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Ministers backtrack over adoption legislation

Posted: 23 January 2001 | Subscribe Online


The government has backtracked from its announcement that adoption legislation would be pushed through before a general election following the furore over the twins adopted from the USA over the internet by a British couple.

Prime minister Tony Blair told the House of Commons last week "we intend to introduce legislation on it [adoption] in this session". Three days later, however, speaking on BBC Radio 4's Today programme, health minister John Hutton indicated that it would not happen so soon when he said: "We want to legislate this year. It is a top priority for us."

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The department of health said there was no date set to put through the white paper on adoption, but it would happen "as soon as possible".

Felicity Collier, chief executive of the British Agencies for Adoption and Fostering, welcomed the decision: "The next domestic adoption legislation is of such critical importance that it must not be rushed through."

Alan and Judith Kilshaw from Buckley, in north Wales, caused a storm of protest by adopting twin baby girls from an agency in Arkansas, USA, after making contact on an internet site. The twins' natural mother Tranda Wecker said she wanted them back, and another American couple claimed they had also paid to adopt the children.

The twins were taken into care by Flintshire social services department last week. The decision was taken following a visit to the family by two experienced social workers, and a further visit by social workers and police officers. The council has not revealed on what grounds the children were taken into care.

The council obtained an emergency protection order from a magistrate at Flintshire family proceedings court.

Last week, Blair said that the Adoption (Intercountry Aspects) Act 1999 would be brought into force by the end of the year. Although the act is now law it is awaiting regulations, which the government has said it will consult on shortly. The act will allow the UK to ratify the 1993 Hague Convention on Protection of Children and Co-Operation in respect of Intercountry Adoption. Thirty countries have ratified the convention - it is believed the USA does not intend to ratify it until 2002.

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The USA's failure to sign up to the Hague Convention should mean that adoption arrangements between Britain and America are prohibited. However, a loophole exists under the Adoption (Designation of Overseas Adoptions) Order 1973, whereby a number of countries are listed whose adoption orders are recognised in the UK - and the USA is on this list.

The government has enacted one clause of the Adoption (Intercountry Aspects) Act which makes it illegal to adopt using private home study reports. Home study assessments must be prepared by social workers employed by local authorities or by approved adoption agencies in England.

But following the Kilshaw case, Alan Milburn, health secretary, intends to accelerate implementation of a regulation under the act. This will make it an offence carrying a prison sentence for adults to bring a child into the UK for adoption from abroad if they have not been approved as suitable by the relevant authorities in the UK.

They could face a prison sentence of three months and/or a fine of £5,000. This measure is expected to be in place by April.

 

 

 

 



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