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(a) the child was placed for adoption with the applicant or applicants by | |
an adoption agency or in pursuance of an order of the High Court, or | |
(b) the applicant is a parent of the child, | |
the condition is that the child must have had his home with the applicant or, in | |
the case of an application by a married couple, with one or both of them at all | 5 |
times during the period of ten weeks preceding the application. | |
(3) If the applicant or one of the applicants is a step-parent of the child, the | |
condition is that the child must have had his home with the applicant or, as the | |
case may be, applicants at all times during the period of six months preceding | |
the application. | 10 |
(4) If the applicants are local authority foster parents, the condition is that the child | |
must have had his home with the applicants at all times during the period of | |
one year preceding the application. | |
(5) In any other case, the condition is that the child must have had his home with | |
the applicant or, in the case of an application by a married couple, with one or | 15 |
both of them for not less than three years (whether continuous or not) during | |
the period of five years preceding the application. | |
(6) But subsections (4) and (5) do not prevent an application being made if the | |
court gives leave to make it. | |
(7) An adoption order may not be made unless the court is satisfied that sufficient | 20 |
opportunities to see the child with the applicant or, in the case of an application | |
by a married couple, both of them together in the home environment have been | |
given— | |
(a) where the child was placed for adoption with the applicant or | |
applicants by an adoption agency, to that agency, | 25 |
(b) in any other case, to the local authority within whose area the home is. | |
(8) In this section and sections 43 and 44(1)— | |
(a) references to an adoption agency include a Scottish or Northern Irish | |
adoption agency, | |
(b) references to a child placed for adoption by an adoption agency are to | 30 |
be read accordingly. | |
43 Reports where child placed by agency | |
Where an application for an adoption order relates to a child placed for | |
adoption by an adoption agency, the agency must— | |
(a) submit to the court a report on the suitability of the applicants and on | 35 |
any other matters relevant to the operation of section 1, and | |
(b) assist the court in any manner the court directs. | |
44 Notice of intention to adopt | |
(1) This section applies where persons (referred to in this section as “proposed | |
adopters”) wish to adopt a child who is not placed for adoption with them by | 40 |
an adoption agency. | |
(2) An adoption order may not be made in respect of the child unless the proposed | |
adopters have given notice to the appropriate local authority of their intention | |
to apply for the adoption order (referred to in this Act as a “notice of intention | |
to adopt”). | 45 |
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(3) The notice must be given not more than two years, or less than three months, | |
before the date on which the application for the adoption order is made. | |
(4) Where— | |
(a) if a person were seeking to apply for an adoption order, subsection (4) | |
or (5) of section 42 would apply, but | 5 |
(b) the condition in the subsection in question is not met, | |
the person may not give notice of intention to adopt unless he has the court’s | |
leave to apply for an adoption order. | |
(5) On receipt of a notice of intention to adopt, the local authority must arrange for | |
the investigation of the matter and submit to the court a report of the | 10 |
investigation. | |
(6) In particular, the investigation must, so far as practicable, include the | |
suitability of the proposed adopters and any other matters relevant to the | |
operation of section 1 in relation to the application. | |
(7) If a local authority receive a notice of intention to adopt in respect of a child | 15 |
whom they know was (immediately before the notice was given) looked after | |
by another local authority, they must, not more than seven days after the | |
receipt of the notice, inform the other local authority in writing that they have | |
received the notice. | |
(8) Where— | 20 |
(a) a local authority have placed a child with any persons otherwise than | |
as prospective adopters, and | |
(b) the persons give notice of intention to adopt, | |
the authority are not to be treated as leaving the child with them as prospective | |
adopters for the purposes of section 18(1)(b). | 25 |
(9) In this section, references to the appropriate local authority, in relation to any | |
proposed adopters, are— | |
