Adoption Act 1976

Part I — The Adoption Service

The Adoption Service

Establishment of Adoption Service

1

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Local authorities' social services

2

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Adoption societies

Transitional provisions, amendments and repeals.

3

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Withdrawal of approval

4

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Procedure on refusal to approve, or withdrawal of approval from, adoption societies

5

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Welfare of children

Duty to promote welfare of child

6

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Religious upbringing of adopted child

7

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Supplemental

Inactive or defunct adoption societies

8

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Regulation of adoption agencies

9

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Inspection of books, etc., of approved adoption societies

10

Restriction on arranging adoptions and placing of children

11

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Part II — Adoption Orders

The making of adoption orders

Adoption orders

12

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Child to live with adopters before order made

13

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Adoption by married couple

14

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Adoption by one person

15

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Parental agreement

16

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Convention adoption orders

17

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Freeing for adoption

Freeing child for adoption

18

• (1) Where, on an application by an adoption agency, an authorised court is satisfied in the case of each parent or guardian of the child that—

• (a) he freely, and with full understanding of what is involved, agrees generally and unconditionally to the making of an adoption order, or

• (b) his agreement to the making of an adoption order should be dispensed with on a ground specified in section 16(2),

the court shall make an order declaring the child free for adoption.

• (2) No application shall be made under subsection (1) unless—

• (a) it is made with the consent of a parent or guardian of a child, or

• (b) the adoption agency is applying for dispensation under subsection (1)(b) of the agreement of each parent or guardian of the child, and the child is in the care of the adoption agency.

• (2A) For the purposes of subsection (2) a child is in the care of an adoption agency if the adoption agency is a local authority and he is in their care.

• (3) No agreement required under subsection (1)(a) shall be dispensed with under subsection (1)(b) unless the child is already placed for adoption or the court is satisfied that it is likely that the child will be placed for adoption.

• (4) An agreement by the mother of the child is ineffective for the purposes of this section if given less than 6 weeks after the child’s birth.

• (5) On the making of an order under this section, parental responsibility for the child is given to the adoption agency, and subsections (2) to (4) of section 12 apply as if the order were an adoption order and the agency were the adopters.

• (6) Before making an order under this section, the court shall satisfy itself, in relation to each parent or guardian of the child who can be found, that he has been given an opportunity of making, if he so wishes, a declaration that he prefers not to be involved in future questions concerning the adoption of the child; and any such declaration shall be recorded by the court.

• (7) Before making an order under this section in the case of a child whose father does not have parental responsibility for him, the court shall satisfy itself in relation to any person claiming to be the father that—

• (a) he has no intention of applying for—

• (i) an order under section 4(1) of the Children Act 1989, or

• (ii) a residence order under section 10 of that Act, or

• (b) if he did make any such application, it would be likely to be refused.

• (8) Subsections (5) and (7) of section 12 apply in relation to the making of an order under this section as they apply in relation to the making of an order under that section.

Progress reports to former parent

19

• (1) This section and section 20 apply to any person ( “the former parent”) who was required to be given an opportunity of making a declaration under section 18(6) but did not do so.

• (2) Within the 14 days following the date 12 months after the making of the order under section 18 the adoption agency to which parental responsibility was given on the making of the order, unless it has previously by notice to the former parent informed him that an adoption order has been made in respect of the child, shall by notice to the former parent inform him—

• (a) whether an adoption order has been made in respect of the child, and (if not)

• (b) whether the child has his home with a person with whom he has been placed for adoption.

• (3) If at the time when the former parent is given notice under subsection (2) an adoption order has not been made in respect of the child, it is thereafter the duty of the adoption agency to give notice to the former parent of the making of an adoption order (if and when made), and meanwhile to give the former parent notice whenever the child is placed for adoption or ceases to have his home with a person with whom he has been placed for adoption.

• (4) If at any time the former parent by notice makes a declaration to the adoption agency that he prefers not to be involved in future questions concerning the adoption of the child—

• (a) the agency shall secure that the declaration is recorded by the court which made the order under section 18, and

• (b) the agency is released from the duty of complying further with subsection (3) as respects that former parent.

Revocation of s. 18 order

20

• (1) The former parent, at any time more than 12 months after the making of the order under section 18 when—

• (a) no adoption order has been made in respect of the child, and

• (b) the child does not have his home with a person with whom he has been placed for adoption,

may apply to the court which made the order for a further order revoking it on the ground that he wishes to resume parental responsibility.

• (2) While the application is pending the adoption agency having parental responsibility shall not place the child for adoption without the leave of the court.

