Freeing children under a care order for adoption

Abstract

This thesis advocates the right of children under a care order to a family. However: Which Family? The Natural Parents, or a ‘new’ family capable of providing said children with adequate care conducive to their development and wellbeing? Once a care order is issued, it is rarely revoked prior to the child becoming of age, resulting in most children being deprived of enjoying a family with either their natural parents or ‘new’ parents. Hence, in most cases of prolonged care, or where there is no possibility of reuniting the child taken into out-of-home care with the natural family, adoption is the most adequate remedy in ensuring that the child’s Best Interests and the child’s right to family life is respected. It is only through adoption that the child’s ‘new’ family relations and the stability and permanence associated with the family are recognised by the Law. While writing this thesis, the House of Representatives is considering Bill 45 which proposes the introduction of a Child Protection Act. Through said Act, specific proceedings for the freeing of children under a care order for adoption are being proposed. This thesis compares the current legal regime with that proposed in the Bill. Through such analysis it emerges that the current regime is highly bureaucratic and sketchily regulated. The proposed regime provides a more systematic approach in freeing children under a care order for adoption and more legal certainty as to what are the rights and duties of all the parties involved in the process. Therefore, the legislative authorities ought to make the necessary amendments in the process of freeing children under a care order for adoption, especially since in this context the State is not only a service provider or guardian of these children’s rights, but is acting in loco parentis.