|
|
Circumstances where no pre-placement consultation
|
| |
8. The Principal Act is amended by the substitution of the following section for section 18:
|
| |
“18. (1) If an accredited body is unable to consult a relevant non-guardian of a child for the purposes of section 17(2), the accredited body shall in a form and manner approved by the Authority, notify the Authority to that effect.
|
| |
(2) The Authority may, if satisfied that the accredited body has taken such steps as are reasonably practicable to consult any relevant non-guardian, authorise the accredited body to place the child for adoption.
|
| |
(3) At any time after being so authorised under subsection (2) the accredited body may place the child for adoption, but only if the accredited body has not been contacted by a relevant non-guardian indicating that he or she objects to the placement.
|
| |
(4) Where upon application to it by an accredited body that proposes to place a child for adoption, the Authority is satisfied that, having regard to—
|
| |
(a) the nature of the relationship between the relevant non-guardian and the person who proposes or persons who propose to place the child for adoption, or
|
| |
(b) other than in a case where the relevant non-guardian of the child is a person referred to in paragraph (b), (c) or (d) of the definition of ‘relevant non-guardian’, the circumstances of the conception of the child,
|
| |
it is inappropriate for the accredited body to contact the relevant non-guardian in respect of the placement of the child concerned—
|
| |
(i) the Authority may, after obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and
|
| |
(ii) the accredited body may, at any time after being so authorised, place the child for adoption.
|
| |
(5) If the identity of the father, referred to in paragraph (a) of the definition of ‘relevant non-guardian’ (in this section referred to as ‘that father’), is unknown to an accredited body and the mother or guardian will not disclose the identity of that father, the accredited body shall—
|
| |
(a) counsel the mother or guardian concerned in order to attempt to obtain his or her or their, as the case may be, co-operation, advising such person or persons—
|
| |
(i) that the adoption may be delayed,
|
| |
(ii) the possibility of that father of the child contesting the adoption at some later date,
|
| |
(iii) that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of that child, and
|
| |
(iv) such other matters as the accredited body considers appropriate in the circumstances,
|
| |
and
|
| |
(b) where the mother or guardian concerned, after counselling, will not disclose the identity of that father, furnish the Authority with a written report of the counselling that the accredited body has so provided.
|
| |
(6) Where the Authority receives a written report referred to in subsection (5)(b), and is satisfied that the accredited body—
|
| |
(a) has taken such steps as are reasonably practicable to obtain the co-operation of the mother or guardian, and
|
| |
(b) has no other practical way of ascertaining that father’s identity, then—
|
| |
(i) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and
|
| |
(ii) the accredited body may, at any time after being so authorised, if it has not ascertained the identity of that father, place the child for adoption.
|
| |
(7) Where the mother or guardian of a child provides or provide, as the case may be, an accredited body with a statutory declaration stating that he or she or they, as the case may be, is or are unable to identify that father, then—
|
| |
(a) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and
|
| |
(b) the accredited body may, at any time thereafter, place the child for adoption, if the accredited body has not any other practical way of ascertaining that father’s identity.”.
|