BAAF | The Adoption & Children Act 2002

The Adoption & Children Act 2002 | British Association for Adoption and Fostering [BAAF]

The Adoption & Children Act 2002

The Adoption and Children Act modernised the whole existing legal framework for domestic and intercountry adoption. It also introduced a new legal order, special guardianship, which offers legal permanence for children for whom adoption is not suitable.

On this page:

Latest news
Full text of the act
Regulations
Guidance
National Minimum Standards
Practice Directions and Court Rules
New forms for implementation of Adoption and Children Act
Other relevant information

Latest news

The Department for Education published details of additional amendments to the statutory adoption guidance on 19th April 2011.

Full text of the act

The original and latest revised versions of the Adoption and Children Act 2002 are available online at http://www.legislation.gov.uk/ukpga/2002/38/contents and the accompanying Explanatory Note is available at: http://www.legislation.gov.uk/ukpga/2002/38/notes/contents

Regulations

A list of regulations issued under the Adoption and Children Act 2002 in reverse chronological order. Please note that earlier regulations may have been amended or replaced by more recent regulations.

England and Wales

• The Adoption Agencies and Independent Review of Determinations (Amendment) Regulations 2011 (SI 2011 No. 589) (came into force 1st April 2011)
• The Independent Review of Determinations (Adoption and Fostering) Regulations 2009 (SI 2009 No.395)
• The Adoption and Children Act 2002 (Consequential Amendments) Order 2005 (SI 2005 No.3504)
• Adoption and Children (Miscellaneous Amendments) Regulations 2005 (SI 2005 No.3482) - the main points are also outlined in a note prepared by the BAAF Legal Adviser
• The Local Authority (Adoption) (Miscellaneous Provisions) Regulations 2005 (SI 2005 No.3390)
• The Voluntary Adoption Agencies (Amendment) Regulations 2005 (SI 2005 No.3341)
• The Local Authority Adoption Service (England) (Amendment) Regulations 2005 (SI 2005 No.3339) The Independent Review of Determinations (Adoption) Regulations 2005 (SI 2005 No.3332)
• The Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005 (SI 2005 No.3222)
• Transitional Arrangements (Commencement No. 10 Transitional and Savings Provisions) Order 2005 (SI 2005 No.2897)
• The Family Procedure (Adoption) Rules 2005 (SI 2005 No.2795)
• The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 (SI 2005 No.2720)
• The Suitability of Adopters Regulations 2005 (SI 2005 No.1712)
• The Restriction on the Preparation of Adoption Reports Regulations 2005 (SI 2005 No.1711)
• The Special Guardianship Regulations 2005 (SI 2005 No.1109)
• The Adopted Children and Adoption Contact Registers Regulations 2005 (SI 2005 No.924)
• The Adoption Information and Intermediary Services (Pre-commencement Adoptions) Regulations 2005 (SI 2005 No.890)
• The Adoption Support Services Regulations 2005 (SI 2005 No.691)
• The Disclosure of Adoption Information (Post-commencement Adoptions) Regulations 2005 (SI 2005 No.888)
• The Adoptions with a Foreign Element Regulations 2005 (SI 2005 No.392)
• The Adoption Agencies Regulations 2005 (SI 2005 No.389)
• The Review of Children's Cases (Amendment) (England) Regulations 2004 (SI 2004 No.1419)
• The Advocacy Services and Representations Procedure (Children) (Amendment) Regulations 2004 (SI 2004 No.719) 

Wales only

• The Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010 (Welsh SI 2010 No.746 (W.75))
• The Independent Review of Determinations (Adoption) (Wales) Regulations 2006(Welsh SI 2006 No.3100 (W.284))
• The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) (Amendment) Regulations 2005 (SI 2005 No.3293 (W.253))
• The Local Authority Adoption Service (Wales) Regulations 2005 (Welsh SI 2005 No.3115 (W.235))
• Local Authorities (Prescribed Fees) (Adoptions with a Foreign Element) (Wales) Regulations 2005 (Welsh SI 2005 No.3114 (W.234))
• The Local Authority (Non-agency Adoptions) (Wales) Regulations 2005 (Welsh SI 2005 No.3113 (W.233))
• The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 2005 (Welsh SI 2005 No.2701 (W.190))
• The Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005 (SI 2005 No.2689 (W.189))
• The Independent Review of Determinations (Adoption) (Wales) Regulations 2005 (Welsh SI 2005 No.1819 (W.147))
• The Adoption Support Agencies (Wales) Regulations 2005 (Welsh SI 2005 No.1514 (W.118))
• The Adoption Support Services (Local Authorities) (Wales) Regulations 2005 (Welsh SI 2005 No.1512 (W.116))
• The Adoption Agencies (Wales) Regulations 2005 (Welsh SI 2005 No.1313 (W.95))

