The Adoption Agencies (Wales) Regulations 2005

Requirement to provide counselling and information for, and ascertain the wishes and feelings of, the parent or guardian of the child and others —

14.—(1) The adoption agency must, so far as is reasonably practicable —

(a) provide a counselling service for the parent or guardian of the child;

(b) explain and provide written information to the child’s parent or guardian on the following matters—

(i) the procedure in relation to both placement for adoption and adoption;

(ii) the legal implications of—

(aa) giving consent to placement for adoption under section 19 of the Act (placing children with parental consent);

(bb) giving consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption);

(cc) a placement order; and

(iii) the legal implications of adoption; and

(c) ascertain the wishes and feelings of the parent or guardian of the child and of any other significant person the agency considers relevant in relation to —

(i) the matters set out in section 1(4)(f)(ii) and (iii) of the Act (matters the agency must have regard to);

(ii) the placement of the child for adoption and their adoption, including any wishes and feelings about the child’s religious and cultural upbringing; and

(iii) contact with the child if the agency is authorised to place the child for adoption or the child is adopted.

(2) This paragraph applies where the father of a child does not have parental responsibility for the child and the father’s identity is known to the agency.

(3) Where paragraph (2) applies and the adoption agency is satisfied it is appropriate to do so the agency must—

(a) carry out in respect of the father the requirements of paragraph (1)(a), (b)(i), and (iii) and (c) as if they applied to the father and

(b) ascertain so far as possible whether the father—

(i) wishes to acquire parental responsibility for the child under section 4 of the 1989 Act (acquisition of parental responsibility)(1); or

(ii) intends to apply for a residence order or contact order with respect to the child under section 8 of the 1989 Act (residence, contact and other orders with respect to children) or where the child is subject to a care order, an order under section 34 of the 1989 Act (parental contact with children in care).

(1)

Section 4 was amended by section 111 of the Act.