Section 10 of the Adoption of Children Act (Chapter 275) ensures that the people with a stake in a child’s future learn of an adoption application.
The Court shall not make an order for the adoption of a child unless the applicants have given not less than 14 days’ notice of the application —
(a) to any person whose consent to the adoption is required under section 15 but whose consent has not been given; and
(b) to any person (not being a person whose consent is required under that section) with whom the child resides, or who has the care or custody of the child.
Who receives notice
| Paragraph | Who | Why |
|---|---|---|
| (a) | A person whose consent is required under s 15 but has not been given | They may consent, oppose, or resist an application to dispense with their consent |
| (b) | A person with whom the child resides, or who has the care or custody of the child — other than a person in category (a) | They are raising the child and may wish to be heard |
The person actually raising a child is frequently not a parent or a legal guardian — a grandmother, an aunt, an older sibling, or a family caring for the child under custom.
Paragraph (b) gives that person notice even though their consent is not required. They may then apply under section 11 to be joined as a party to oppose the application.
Note also that section 1 defines “guardian” to include a guardian by custom — so a customary guardian is often a section 15 person whose consent is required, and falls within paragraph (a) rather than paragraph (b).
Paragraph (a) requires notice only to a person whose consent is required but not given. A parent who has already signed an instrument of consent need not be notified — they have had their say.
That parent retains a separate protection: under section 17, a consent may be revoked by written notice served on the Registrar within 30 days of signing, or before an adoption order is made, whichever is earlier.
Section 10(2) — the applicants are not named
A notice referred to in subsection (1) shall not specify the name or names of the applicants or identify them.
Section 10(2) preserves the anonymity of the adopters from the birth family. It is not incidental — it runs through the whole Act:
- Section 16(1) — every consent is a general consent, to adoption by any person or persons in accordance with the law, unless it is expressed in favour of a relative;
- Section 14(1)(a) — at the end of the hearing the judge seals in an envelope every document containing information as to the identities of the child and of the parents and guardians, and delivers it to the Director;
- Section 14(1)(b) — the applicants receive only an abridged copy of the order;
- Section 62 — hearings are in camera; section 63 — identities of certain persons are not to be revealed; section 45 — restriction on publication of the identity of parties.
The birth parent is told that an application has been made, and may oppose it — but is not told who the applicants are.
Sections 10(3) and (4)
On written application, the Court may dispense with the giving of a notice under subsection (1).
Where it appears to the Court to be necessary in the interests of justice to do so, the Court may direct that notice of an application for an adoption order be given to any person.
Subsection (3) allows notice to be dispensed with — typically where the person cannot be found, which is also a ground for dispensing with consent under section 21(1)(a).
Subsection (4) allows the Court to require notice to someone section 10(1) does not cover, where the interests of justice demand it — a natural father whose consent is not required for an illegitimate child under section 15(2)(b), for instance, or a relative with a strong claim to be heard.
Both discretions are exercised under section 5: the welfare and interest of the child as the paramount consideration.
The 14 days is a minimum. A person notified who wishes to oppose should apply promptly under section 11 to be joined as a party, since section 11 permits joinder for the purpose of opposing the application or opposing an application to dispense with the consent of a person.
Sources
- Adoption of Children Act (Chapter 275) — ss 1, 5, 10, 11, 14–17, 21, 45, 62, 63
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.