(a) in prescribed cases, references to the prescribed local authority, | |
(b) in any other case, references to the local authority for the area in which, | |
at the time of giving the notice of intention to adopt, they have their | 30 |
home, | |
and “prescribed” means prescribed by regulations. | |
45 Suitability of adopters | |
(1) Regulations under section 9 may make provision as to the matters to be taken | |
into account by an adoption agency in determining, or making any report in | 35 |
respect of, the suitability of any persons to adopt a child. | |
(2) In particular, the regulations may make provision for the purpose of securing | |
that, in determining the suitability of a couple to adopt a child, proper regard | |
is had to the need for stability and permanence in their relationship. | |
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The making of adoption orders | |
46 Adoption orders | |
(1) An adoption order is an order made by the court on an application under | |
section 50 or 51 giving parental responsibility for a child to the adopters or | |
adopter. | 5 |
(2) The making of an adoption order operates to extinguish— | |
(a) the parental responsibility which any person other than the adopters or | |
adopter has for the adopted child immediately before the making of the | |
order, | |
(b) any order under the 1989 Act, the Children (Scotland) Act 1995 (c. 36) | 10 |
or the Children (Northern Ireland) Order 1995, and | |
(c) any duty arising by virtue of an agreement or an order of a court to | |
make payments, so far as the payments are in respect of the adopted | |
child’s maintenance or upbringing for any period after the making of | |
the adoption order. | 15 |
(3) An adoption order— | |
(a) does not affect parental responsibility so far as it relates to any period | |
before the making of the order, and | |
(b) in the case of an order made on an application under section 51 by a | |
person who is married to a parent of the adopted child, does not affect | 20 |
the parental responsibility of that parent or any duties of that parent | |
within subsection (2)(c). | |
(4) Subsection (2)(c) does not apply to a duty arising by virtue of an agreement— | |
(a) which constitutes a trust, or | |
(b) which expressly provides that the duty is not to be extinguished by the | 25 |
making of an adoption order. | |
(5) An adoption order may be made even if the child to be adopted is already an | |
adopted child. | |
(6) Before making an adoption order, the court must consider whether there | |
should be arrangements for allowing any person contact with the child; and for | 30 |
that purpose the court must consider any existing or proposed arrangements | |
and obtain any views of the parties to the proceedings. | |
47 Conditions for making adoption orders | |
(1) An adoption order may not be made unless one of the following three | |
conditions is met; but this section is subject to section 52 (parental etc. consent). | 35 |
(2) The first condition is that, in the case of each parent or guardian of the child, | |
the court is satisfied— | |
(a) that the parent or guardian consents to the making of the adoption | |
order, | |
(b) that the parent or guardian has consented under section 20 (and has not | 40 |
withdrawn the consent) and does not oppose the making of the | |
adoption order, or | |
(c) that the parent’s or guardian’s consent should be dispensed with. | |
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(3) A parent or guardian may not oppose the making of an adoption order under | |
subsection (2)(b) without the court’s leave. | |
(4) The second condition is that— | |
(a) the child has been placed for adoption by an adoption agency with the | |
prospective adopters in whose favour the order is proposed to be | 5 |
made, | |
(b) either— | |
(i) the child was placed for adoption with the consent of each | |
parent or guardian and the consent of the mother was given | |
when the child was at least six weeks old, or | 10 |
(ii) the child was placed for adoption under a placement order and | |
the child was at least six weeks old when the placement order | |
was made, and | |
(c) no parent or guardian opposes the making of the adoption order. | |
(5) A parent or guardian may not oppose the making of an adoption order under | 15 |
the second condition without the court’s leave. | |
(6) The third condition is that the child is free for adoption by virtue of an order | |
made— | |
(a) in Scotland, under section 18 of the Adoption (Scotland) Act 1978 (c. | |
28), or | 20 |
(b) in Northern Ireland, under Article 17(1) or 18(1) of the Adoption | |
(Northern Ireland) Order 1987. | |
(7) The court cannot give leave under subsection (3) or (5) unless satisfied that | |