• (3) The revocation of an order under section 18 ( “a section 18 order”) operates—

• (a) to extinguish the parental responsibility given to the adoption agency under the section 18 order;

• (b) to give parental responsibility for the child to—

• (i) the child’s mother; and

• (ii) where the child’s father and mother were married to each other at the time of his birth, the father; and

• (c) to revive—

• (i) any parental responsibility agreement,

• (ii) any order under section 4(1) of the Children Act 1989,

• (iia) any care order, within the meaning of that Act, and

• (iii) any appointment of a guardian in respect of the child (whether made by a court or otherwise),

extinguished by the making of the section 18 order.

• (3A) Subject to subsection (3)(c), the revocation does not—

• (a) operate to revive—

• (i) any order under the Children Act 1989, or

• (ii) any duty referred to in section 12(3)(b),

extinguished by the making of the section 18 order; or

• (b) affect any person’s parental responsibility so far as it relates to the period between the making of the section 18 order and the date of revocation of that order.

• (4) Subject to subsection (5), if the application is dismissed on the ground that to allow it would contravene the principle embodied in section 6—

• (a) the former parent who made the application shall not be entitled to make any further application under subsection (1) in respect of the child, and

• (b) the adoption agency is released from the duty of complying further with section 19(3) as respects that parent.

• (5) Subsection (4)(a) shall not apply where the court which dismissed the application gives leave to the former parent to make a further application under subsection (1), but such leave shall not be given unless it appears to the court that because of a change in circumstances or for any other reason it is proper to allow the application to be made.

Transfer of parental rights and duties between adoption agencies

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• (1) On an application to which this section applies, an authorised court may vary an order under section 18 so as to give parental responsibility for the child to another adoption agency (the substitute agency”) in place of the agency for the time being having parental responsibility for the child under the order ( “the existing agency”).

• (2) This section applies to any application made jointly by—

• (a) the existing agency; and

• (b) the would-be substitute agency.

• (3) Where an order under section 18 is varied under this section, section 19 shall apply as if the substitute agency had been given responsibility for the child on the making of the order.

Supplemental

Notification to local authority of adoption application

22

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Reports where child placed by agency

23

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Restrictions on making adoption orders

24

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Interim orders

25

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Care etc. of child on refusal of adoption order

26

Part III — Care and Protection of Children Awaiting Adoption

Restrictions on removal of children

Restrictions on removal where adoption agreed or application made under s. 18

27

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Restrictions on removal where applicant has provided home for 5 years

28

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Return of child taken away in breach of s. 27 or 28

29

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Return of children placed for adoption by adoption agencies

30

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Application of s. 30 where child not placed for adoption

31

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Protected children

Meaning of " protected child "

32

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Duty of local authorities to secure well-being of protected children

33

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Removal of protected children from unsuitable surroundings

34

Notices and information to be given to local authorities

35

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Offences relating to protected children

36

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Miscellaneous provisions relating to protected children

37

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Part IV — Status of Adopted Children

Meaning of " adoption " in Part IV

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• (1) In this Part “adoption” means adoption—

• (a) by an adoption order;

• (b) by an order made under the Children Act 1975, the Adoption Act 1958, the Adoption Act 1950 or any enactment repealed by the Adoption Act 1950;

• (c) by an order made in Scotland, Northern Ireland, the Isle of Man or in any of the Channel Islands;

• (cc) which is a Convention adoption;

• (d) which is an overseas adoption; or

• (e) which is an adoption recognised by the law of England and Wales and effected under the law of any other country,

and cognate expressions shall be construed accordingly.

• (2) The definition of adoption includes, where the context admits, an adoption effected before the passing of the Children Act 1975 but does not include an adoption of a kind mentioned in paragraphs (c) to (e) of subsection (1) effected on or after the day which is the appointed day for the purposes of Chapter 4 of Part 1 of the Adoption and Children Act 2002, and the date of an adoption effected by an order is the date of the making of the order.

Status conferred by adoption

39

• (1) An adopted child shall be treated in law—

• (a) where the adopters are a married couple, as if he had been born as a child of the marriage (whether or not he was in fact born after the marriage was solemnized);

• (b) in any other case, as if he had been born to the adopter in wedlock (but not as a child of any actual marriage of the adopter).

• (2) An adopted child shall, subject to subsections (3) and (3A), be treated in law as if he were not the child of any person other than the adopters or adopter.

• (3) In the case of a child adopted by one of its natural parents as sole adoptive parent, subsection (2) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.

• (3A) Where, in the case of a Convention adoption, the High Court is satisfied, on an application under this subsection—

• (a) that under the law of the country in which the adoption was effected the adoption is not a full adoption;

• (b) that the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption, or that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention); and

• (c) that it would be more favourable to the adopted child for a direction to be given under this subsection,

the Court may direct that subsection (2) shall not apply, or shall not apply to such extent as may be specified in the direction.

