family is not an alternative family. It IS the Family
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Is adoption necessary
·Unfortunately, there are children who are not able to stay with their birth family. This may be for any number of causes, but all the causes have the same consequence. The Birth Family is unable to care for the Child
·Frequently, others can step in to care for the child. The child still belongs to the Birth Family and may well return to their care.
·Sometimes, even though the Child retains the identity and legal status of their Birth Family, they may remain with alternative Carers throughout their childhood. Occasionally this may be in residential care. Mostly such children are placed in Foster Families. (This is known as LONG TERM FOSTERING).
·There are a few children who, for whatever reason, cannot remain with their Birth Family.
·Legal Adoption is, for such a child, sometimes agreed as the best solution. The simple and paramount principle that overides everything is that this MUST be an
Problems which may occur
Problems, which may occur during the adoption process, are as follows
·On page number 5 of the adoption act 184, it states, under welfare and interests of the child to be paramount.
. in the administration of this act the welfare and interests of this child concerned shall be regarded as the paramount consideration.
This part of the act is crucial, how can anyone determine what is paramount for a child when they are just born if this is indeed the case? I don't think that anyone is capable of doing such a thing.
·Discharge of adoption orders
·1. (1) An eligible person may apply to the court for an order discharging an order for the adoption of a child made under this act or any other corresponding previous enactment on the grounds-
(a)that the adoption order or a consent for the purposes of the adoption order was obtained by fraud, duress or other improper means; or
(b)that the special circumstances exist why the adoptin order should be discharged.
() In sub-section (1)-
(a)"eligible" person means that the adopted child to whom the adoptin order relates, a natural parent of the adopted child, and adoptive parent of the adopted child, the Director-General or theprincipal officer of the approved agency by which the adoption was arranged; and
(b)a reference to special circumstances includes a reference to an irretrievable breakdown of the relationship between the adoptive parents and the adopted person.
An mother who had given her child up for adoptionyears ago, met the future adoptive parents of her baby daughter Brianne. She then requested that the order be dropped as the family was a distant relation to Martin Bryant. She claimed that when the parents came to see their child, they made evil gestures towards her and the adoptino order was discharged.
I don't believe that that should be able to happen, as the adoptive mother in that particular case did not want to have anything more to do with her daughter after the meeting of the adoptive parents and yet she was able to say to them no, I don't want to you to be my babies parents,
I believe that that is a major down fall in the adoptive act, giving the birth mother immediate rights even is she does not want to be associated with her child ever again.
Good points about the Adoption Act 184
14. Wishes of child
(1) Subject to this Division, an order for the adoption of a child shall not be made unless the Court is satisfied that--
(a) at least 8 days before the day on which the adoption order is to be made the child received counseling from an approved counselor as to the effects of the adoption; and
(b) as far as practicable, the wishes of the child have been ascertained and due consideration is given to them, having regard to the age and understanding of the child.
() Sub-section (1)(a) does not apply if the Court is satisfied that counseling is inappropriate having regard to the age and understanding of the child.
() A person who has given counseling to a child under sub-section (1)(a) must provide a written report to the Court
This states that the child's wishes are best at hand. The law before this act was published in 184 stated no such record of having the child's wishes come to play in the decision of an adoption case.
Changes to the law which may be of benefit
I believe that there should be minimal changes made to the adoption act of 184. The only thing, which I believe should possibly be changed, is that of the wishes of the child. I believe that for children over the age of 1 a lie detector test should be taken to avoid bribery and so forth.
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