there has been a change in circumstances since the consent of the parent or | |
guardian was given or, as the case may be, the placement order was made. | 25 |
(8) An adoption order may not be made in relation to a person who is or has been | |
married. | |
(9) An adoption order may not be made in relation to a person who has attained | |
the age of 19 years. | |
48 Restrictions on making adoption orders | 30 |
(1) The court may not hear an application for an adoption order in relation to a | |
child, where a previous application to which subsection (2) applies made in | |
relation to the child by the same persons was refused by any court, unless it | |
appears to the court that, because of a change in circumstances or for any other | |
reason, it is proper to hear the application. | 35 |
(2) This subsection applies to any application— | |
(a) for an adoption order or a Scottish or Northern Irish adoption order, or | |
(b) for an order for adoption made in the Isle of Man or any of the Channel | |
Islands. | |
49 Applications for adoption | 40 |
(1) An application for an adoption order may be made by— | |
(a) a couple, or | |
(b) one person, | |
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but only if it is made under section 50 or 51 and one of the following conditions | |
is met. | |
(2) The first condition is that at least one of the couple (in the case of an application | |
under section 50) or the applicant (in the case of an application under section | |
51) is domiciled in a part of the British Islands. | 5 |
(3) The second condition is that both of the couple (in the case of an application | |
under section 50) or the applicant (in the case of an application under section | |
51) have been habitually resident in a part of the British Islands for a period of | |
not less than one year ending with the date of the application. | |
(4) An application for an adoption order may only be made if the person to be | 10 |
adopted has not attained the age of 18 years on the date of the application. | |
(5) References in this Act to a child, in connection with any proceedings (whether | |
or not concluded) for adoption, (such as “child to be adopted” or “adopted | |
child”) include a person who has attained the age of 18 years before the | |
proceedings are concluded. | 15 |
50 Adoption by couple | |
(1) An adoption order may be made on the application of a couple where both of | |
them have attained the age of 21 years. | |
(2) An adoption order may be made on the application of a couple where— | |
(a) one of the couple is the mother or the father of the person to be adopted | 20 |
and has attained the age of 18 years, and | |
(b) the other has attained the age of 21 years. | |
51 Adoption by one person | |
(1) An adoption order may be made on the application of one person who has | |
attained the age of 21 years and is not married. | 25 |
(2) An adoption order may be made on the application of one person who has | |
attained the age of 21 years if the court is satisfied that the person is the partner | |
of a parent of the person to be adopted. | |
(3) An adoption order may be made on the application of one person who has | |
attained the age of 21 years and is married if the court is satisfied that— | 30 |
(a) the person’s spouse cannot be found, | |
(b) the spouses have separated and are living apart, and the separation is | |
likely to be permanent, or | |
(c) the person’s spouse is by reason of ill-health, whether physical or | |
mental, incapable of making an application for an adoption order. | 35 |
(4) An adoption order may not be made on an application under this section by | |
the mother or the father of the person to be adopted unless the court is satisfied | |
that— | |
(a) the other natural parent is dead or cannot be found, | |
(b) by virtue of section 28 of the Human Fertilisation and Embryology Act | 40 |
1990 (c. 37), there is no other parent, or | |
(c) there is some other reason justifying the child’s being adopted by the | |
applicant alone, | |
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and, where the court makes an adoption order on such an application, the court | |
must record that it is satisfied as to the fact mentioned in paragraph (a) or (b) | |
or, in the case of paragraph (c), record the reason. | |
Placement and adoption: general | |
52 Parental etc. consent | 5 |
(1) The court cannot dispense with the consent of any parent or guardian of a child | |
to the child being placed for adoption or to the making of an adoption order in | |
respect of the child unless the court is satisfied that— | |
(a) the parent or guardian cannot be found or is incapable of giving | |
consent, or | 10 |
(b) the welfare of the child requires the consent to be dispensed with. | |
(2) The following provisions apply to references in this Chapter to any parent or | |
