# Adoption of Children Act 1949

The Adoption of Children Act 1949 (12, 13 & 14 Geo. 6. c. 98) was an Act of the Parliament of the United Kingdom. This legislation liberalised various rules concerning adoption. Placement of children for adoption came under the supervision of local authorities, while adopted children were given inheritance rights. In addition, the legislation also rejected the notion, implied in the Adoption of Children Act 1926, that the mother had to know the identity of the adopter if she could reasonably give consent to adoption. The Act instead allowed the identity of the adopter to be concealed behind a serial number. The act was repealed on 5 November 1993.

## Scope of power to make adoption orders

This section explains that the mother and father of an infant child have the freedom to let someone adopt their child. But the choice has to be come to together. The child to be adopted may be from Wales or England and can be adopted by parents in Britain.

## Restrictions on making of adoption orders

In order to protect the adoptive children, restrictions on age are reinforced. No adoption will occur if the adopter is not at least 21 years old, is a relative of the infant, or is the mother or father of the infant.

## Consent to adoption

This section sets the rule to make sure all family members are in accordance to the adoption of the child. Consequently, an adoption will not take place unless the family of the infant agrees to it. Section 3, Number 1 reads:
       (a) in the case of a parent or guardian of the infant, that he has abandoned, neglected or persistently ill-treated the infant;
       (b) in the case of a person liable as aforesaid to contribute to the maintenance of the infant, that he has persistently neglected-or refused so to contribute;
       (c) in any case, that the person whose consent is required cannot be found, or is incapable of giving his consent or that his consent is unreasonably withheld.
Requirements must be met to ensure the child’s best interests are at hand. If it is the parent or guardians wishes to not know who is going to adopt their child, those wishes will be respected. If they have specific things they’d like the child to be raised in such as a religion or a name they’d like the child to be called, that can be put on file and be afforded to them too.

## Evidence of paternity

The court needs to make sure that the children that are up for adoption are really the children of whoever is claiming to be the parents. Marital intercourse proof must be presented by both parties: wife and husband. Section 4, Number 1 reads:

## Probationary period

Section 5(1) reads:
Details are closely monitored in order to not cultivate unlawful virtues because of the adoption of a child. Section 5, Number 3 reads:

## Arrangements made by adoption societies

If for some reason the adopted child must be returned to an adoption society such as a foster home, or orphanage, it is important that the child be left by his or her adopter, and met with a specific person that will accommodate their emotional needs. Section 6, Number 3 reads:

## Local authorities

There are 'local authorities' that are part of the adoption counsel in any city, or state.
Section 7(1) reads:
All local authorities had to the right to revise documents of potential adopters; they kept and could access records of children in the adoption societies; and legal measures could be taken if they found things that were not befitting.

## Citizenship of adopted children

This section makes clear that if the adoptive parents of a child are citizens of the United Kingdom, that child will be a citizen as well.

## Provisions supplementary to section 9

This section proclaims that an adopted person becomes the family member of anyone that is related to their adoptive parents. This section also states that all adoptions therefore must be done for the right reasons, not by intentions motivated by greed or gain.

## Other effects of adoption order

Marriage does not become invalid if one spouse has adopted a child and the other has not. Also if the father of a child decides he is going to bestow monthly or annual monies onto their child that has been adopted that will be repressed. If a mother were to bestow monthly monies onto her child that she had given up for adoption that would be acceptable, until she got married, then she would have to stop.

## Registration of adoption orders

This section states that there are organized and kept records of children that were adopted, whom they were adopted by, when they were adopted, what their conditions were, how old the child and the parents were, all details would be put in the record. Section 12(2) reads:
If there was an infant who had not been requested to be adopted before, and now had someone interested in adopting them, their name and information would be directed to the Registrar General to cause the entry in the Registers of Births to be marked with the word 'adopted'. If there was an infant who had previously been the subject of an adoption order, the order would contain a direction to the Registrar General to cause the previous entry in the Adopted Children Register to be marked with the word “re-adopted." There are many more intricacies that are included in the Registration of Adoption Orders.

## Definition of 'relative'

Section 13, Number 1 reads:

## Interpretation and construction

This section is making clear the type of appropriate dialogue and certain words that will be used during the adoption process and in the work of adoption. Section 14, Number 1 reads:

## Application to Scotland

This section makes clear which sections in the Act can be referenced to for the Adoption of Children Act 1926; Adoption of Children (Scotland) Act 1930; the Children and Young Persons Act 1933, and more. The United Kingdom worked closely with Scotland and their adoptive system, hence, the Registrar General for Scotland is often referenced to.

## Short title, commencement and extent

Section 16 reads:
   (2) This Act and the principal Act and the Act of 1939 may be cited together as the Adoption of Children Acts, 1926 to 1949. and this Act and the Adoption of Children (Scotland) Act, 1930, and the Act of 1939 may be cited together as the Adoption of Children (Scotland) Acts, 1930 to, 1949.
   (3) This Act shall come into operation on the first day of January, nineteen hundred and fifty.
   (4) This Act, except section eight, shall not extend to Northern Ireland.