The Adoption of Children Act 1949 was an Act of the Parliament of the United Kingdom. This legislation liberalised various rules concerning adoption. Placement of children for adoption came under the supervision of local authorities, while adopted children were given inheritance rights. In addition, the legislation also rejected the notion, implied in the Children Act of 1926, that the mother had to know the identity of the adopter if she could reasonably give consent to adoption. The Act instead allowed the identity of the adopter to be concealed behind a serial number. The act was repealed on 5 November 1993.
Scope of Power to make Adoption Orders
This section explains that the mother and father of an infant child have the freedom to let someone adopt their child. But the choice has to be come to together. The child to be adopted may be from Wales or England and can be adopted by parents in Britain.
Restrictions on Making of Adoption Orders
In order to protect the adoptive children, restrictions on age are reinforced. No adoption will occur if the adopter is not at least 21 years old, is a relative of the infant, or is the mother or father of the infant.
Consent to Adoption
This section sets the rule to make sure all family members are in accordance to the adoption of the child. Consequently, an adoption will not take place unless the family of the infant agrees to it. Section 3, Number 1 reads: Requirements must be met to ensure the child’s best interests are at hand. If it is the parent or guardians wishes to not know who is going to adopt their child, those wishes will be respected. If they have specific things they’d like the child to be raised in such as a religion or a name they’d like the child to be called, that can be put on file and be afforded to them too.
Evidence of Paternity
The court needs to make sure that the children that are up for adoption are really the children of whoever is claiming to be the parents. Marital intercourse proof must be presented by both parties: wife and husband. Section 4, Number 1 reads:
Probationary Period
Section 5, Number 1 reads: Details are closely monitored in order to not cultivate unlawful virtues because of the adoption of a child. Section 5, Number 3 reads:
Arrangements made by Adoption Societies
If for some reason the adopted child must be returned to an adoption society such as a foster home, or orphanage, it is important that the child be left by his or her adopter, and met with a specific person that will accommodate their emotional needs. Section 6, Number 3 reads:
Local Authorities
There are “Local Authorities” that are part of the adoption counsel in any city, or state. Section 7, Number 1 reads, “Every such local authority as aforesaid has power in connection with their functions under any enactment relating to children to make and participate in arrangements for the adoption of children.” All local authorities had to the right to revise documents of potential adopters; they kept and could access records of children in the adoption societies; and legal measures could be taken if they found things that were not befitting
Citizenship of Adopted Children
This section makes clear that if the adoptive parents of a child are citizens of the United Kingdom, that child will be a citizen as well.
Treatment of Adopted Persons as Children of Adopters for Purposes of Intestacies, Wills and Settlements
This section makes clear that if the adoptive parents of a child are citizens of the United Kingdom, that child will be a citizen as well.
Provisions supplementary to s. 9
This section proclaims that an adopted person becomes the family member of anyone that is related to their adoptive parents. This section also states that all adoptions therefore must be done for the right reasons, not by intentions motivated by greed or gain.
Other Effects of Adoption Order
Marriage does not become invalid if one spouse has adopted a child and the other has not. Also if the father of a child decides he is going to bestow monthly or annual monies onto their child that has been adopted that will be repressed. If a mother were to bestow monthly monies onto her child that she had given up for adoption that would be acceptable, until she got married, then she would have to stop.
Registration of Adoption Orders
This section states that there are organized and kept records of children that were adopted, whom they were adopted by, when they were adopted, what their conditions were, how old the child and the parents were, all details would be put in the record. Section 12, Number 2 reads: where the precise date of the infant's birth is not proved to the satisfaction of the court, the court shall determine the probable date of his birth and the date so determined shall be specified in the order as the date of his birth; where the name or surname which the infant is to bear after the adoption differs from his original name or surname, the new name or surname shall be specified in the order instead of the original. If there was an infant who had not been requested to be adopted before, and now had someone interested in adopting them, their name and information would be directed to the Registrar General to cause the entry in the Registers of Births to be marked with the word “adopted." If there was an infant who had previously been the subject of an adoption order, the order would contain a direction to the Registrar General to cause the previous entry in the Adopted Children Register to be marked with the word “re-adopted." There are many more intricacies that are included in the Registration of Adoption Orders.
Definition of "Relative”
Section 13, Number 1 reads:
Interpretation and Construction
This section is making clear the type of appropriate dialogue and certain words that will be used during the adoption process and in the work of adoption. Section 14, Number 1 reads:
Application to Scotland
This section makes clear which sections in the Act can be referenced to for the Adoption of Children Act, 1926; Adoption of Children Act, 1930; the Children and Young Persons Act, 1933, and more. The United Kingdom worked closely with Scotland and their adoptive system, hence, the Registrar General for Scotland is often referenced to.
Short title, commencement and extent
Section 16 reads: This Act may be cited as the Adoption of Children Act, 1949. ' This Act and the principal Act and the Act of 1939 may be cited together as the Adoption of Children Acts, 1926 to 1949.; and this Act and the Adoption of Children Act, 1930, and the Act of 1939 may be cited together as the Adoption of Children Acts, 1930 to, 1949. This Act shall come into operation on the first day of January, nineteen hundred and fifty. This Act, except section eight, shall not extend to Northern Ireland.
