§ Mr. LivingstoneTo ask the Secretary of State for Health what are the rules governing transfer of consent by the natural parents on cases of adoption of foreign national children; and what assessment he has made of the compliance of the procedures in the case about which he has been informed with those rules. [29190]
325W
§ Mr. BowisWhere an adoption application has been made to a court in England and Wales in accordance with the Adoption Act 1976, the court may not make an adoption order unless it is satisfied that the child is free for adoption and that agreement of the parent or guardian to the adoption has been obtained. Before making an adoption order, section 16 of the 1976 Act requires the court to satisfy itself that such consent has been given freely and with full understanding of what is involved and that each parent has agreed unconditionally to the making of the adoption order.
Rules of court require that a guardian ad litem be appointed by the court in any case where consent is not given or there are special circumstances. In cases of consent, a reporting officer will be appointed. If he has any doubt about the validity of the consent, the court will consider whether to appoint a guardian. In the High Court, this is the official solicitor unless he declines to act or one of the parties objects. It is the duty of the guardian ad litem to investigate the application and prepare a report for the court.
Parental agreement to the making of an adoption order may be dispensed with by the court in certain prescribed circumstances. These provisions apply to all adoption applications irrespective of the country of origin of the child concerned. Similar provisions apply in Scotland and Northern Ireland.