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Re F (Children) [2006] EWCA Civ 1345

Where proceedings for adoption were brought under the Adoption and Children Act 2002 in respect of a child who had been freed for adoption under the Adoption Act 1976, the court should follow the procedure under the 1976 Act unless any provision of the 2002 Act or the Family Procedure (Adoption) Rules 2005 required the court to do otherwise. Nothing in either the 2002 Act or the 2005 Rules required the court to give notice of the proceedings to the natural parents in the instant case.

27 October 2006

The appellants (X), who were the prospective adopters of two children (C), appealed against an order that stipulated certain conditions in respect of their adoption application under the Adoption and Children Act 2002. C had been subject to care orders under Part IV of the Children Act 1989. They were later freed for adoption pursuant to s 18 of the Adoption Act 1976, the effect of which, in the circumstances, was not limited to depriving the natural parents of parental responsibility, but also limited the adoption agency’s duty towards the natural parents under s 19 of the 1976 Act to informing them that an adoption order had been made. C were placed for adoption with X who instituted the adoption proceedings pursuant to s 46 of the 2002 Act. The judge held that there was nothing in the 2002 Act that reinstated the parental responsibility of the natural parents, but that parents without parental responsibility should be given an opportunity to say what they wished about what orde...

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