In this subsection “full adoption” means an adoption by virtue of which the adopted child falls to be treated in law as if he were not the child of any person other than the adopters or adopter.

• (3B) The following provisions of the Family Law Act 1986—

• (a) section 59 (provisions relating to the Attorney General); and

• (b) section 60 (supplementary provision as to declarations),

shall apply in relation to, and to an application for, a direction under subsection (3A) as they apply in relation to, and to an application for, a declaration under Part III of that Act.

• (4) It is hereby declared that this section prevents an adopted child from being illegitimate.

• (5) This section has effect—

• (a) in the case of an adoption before 1st January 1976, from that date, and

• (b) in the case of any other adoption, from the date of the adoption.

• (6) Subject to the provisions of this Part, this section—

• (a) applies for the construction of enactments or instruments passed or made before the adoption or later, and so applies subject to any contrary indication; and

• (b) has effect as respects things done, or events occurring, after the adoption, or after 31st December 1975, whichever is the later.

Citizenship

40

Adoptive relatives

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A relationship existing by virtue of section 39 may be referred to as an adoptive relationship, and—

• (a) a male adopter may be referred to as the adoptive father;

• (b) a female adopter may be referred to as the adoptive mother;

• (c) any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree.

but this section does not prevent the term “parent”, or any other term not qualified by the word “adoptive” being treated as including an adoptive relative.

Rules of construction for instruments concerning property

42

• (1) Subject to any contrary indication, the rules of construction contained in this section apply to any instrument, other than an existing instrument, so far as it contains a disposition of property.

• (2) In applying section 39(1) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition shall be construed as if—

• (a) the adopted child had been born on the date of adoption,

• (b) two or more children adopted on the same date had been born on that date in the order of their actual births.

but this does not affect any reference to the age of a child.

• (3) Examples of phrases in wills on which subsection (2) can operate are—

• 1. Children of A “living at my death or born afterwards”.

• 1. Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest and who attain the age of 21 years”.

• 1. As in example 1 or 2, but referring to grandchildren of A instead of children of A.

• 1. A for life “until he has a child”, and then to his child or children.

Note.Subsection (2) will not affect the reference to the age of 21 years in example 2.

• (4) Section 39(2) does not prejudice any interest vested in possession in the adopted child before the adoption, or any interest expectant (whether immediately or not) upon an interest so vested.

• (5) Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child, it shall be presumed that once a woman has attained the age of 55 years she will not adopt a child after execution of the instrument, and, notwithstanding section 39, if she does so that child shall not be treated as her child or as the child of her spouse (if any) for the purposes of the instrument.

• (6) In this section, “instrument” includes a private Act settling property, but not any other enactment.

Dispositions depending on date of birth

43

• (1) Where a disposition depends on the date of birth of a child who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, section 42(2) does not affect entitlement under Part II of the Family Law Reform Act 1969 (illegitimate children).

• (2) Subsection (1) applies for example where—

• (a) a testator dies in 1976 bequeathing a legacy to his eldest grandchild living at a specified time,

• (b) his daughter has an illegitimate child in 1977 who is the first grandchild,

• (c) his married son has a child in 1978,

• (d) subsequently the illegitimate child is adopted by the mother as sole adoptive parent,

and in all those cases the daughter’s child remains the eldest grandchild of the testator throughout.

Property devolving with peerages etc.

44

• (1) An adoption does not affect the descent of any peerage or dignity or title of honour.

• (2) An adoption shall not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour.

• (3) Subsection (2) applies only if and so far as a contrary intention is not expressed in the instrument, and shall have effect subject to the terms of the instrument.

Protection of trustees and personal representatives

45

• (1) A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether any adoption has been effected or revoked if that fact could affect entitlement to the property.

• (2) A trustee or personal representative shall not be liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution.

• (3) This section does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.

Meaning of " disposition "

46

• (1) In this Part, unless the context otherwise requires,—

• “disposition” includes the conferring of a power of appointment and any other disposition of an interest in or right over property;

• “power of appointment” includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.

• (2) This Part applies to an oral disposition as if contained in an instrument made when the disposition was made.

• (3) For the purposes of this Part, the death of the testator is the date at which a will or codicil is to be regarded as made.

