The Legal Functions of Adoption

Abstract

At each stage of the adoption process a distinct set of legal functions comes into play that are now readily recognised. They have clear roles in a statutorily defined process that, at least in contemporary western societies, is now well established and to a varying degree regulated throughout its sequence of quite distinct stages. Entry to the process is controlled through the application of threshold criteria to all parties. Placement of the child is subject to an authorised consent. Supervision of the child, after placement and until determination of proceedings, is usually a statutorily ascribed responsibility. The outcome of an adoption application is determined with regard to the rights of the parties but in accordance with the principle of the welfare of the child and may result in the issue of a conditional order or in an order other than the one sought. Finally, the effects of an adoption order, the possible availability of post-adoption support and of long-term services relating to information disclosure, tracing and possible re-unification and the responsibilities of the parties concerned are usually set by statute.