HC Deb 31 January 2001 vol 362 cc215-6W
Mr. Llwyd

To ask the Secretary of State for Health if he will list the statutory provisions which apply to(a) the adoption of children through the internet and (b) adoption agencies' use of the internet. [146602]

Mr. Hutton

Only councils and approved voluntary adoption agencies may advertise (on the internet and elsewhere) children for the purposes of adoption. Anyone else who does this is committing an offence under section 58(1) of the Adoption Act 1976.

Section 58(1) of the Adoption Act 1976 provides that it is unlawful for any advertisement to be published indicating:

  1. (a) that the parent or guardian of a child desires to cause a child to be adopted;
  2. (b) that a person desires to adopt a child; or
  3. (c) that any person (not being a local authority or voluntary adoption society approved by the Secretary of State) is willing to make arrangements for the adoption of a child.

Making arrangements for the adoption of a child is defined in section 72(3) of the Adoption Act 1976 as amended by section 13 of Adoption (Intercountry Aspects) Act 1999.

Section 58(2) provides that any person who causes to be published or knowingly publishes an advertisement in contravention of section 58(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. The law applies equally to the internet as it does to any other medium.

I wrote to the United Kingdom Internet Service Providers Association on 19 January, informing them that if they become aware of any material on one of their Internet Service Providers advertising children for adoption that is not run by a local authority or approved adoption agency, they must remove it. If they failed to do so then they will be committing an offence and may face prosecution.