• (4) For the purposes of this Part, provisions of the law of intestate succession applicable to the estate of a deceased person shall be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous enactments, 48. Pensions

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• (1) Section 39 does not apply for the purposes of section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity), or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 39 does not apply for the purposes of any provision of—

• (a) the British Nationality Act 1981

• (b) the Immigration Act 1971,

• (c) any instrument having effect under an enactment within paragraph (a) or (b), or

• (d) any other provision of the law for the time being in force which determines British citizenship, British Dependent Territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

Section 39(2) does not affect entitlement to a pension which is payable to or for the benefit of a child and is in payment at the time of his adoption.

Insurance

49

Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial company for the payment on the death of the child of money for funeral expenses, the rights and liabilities under the policy shall by virtue of the adoption be transferred to the adoptive parents who shall for the purposes of the enactments relating to such societies and companies be treated as the person who took out the policy.

Part V — Registration and Revocation of Adoption Orders andConvention Adoptions

Adopted Children Register

50

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Disclosure of birth records of adopted children

51

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Revocation of adoptions on legitimation

52

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Annulment etc. of overseas adoptions

53

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Provisions supplementary to ss. 52(3) and 53

54

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Part VI — Miscellaneous and Supplemental

Adoption of children abroad

55

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Restriction on removal of children for adoption outside Great Britain

56

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Prohibition on certain payments

57

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Restriction on advertisements

58

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Effect of determination and orders made in Scotland and overseas in adoption proceedings

59

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Evidence of adoption in Scotland and Northern Ireland

60

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Evidence of agreement and consent

61

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Courts

62

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Appeals etc.

63

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Hearing of applications in private

64

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Guardians ad litem and reporting officers

65

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Rules of procedure

66

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Orders, rules and regulations

67

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Offences by bodies corporate

68

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Service of notices etc.

69

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Nationality

70

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Internal law of a country

71

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Interpretation

72

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Transitional provisions, amendments and repeals,

73

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Short title, commencement and extent

74

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SCHEDULE 1

Registration of adoption orders

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Registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel Islands

2

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Registration of foreign adoptions

3

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Amendment of orders and rectification of Registers

4

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Marking of entries on re-registration of birth on legitimation

5

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Cancellations in Registers on legitimation

6

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SCHEDULE 2

General

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2

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3

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4

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Existing adoption orders

5

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Rights relating to property

6

• (1) Section 39—

• (a) does not apply to an existing instrument or enactment in so far as it contains a disposition of property, and

• (b) does not apply to any public general Act in its application to any disposition of property in an existing instrument or enactment.

• (2) Sections 16 and 17 of the Adoption Act 1958, and provisions containing references to those sections shall continue to apply in relation to dispositions of property effected by existing instruments notwithstanding the repeal of those sections, and such provisions, by the Children Act 1975.

• (3) Section 46 shall apply in relation to this paragraph as if it were contained in Part IV.

Payments relating to adoptions

7

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Registers of adoptions

8

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SCHEDULE 3

Part I — Amendments Extending Only to England and Wales

Children Act 1948 (c. 43)

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2

In section 43(1) of the said Act of 1948, for the words from " Adoption Act 1958 " to the end there are substituted the words " the Children Act 1975 and the Adoption Act 1976 ".

3

In section 51(1) of the said Act of 1948, for the words " Part IV of the Adoption Act 1958 " there are substituted the words " section 34 of the Adoption Act 1976 ".

Magistrates' Courts Act 1952 (c. 55)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 1958 (c. 65)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In section 6(1) of the said Act of 1958, in paragraph (f), after the words " section 43 of the Adoption Act 1958 " there are added the words " or section 34 of the Adoption Act 1976 ".

County Courts Act 1959 (c. 22)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1963 (c. 37)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health Services and Public Health Act 1968 (c. 46)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In section 63(6) of the said Act of 1969 at the end there is added the following paragraph—

(j) the Adoption Act 1976.

.

Administration of Justice Act 1970 (c. 31)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Authority Social Services Act 1970 (c. 42)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guardianship of Minors Act 1971 (c. 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration Act 1971 (c. 77)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal Aid Act 1974 (c. 4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 1975 (c. 72)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legitimacy Act 1976 (c. 31)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II

Children Act 1958 (6 & 7 Eliz. 2 c. 65)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

In section 6(1) of the said Act of 1958, in paragraph (f), after the words " section 43 of the Adoption Act 1958 " there are added the words " or section 34 of the Adoption Act 1976 ".

Adoption Act 1958 (7 & 8 Eliz. 2 c. 5)

27

In section 22(4A) of the Adoption Act 1958, in paragraph (b) after the word " 1975 " there are inserted the words " or under section 3 of the Adoption Act 1976 ".

28

In section 29(2) of the said Act of 1958 after the word " 1975 " there are inserted the words " or the Adoption Act 1976 ".

