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Forced adoption is the practice of removing children permanently from their parents and the subsequent adoption of those children, following intervention by the Children's Services department of a Local Authority in the United Kingdom. Former British Member of Parliament John Hemming is a long-standing and vocal critic of the system and estimates that "over 1,000" of the 1,360 adoptions carried out without the parents' consent in 2010 may have been undertaken "wrongly". There are several studies that discuss the laws concerning adoption without parental consent in European jurisdictions:

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  • Forced adoption in the United Kingdom (en)
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  • Forced adoption is the practice of removing children permanently from their parents and the subsequent adoption of those children, following intervention by the Children's Services department of a Local Authority in the United Kingdom. Former British Member of Parliament John Hemming is a long-standing and vocal critic of the system and estimates that "over 1,000" of the 1,360 adoptions carried out without the parents' consent in 2010 may have been undertaken "wrongly". There are several studies that discuss the laws concerning adoption without parental consent in European jurisdictions: (en)
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  • June 2013 (en)
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  • CONCERNS ABOUT THEIR OWN NATIONALS BEING FORCIBLY ADOPTED IN THE UK? ABOUT THE PRACTISE IN THEIR OWN COUNTRIES? GLOBALLY???? (en)
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  • Forced adoption is the practice of removing children permanently from their parents and the subsequent adoption of those children, following intervention by the Children's Services department of a Local Authority in the United Kingdom. Former British Member of Parliament John Hemming is a long-standing and vocal critic of the system and estimates that "over 1,000" of the 1,360 adoptions carried out without the parents' consent in 2010 may have been undertaken "wrongly". The leading activist group aiming to bring change and give those families a voice is the Forced Adoption Network in the UK. They have supported many families to ensure their family rights are not breached and provide a level of expert support to protect and keep families together with an alternative option for foster care or adoption. Hemming has been subject to criticism in turn that he does not explain how he is able to make this assertion and on what criteria he judges such adoptions to have been 'wrong'. For example, Martin Narey, ministerial adviser on adoption and former chief executive of Barnardo's, disagreed, stating, "Overwhelmingly in all the cases that I have looked at, in all the research I have read I don't think there's anything to suggest that a significant proportion of those are inappropriate". The government of the United Kingdom states that children are only removed and adopted out without parental consent when it is in the child's best interests to do so and when 'nothing else will do'. There is a legal process that must be followed and the decision ultimately rests with a judge who must decide the evidence against the parents on the balance of probabilities. Section 31 of the Children Act 1989 requires that children only be removed from their parents if they have suffered, or are likely to suffer, significant harm. Critics have objected that the term 'risk of significant harm' is wrongly taken as the threshold by lawyers and judges alike, giving social workers too much leeway to remove children - all children are at risk, high or low. Julie Haines, of the pressure group Justice for Families, stated in 2012 that "Parliament has given the courts free rein to define the term 'significant harm' within case law authorities and has not deemed it necessary to provide a definitive meaning within the Children Act 1989. There is no check list of harm, no clues as to what the courts could be looking for." Concern has also been raised over section 14 of the which sets a statutory time limit of 26 weeks by which time care proceedings must conclude, unless there are 'exceptional' reasons for an extension of time. The making of a 'care order' does not necessarily mean that a child will go on to be adopted, but if a final care order is made on the basis that the parents are not able to care for their child, it is difficult for the parents to then argue that their child should be returned to their care unless they are able to make significant changes to their circumstances. The child will then require a permanent home elsewhere, the options being placement with other family members, long term foster care or adoption. There are several studies that discuss the laws concerning adoption without parental consent in European jurisdictions: * Council of Europe (CoE) Social services in Europe: legislation and practice of the removal of children from their families in Council of Europe member States by Committee on Social Affairs, Health and Sustainable Development Ms Olga BORZOVA, Russian Federation Doc 13730 from 13 March 2015 * Requested by the European Parliament: Adoption without Consent IPOL_STU(2015)519236_EN by Dr Claire FENTON-GLYNN, King’' College London from 7 July 2015. * In 2021 the UK Parliament's Joint Committee on Human Rights was to hold an inquiry into the forced adoption of babies of unmarried mothers in the 1950s, 1960s and 1970s; parents forced to give up their babies for adoption were being asked to give evidence to a new investigation. (en)
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