VPRS 11836 Court of Petty Sessions, Adoption Case Files

Full description

The adoption of children was first regulated by legislation with the commencement of the Adoption of Children Act 1928. This Act established adoption as a legal transfer of custody and of parental responsibility, and gave responsibility for making adoption orders to the courts. Prior to this time, adoptions were informal arrangements often made by private infants' homes.

Under the 1928 Act an adoption application could be heard by the Supreme Court, County Court or Court of Petty Sessions. The choice of court depended upon the circumstances of the case and the wishes of the parties:

* The Supreme Court could grant an adoption order in any circumstance

* The County Court could grant an adoption order in any circumstance if the applicant(s) (ie the prospective adoptive parent(s)) chose to use this avenue

* The Court of Petty Sessions closest to where either the applicant(s) or the child resided could grant an adoption order if several parties gave their written consent to the adoption, namely:
- The child's natural parent(s) or guardian(s)
- The person having custody of the child
- Any person liable to contribute to the support of the child
- Where the applicant was married, the applicant's spouse.

If the consent of any of these persons could not be obtained in writing, a higher court had to be used.

This system remained in place until the passing of the Adoption of Children Act 1958 which removed the jurisdiction of the Court of Petty Sessions to grant adoption orders. Since that time the County and Supreme Courts have had the power to grant adoption orders, although in practice most have been granted by the County Court.

This series consists of applications for adoptions heard at the Court of Petty Session.