a) Adoption agencies in relation to a person's adoption.

b) Information that adoption agencies must disclose to adopted adults on request. ('Protected information')

c) Information that courts must release to adopted adults on request.

d) Information that adoption agencies may release to adopted adults, birth parents and others.

However, these provisions will only apply to adoptions that take place after the Act was implemented.

An adopted adult can apply to the appropriate adoption agency for 'protected information' about a person involved in an adoption, such as the adopted person, his birth parents or the adoption social worker.

'Protected information' is defined as any identifying information sought by someone other than the person it is about. It would include names, residential, educational and employment addresses, case records, legal and medical information as well as photographs and audio-visual material. It also includes any information held by an adoption agency which, was obtained by the Register General or any other information that would enable an adopted person to obtain a certified copy of his birth record or any information about an entry in the Adoption Contact Register about the adopted person.

Adoption agencies have a discretion to disclose information, which is not 'protected information', to an adult adopter or other persons including the birth parents - e.g. background information about the child's progress.

An adoption agency, which discloses information in contravention of the Act commits a criminal offence and will be liable on conviction to a fine.

The Act also enables the High Court to order, in exceptional circumstances, that an adoption agency withhold information which might otherwise enable the adopted adult to obtain a certified copy of his/her birth record.

The adoption agency is to become the single point of access to identifying information as it is believed that they are the bodies best placed to provide the support and counselling needed.

For adoptions that took place before the Act came into force, provisions are made to allow the Secretary of State to introduce measures which would allow adoption support agencies to provide intermediary services to assist adopted adults to obtain information about their adoption and facilitate contact between them and their birth relatives.

Adoption Register

The Adopted Children Register is to be a register of adoptions taking place in England & Wales and will be kept in the General Register Office, but the Register itself is not open to public inspection or search. However, the index of the Register is available for inspection and anyone can apply on payment of a fee for a certified copy of an entry in the register relating to a child who has reached 18.

An adopted person can apply to obtain a copy of their birth certificate but the Local Authority must make the application.

The Adopted Contact Register is also a register to be kept at the General register office and again the register itself is not available for public inspection and search but it is possible to apply for certified copies of entries in the register.

The register will contain information about adopted persons who have given notice expressing a wish to make contact with their relatives and who have reached 18.

b) Married couples applying jointly.

c) Unmarried couples applying jointly (whether of different sexes or the same sex).

d) A Step-Parent (provided the child has had his/her home with them for at least six months preceding the application).

e) Foster carers (provided the child has had his/her home with them for at least 12 months preceding the application, although they can apply for permission from the court to apply within a shorter period).

f) Lesbian and gay couples.

g) Others not fitting into the above category (e.g. a partner of the child's parent) - the child must have had his/her home with them for at least three years preceding the application.

To be considered as adoptive parents, a "couple" (married or unmarried) would need to prove they have a stable and lasting relationship and that they can provide a loving family environment for a child. There is also a continuing restriction as to age and domicile.

The Adoption and Children Act 2002 received Royal Assent and therefore became law on 7th November 2002. However, the Act finally came into full effect on 30th December 2005.

The Act overhauls and modernises the legal framework for domestic and inter-country (overseas) adoption and in particular  replaces provisions of the outdated Adoption Act 1976.

It also puts adoption law in line with the existing provisions of the Children Act 1989 to ensure the child's welfare is the paramount consideration in all decisions relating to adoption.

There is now a duty placed on local authorities to maintain an adoption service and provide adoption support services.

The Act also  provides for adoption orders to be made in favour of single people, married couples and unmarried couples.

It introduces a new independent review mechanism for prospective adopters who feel they have been turned down unfairly and provides a new system for accessing  information held in adoption agency records or by the Register General about any adoptions which take place after the Act came into force.

It also established an Adoption and Children Act Register to suggest links between children and approved adopters.

As far as overseas adoption is concerned the Act  provides additional restrictions on bringing a child into the UK for adoption and sets out  restrictions on arranging adoptions and advertising children for adoption.

It also brought in new court rules governing the making of adoption orders and measures requiring the courts to draw up timetables for adoption cases to be heard. Freeing orders are now replaced for "placement orders".

The Act went beyond just adoption issues and gave the unmarried father for the first time the right to acquire parental responsibility for his natural child where he and the child's mother register the birth of their child together. It also  introduced arrangements for step-fathers to acquire parental responsibility.

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If the application is made by a couple (whether married or unmarried), both of them must have been habitually resident in the British Isles for at least one year preceding the application or one of them must have been domiciled in a part of the British Isles.

If the adoption is through an adoption agency, the adoption application cannot be lodged until the child has been with the applicants for at least 10 weeks.

Either the permission of the birth parents (or if this is not forthcoming) then a "placement order" from the court which would authorise the local authority to place the child with adopters they have selected.

Challenging Decisions of Adoption Agencies

The Act provides for the establishment of a review procedure in respect of decisions made by adoption agencies regarding adoption. A person in respect of whom a decision has been made regarding adoption will be able to apply to a review panel for a review of the decision. The intention is to give the prospective adopters a right to request a referral to a panel run by an independent organisation where an adoption panel indicates that it is minded to turn down their application to adopt.

It is also intended that this independent review mechanism will also be used to review decisions made by adoption agencies concerning the disclosure of protected information held by the agency, where the Agency has a discretion under the Act as to whether to disclose such information.

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