guardian of a child giving or withdrawing— | |
(a) consent to the placement of a child for adoption, or | |
(b) consent to the making of an adoption order (including a future | 15 |
adoption order). | |
(3) Any consent given by the mother to the making of an adoption order is | |
ineffective if it is given less than six weeks after the child’s birth. | |
(4) The withdrawal of any consent to the placement of a child for adoption, or of | |
any consent given under section 20, is ineffective if it is given after an | 20 |
application for an adoption order is made. | |
(5) “Consent” means consent given unconditionally and with full understanding | |
of what is involved; but a person may consent to adoption without knowing | |
the identity of the persons in whose favour the order will be made. | |
(6) “Parent” (except in subsections (9) and (10) below) means a parent having | 25 |
parental responsibility. | |
(7) Consent under section 19 or 20 must be given in the form prescribed by rules, | |
and the rules may prescribe forms in which a person giving consent under any | |
other provision of this Part may do so (if he wishes). | |
(8) Consent given under section 19 or 20 must be withdrawn— | 30 |
(a) in the form prescribed by rules, or | |
(b) by notice given to the agency. | |
(9) Subsection (10) applies if— | |
(a) an agency has placed a child for adoption under section 19 in | |
pursuance of consent given by a parent of the child, and | 35 |
(b) at a later time, the other parent of the child acquires parental | |
responsibility for the child. | |
(10) The other parent is to be treated as having at that time given consent in | |
accordance with this section in the same terms as those in which the first parent | |
gave consent. | 40 |
53 Modification of 1989 Act in relation to adoption | |
(1) Where— | |
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(a) a local authority are authorised to place a child for adoption, or | |
(b) a child who has been placed for adoption by a local authority is less | |
than six weeks old, | |
regulations may provide for the following provisions of the 1989 Act to apply | |
with modifications, or not to apply, in relation to the child. | 5 |
(2) The provisions are— | |
(a) section 22(4)(b), (c) and (d) and (5)(b) (duty to ascertain wishes and | |
feelings of certain persons), | |
(b) paragraphs 15 and 21 of Schedule 2 (promoting contact with parents | |
and parents’ obligation to contribute towards maintenance). | 10 |
(3) Where a registered adoption society is authorised to place a child for adoption | |
or a child who has been placed for adoption by a registered adoption society is | |
less than six weeks old, regulations may provide— | |
(a) for section 61 of that Act to have effect in relation to the child whether | |
or not he is accommodated by or on behalf of the society, | 15 |
(b) for subsections (2)(b) to (d) and (3)(b) of that section (duty to ascertain | |
wishes and feelings of certain persons) to apply with modifications, or | |
not to apply, in relation to the child. | |
(4) Where a child’s home is with persons who have given notice of intention to | |
adopt, no contribution is payable (whether under a contribution order or | 20 |
otherwise) under Part 3 of Schedule 2 to that Act (contributions towards | |
maintenance of children looked after by local authorities) in respect of the | |
period referred to in subsection (5). | |
(5) That period begins when the notice of intention to adopt is given and ends if— | |
(a) the period of four months beginning with the giving of the notice | 25 |
expires without the prospective adopters applying for an adoption | |
order, or | |
(b) an application for such an order is withdrawn or refused. | |
(6) In this section, “notice of intention to adopt” includes notice of intention to | |
apply for a Scottish or Northern Irish adoption order. | 30 |
54 Disclosing information during adoption process | |
Regulations under section 9 may require adoption agencies in prescribed | |
circumstances to disclose in accordance with the regulations prescribed | |
information to prospective adopters. | |
55 Revocation of adoptions on legitimation | 35 |
(1) Where any child adopted by one natural parent as sole adoptive parent | |
subsequently becomes a legitimated person on the marriage of the natural | |
parents, the court by which the adoption order was made may, on the | |
application of any of the parties concerned, revoke the order. | |
(2) In relation to an adoption order made by a magistrates’ court, the reference in | 40 |
subsection (1) to the court by which the order was made includes a court acting | |
for the same petty sessions area. | |
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