A draft Adoption Bill was published for consultation on 28 March 1996.

This is a relatively new procedure that gives interested parties an opportunity to comment.

The aim of the Bill is to update adoption law and bring it into line with the principles set out in the Children Act 1989 (Children Act), to introduce some changes in domestic adoption and to legislate specifically for inter-country adoption, enabling the UK to ratify the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (the Convention).PararnountcyThe Bill provides that the welfare of the child is paramount instead of the first consideration (as in the Adoption Act 1976 (the 1976 Act)).

This is in line with the Children Act.

The Bill also sets out a checklist of factors to be taken into consideration when a court or adoption agency considers a decision relating to the adoption of a child.The welfare of the child is also paramount when the court is considering whether to dispense with the consent of a parent or guardian, either on an application to place the child for adoption or to make an adoption order.

This is to become the main ground for dispensing with consent.New provisions for adoptionThe Bill provides a new system for placing children for adoption.

Its aim is to bring any contest as to whether the child should be adopted to a much earlier stage.

Other alternatives may be considered by providing that an agency may not place a child for adoption without the consent of a parent or guardian, or an order of the court.

Where a parent consents, they may do so to a specific placement or to one with whichever prospective adopters the agency deems suitable.Where a parent or guardian has not consented to placement for adoption, or where the local authority has obtained a care order for a child, or intends to apply for one, and the agency is satisfied that the child should be adopted, it is under a duty to apply for an order from the court before the child may be placed for adoption (cl 23).

The court may only make a placement order where it is satisfied that a parent or guardian consents, or that such consent should be dispensed with.

A placement order gives the adoption agency parental responsibility and the authority to place a child for adoption with any prospective adopters they think appropriate and who will then have parental responsibility instead of the agency (cl 22).

If the placement breaks down, parental responsibility reverts to the agency, and the order allows them to place the child with new prospective adopters without going back to court.A child cannot be removed by parents providing the placement order is in force (cl 32).

An agency can apply to revoke a placement order at any time but a parent can only apply in very limited circumstances.

The order will continue until the child reaches the age of 18, or an adoption order is made.Adoption ordersOne of three conditions must be satisfied before an adoption order can be made (cl 41).

The first condition is that the court must be satisfied that a parent or guardian consents to the adoption, or that their consent should be dispensed with, or that they consented to both placement and adoption (cl 26).

The second condition is that a child has been placed for adoption by consent or under a placement order by an adoption agency, and the parent or guardian does not oppose the making of the adoption order.

A parent may only oppose an order if he or she can satisfy the court that there has been a change in circumstances and obtains the leave of the court.

The final condition is that a freeing order has been made by the court.Inter-country adoptionThe UK signed the Convention on 12 January 1994.

It cannot ratify the Convention until it has the necessary legislation in place.The Bill enables regulations to be made which will give effect to the Convention.

Outline regulations are included in the consultation package.

It is intended that there will be separate regulations for each part of the UK.

The regulations outline the procedure where prospective adopters in the UK want to adopt from another Convention country, and where prospective adopters in another Convention country want to adopt a child from the UK.

The essentials are to ensure that the prospective adopters are approved as suitable; that the necessary consents have been given for a child to be adopted; and that it is in the child's best interests.

An adoption cannot proceed until the central authority (the Department of Health for England and Wales) in both countries ha ve agreed it may do so.Once an adoption order is made under the Convention (whether it is in the UK or elsewhere) a certificate will be issued under art 23 of the Convention and the adoption will be recognised in all Convention countries.Non-Convention adoptionsA similar process will apply to persons wanting to adopt a child from a country which has not yet ratified the 1993 Hague Convention.

They will also need to apply to their local authority or an approved adoption society for assessment.

If successful, they will be given a certificate of approval by the Department of Health.It will be an offence to bring a child into the UK for the purpose of adoption unless a certificate of approval has been obtained (see cl 91).

Where an adoption order is obtained in an overseas dependent territory or in a country with whom the UK has a formal bilateral agreement, the adoption will be recognised in the UK.

In other cases, it will be necessary to apply for an adoption order after the child has entered the UK.MAIN POINTS OF THE DRAFT BILL-- Welfare of child paramount.- Welfare checklist.-- Consent dispensed with if welfare of child requires it.-- No child placed for adoption without consent of parent or placement order.-- New alternatives to adoption: step-parent parental responsibility agreements/orders; and enhanced residence orders - extension to 18.-- New complaints procedure.-- Procedure for inter-country adoptions.