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Adoption: 5 (CAN AN ADOPTED CHILD FIND HIS/HER BIOLOGICAL PARENTS (Medical…
Adoption: 5
CAN AN ADOPTED CHILD FIND HIS/HER BIOLOGICAL PARENTS
Modern trend favours "open-adoptions"
Post-adoption agreements may allow for ongoing communication between adopted child & biological parents OR may give child or biological parents' rights to certain info
Adopted children or their biological parents may also find each other through adoption register :red_flag:
According to s248 :check: , an adopted child may access info contained in adoption register once he/she reaches 18
The adoption register contains;
PERSONAL DETAILS OF ADOPTED CHILDREN, THEIR BIOLOGICAL PARENTS, THEIR ADOPTIVE PARENTS
:red_flag:
NOTE; the biological parent of an adopted child may also have access to info in adoption register after child has reached 18
BUT ONLY IF ADOPTIVE PARENT & ADOPTED CHILD GIVE THEIR CONSENT IN WRITING :red_flag:
Medical info about child is treated slightly differently
Adopted child & adoptive parent are entitled to any medical info in adoption register concerning adopted child or biological parents of adopted child, if such info relates to the child
WHAT ARE THE EFFECTS OF CANCELLING AN ADOPTION ORDER
As from the date that rescission of adoption order takes effect, legal consequences of the adoption order no longer apply :red_flag:
All responsibilities & rights acquired by adoptive parent WRT child are terminated
Parental responsibilities & rights of biological parents or other guardians that were terminated ITO s242 :check: are restored
Parent-child relationship goes back to way it was before adoption
When cancelling an adoption order;
court may make an appropriate placement order OR order that the child be kept in temp safe care until appropriate placement can be made
:red_flag:
HOW DO YOU CANCEL AN ADOPTION ORDER
:warning: :red_flag:
A HC or children's court may rescind an adoption order if an application is brought to court by adopted child/ biological parent/ guardian of child, before adoption OR adoptive parent
This application must be lodged with court within reasonable time BUT not exceeding 2 years from date of adoption
An adoption order may only be rescinded if; :red_flag:
Is in best interest of child
Applicant is parent of child whose consent was required but not obtained
At the time of the adoption order, the adoptive parent did not qualify to be an adoptive parent ITO s231 :check:
Notice of the rescission of an adoption order must be given;
To the adoptive parent (if any other person brings the application)
To all persons who have consented to the adoption or withheld consent (if the child or adoptive parent brings the application)
To the central authority in the case of
an inter-country adoption
To any other person whom the court finds has sufficient interest in matter
WHAT ARE INTER-COUNTRY ADOPTIONS
Those in which adoptive parents live in diff country from child :star: :red_flag:
Is regulated by
Chapter 16 of children's Act :warning:, which gives effect to "THE HAGUE CONVENTION ON INTER-COUNTRY ADOPTION"
This chapter provides for recognition of certain foreign adoptions
Facilitates finding fit & proper adoptive parents
Generally regulates aspects of inter-country adoptions
ARE PAYMENTS ALLOWED FOR AN ADOPTION
s249(1) :check: states;
no person may give or receive or agree to give/ receive any consideration, in cash or kind, for adoption of child or to induce a person to give up a child for adoption
:red_flag:
Object of this provision :star: is to prevent abuse of adoption process & prevent trafficking of children
However, above section does not apply to biological mother of child receiving compensation for reasonable medical expenses incurred in connection with her pregnancy/ birth of child & follow up treatment/ counselling or any other prescribed expenses