Guidance

New guidance that came into force on 1st April 2011:

• Adoption Statutory Guidance: Adoption and Children Act 2002: first revision: February 2011
• Additional amendments to the Statutory Adoption Guidance - issued on 19th April 2011

Earlier Guidance

In 2005 the Department for Education and Skills (DfES) published statutory guidance explaining the content of the regulations made under the 2002 Act and the duties and responsibilities that the regulations place on adoption agencies. This has been replaced but is still available on the archived Every Child Matters website.

Additional Guidance and Information

• Preparing and Assessing Prospective Adopters Practice Guidance (2006)
• Special guardianship
• Independent Reviewing Officers guidance (2004)
• Intercountry adoption guide (May 2003)
• Get it sorted - Providing effective advocacy services for children and young people making a complaint under the Children Act 1989

 National Minimum Standards
The Department for Education and Skills (DfES) published the following guidance

• Adoption: National Minimum Standards (came into force on 1st April)
• National Minimum Standards for Adoption Support Agencies (England)
• Addendum to the Adoption National Minimum Standards for voluntary adoption agencies in England and Wales and local authority adoption services in England

 Adoption Rules 2005, Practice Directions and prescribed court report forms

The new Family Procedure (Adoption) Rules, which came into force on 30th December 2005, mean that practice and procedure for all elements of adoption proceedings across all levels of courts are now governed by one set of rules. The DCS has published:

• Family Procedure (Adoption) Rules
• Practice Directions
• Forms and Accompanying Notes

Further information on adoption for court users and professionals has been published by Her Majesty's Courts Service (HMCS).

Other relevant information

BAAF Health and Social Report Forms

BAAF produces a number of forms which provide an integrated system for collecting information about children, birth parents and prospective adoptive parents or foster carers in line with current legislation. A list of the available forms can be found on the BAAF website. Any questions about the BAAF forms and electronic licenses should be put to Charlie Hore at Further sources of information on the bill

DfES leaflets

The Department of Education and Skills (DfES) produced a series of leaflets outlining the key changes introduced by the Adoption and Children Act 2002. These leaflets are aimed at service users and the general public:

• Adopting a child - transitional arrangements as the new law comes into force
• Your guide to adopting a child - new changes in the law
• Your guide to Special Guardianship - a new option for children needing permanent families
• Talking about adoption - for children under 10
• Talking about adoption - for young people over 10
• A guide for the child's parents on changes in the law
• A guide for the child's relatives on changes in the law
• Services for adopted adults who want to trace birth relatives

Welsh Assembly implementation information

The Welsh Assembly has created a web page containing links to documents released by the Assembly to help the relevant bodies implement the Adoption and Children Act 2002. The page includes information on regulations and guidance, and an archive of consultations on the Act www.wales.gov.uk/subichildren/content/adoption/adopt-children-act-2002-e.htm

Searching, access to records and making contact

A website providing information for anyone interested how the new law will affect access to adoption records, and making contact with birth or adopted relatives is available at www.adoptionsearchreunion.org.uk

Adoption order applications and fees - England and Wales

The court fee is £160 - regardless of the court to which the application is made - including Magistrates Courts. This fee applies to sibling groups too, however large, though you will have to fill in separate application forms for each child.
The adoption application can be made to ANY court - Magistrates (family proceedings court) or County (the County Court must be an adoption centre) - anywhere in England and Wales. The application does not need to be made to the court which previously granted a care order, freeing order or placement order, although details of any relevant previous orders will need to be included in the application.

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