Clause 18 - PLACING CHILDREN WITH PARENTAL CONSENT

Part of Adoption and Children Bill – in a Public Bill Committee am 10:00 am ar 29 Tachwedd 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Jacqui Smith Jacqui Smith Minister of State, Department of Health, Minister of State (Department of Health) 10:00, 29 Tachwedd 2001

We certainly agree that one of the advantages of the placement provisions is that they ensure that the difficult issues of consent and placement are dealt with much earlier in the process and that there are two routes—one through the courts, via a placement order. However, I still contend that it is right to provide a route through which parents can voluntarily consent that their children be placed for adoption with, of course, the proviso that they can withdraw that consent at any point up to the time when an application is made for an adoption order. My hon. Friend may have qualms about the removal provisions, but it is important to remember that. We are not asking parents to consent and then to find that there is no way out; parents can consent and then even in the case of advanced consent, to which we will come in a moment, they can withdraw that consent at any point up to the time when an application is made.

My hon. Friend also raised points about parental responsibility, questioning the way in which it is shared under the provisions for placement with consent. I hope that I can reassure him. Parental responsibility can not be shared unless the birth parent consents or a placement order has been made through a court case. Parental responsibility is not transferred; we need to be clear about that. We should remind ourselves of the present system. Under freeing orders, parental responsibility was transferred; it was taken away from birth parents and given to the adoption agency, and thus no longer remained with birth parents. Alternatively, in the case of children who were already in care, an application for an adoption order was made without the issue of consent having been addressed. As I said earlier, the placement provisions overcome the fait accompli that birth parents faced under the old system. Under the new placement provisions, parental responsibility will not be transferred; it will be shared between birth parents, the adoption agency and, as the placement goes on, the prospective adopters.