Regulation 14 Requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and othersC1

England and Wales

(1)

The adoption agency must, so far as is reasonably practicable—

(a)

provide a counselling service for the parent or guardian of the child;

(b)

explain to him—

(i)

the procedure in relation to both placement for adoption and adoption;

(ii)

the legal implications of—

(aa)

giving consent to placement for adoption under section 19 of the Act;

(bb)

giving consent to the making of a future adoption order under section 20 of the Act; and

(cc)

a placement order; and

(iii)

the legal implications of adoption,

F1(iv)

the legal implications of a child being placed in accordance with section 22C of the 1989 Act with a local authority foster parent who is also a prospective adopter following consideration in accordance with section 22C(9B)(c) of that Act.

and provide him with written information about these matters; and

(c)

ascertain the wishes and feelings of the parent or guardian of the child and, of any other person the agency considers relevant, regarding—

(i)

the child;

(ii)

the placement of the child for adoption and his adoption, including any wishes and feelings about the child's religious and cultural upbringing; and

(iii)

contact with the child if the child is authorised to be placed for adoption or the child is adopted.

(2)

Paragraph (1) does not apply if the agency is satisfied that the requirements of that paragraph have been carried out in respect of the parent or guardian and any other person the agency considers relevant by another adoption agency.

(3)

This paragraph applies where the father of the child does not have parental responsibility for the child and the father's identity is known to the adoption agency.

(4)

Where paragraph (3) applies and the adoption agency is satisfied it is appropriate to do so, the agency must—

(a)

carry out in respect of the father the requirements of paragraph (1)(a), (b)(i)F2, (iii) and (iv) and (c) as if they applied to him unless the agency is satisfied that the requirements have been carried out in respect of the father by another agency; and

(b)

ascertain so far as possible whether the father—

(i)

wishes to acquire parental responsibility for the child under section 4 of the 1989 Act (acquisition of parental responsibility by father)M1 F3, or paragraph 4ZA of the 1989 Act (acquisition of parental responsibility by second female parent); or

(ii)

intends to apply for a F4child arrangements order with respect to the child under section 8 of the 1989 Act (F5child arrangements orders and other orders with respect to children) or, where the child is subject to a care order, an order under section 34 of the 1989 Act (parental contact etc. with children in care).

Annotations

Textual amendments

F1: Reg. 14(1)(b)(iv) inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 6(a)
F2: Words in reg. 14(4)(a) substituted (25.7.2014) by virtue of The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 6(b)
F3: Words in reg. 14(4)(b)(i) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 13 (with Sch. 4)
F4: Words in reg. 14(4)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 10(a)
F5: Words in reg. 14(4)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 10(b)

Marginal citations

M1: Section 4 was amended by section 111 of the Act.

Modifications

C1

Reg. 14 applied (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 37