29

In section 34 of the said Act of 1958 the following subsections are added after subsection (3)—

(4) This section, except subsection (3), applies notwithstanding that the child is in England or Wales at the time he is removed. (5) Any person who removes a child from the custody of any other person while the child is in Scotland, contrary to section 27 of the Adoption Act 1976, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding £400 or both.

30

In section 34A of the said Act of 1958 the following subsections are inserted after subsection (6)—

(6A) This section, except subsection (6), applies notwithstanding that the child is in England or Wales at the time he is removed. (6B) Any person who removes a child from the custody of any other person while the child is in Scotland, contrary to section 28 of the Adoption Act 1976, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding £400 or both.

31

In section 37 of the said Act of 1958, the following subsection is inserted after subsection (1)—

(2) A child shall be deemed to be a protected child within the meaning of this Part of this Act if he is a protected child within the meaning of section 32(1) of the Adoption Act 1976.

32

In section 52(1) of the said Act of 1958, after the word " 1975 " there are inserted the words " or section 55 of the Adoption Act 1976 ".

33

In section 57 of the said Act of 1958 the following subsection is inserted after subsection (1)—

(1A) In sections 22, 29, 34 to 37 and 40(4) of this Act— (a) " adoption agency " includes an adoption agency within the meaning of section 1 of the Adoption Act 1976, (b) except in sections 34 and 34A " adoption order" includes an order under section 12 of the Adoption Act 1976, (c) " local authority " includes the council of a county (other than a metropolitan county), a metropolitan district, a London borough or the Common Council of the City of London.

Social Work (Scotland) Act 1968 (c. 49)

34

In section 16(3) and (11)(b) of the Social Work (Scotland) Act 1968, after the words " Children Act 1975 " there are added the words " or under section 18 or 55 of the Adoption Act 1976 " .

Adoption Act 1968 (c. 53)

35

In section 6 of the Adoption Act 1968 the following subsection is inserted after subsection (4)—

(4A) Any order or decision of the High Court on an application under subsection (2) of section 53 of the Adoption Act 1976 shall be recognised and have effect as if it were an order or decision of the Court of Session on an application under subsection (3) of this section.

36

In section 11(1) of the said Act of 1968, in the definition of " the court", the words " the High Court or " shall cease to have effect.

Children Act 1975 (c. 72)

37

In section 8(3) of the Children Act 1975, for the words " the order " in the first place where they occur there are substituted the words " the adoption order ".

38

In section 12(1) of the said Act of 1975, after paragraph (a) there is inserted the following paragraph—

(aa) he is the subject of an order under section 18 of the Adoption Act 1976 ; or

39

In section 16(3)(c) after the words " section 8(3)(b) " there are inserted the words " or section 12(3)(b) of the Adoption Act 1976 " .

40

In section 23 of the said Act of 1975, after the words " this section" there are inserted the words " or under Part II of the Adoption Act 1976 ".

41

In section 25(4) of the said Act of 1975 after the words " this section " there are inserted the words " or under section 55 of the Adoption Act 1976 ".

42

In section 100(9)(a)(ii) after the words " section 14 " there are added the words " or under section 18 of the Adoption Act 1976 ".

43

In section 107 of the said Act of 1975—

• (a) in subsection (1), in the definition of " British Adoption Order " after the words " an adoption order " there are inserted the words " an order under section 12 of the Adoption Act 1976 " ; and

• (b) the following subsection is inserted after subsection (2)—

(2A) In this Act— (a) in sections 9, 14 to 16, 18, 22 and 23, " adoption agency " includes an adoption agency within the meaning of section 1 of the Adoption Act 1976 (adoption agencies in England and Wales); (b) in sections 8(3) and (4), 14 to 16, 23 and 100(9), " adoption order " includes an order under section 12 of the Adoption Act 1976 (adoption orders in England and Wales); (c) in sections 9 and 18, " local authority " includes the council of a county (other than metropolitan county), a metropolitan district, a London borough or the Common Council of the City of London; (d) in section 14(6) the reference to an order under that section shall be construed as including an order under section 18 of the Adoption Act 1976

.

44

In paragraph 7 of Schedule 2 to the said Act of 1975, in sub-paragraph (c), after the word " in " there are inserted the words " England, Wales, ".

SCHEDULE 4

Local authorities’ social services.

Progress reports to former parent.

Meaning of “adoption” in Part IV.

51A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65A

Transitional provisions, amendments and repeals.

County Courts Act 1959 (c.22)

. . .

Editorial notes

[^c13478421]: Power to amend Act conferred (5.7.1994) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), ss. 30(9)(10), 39(3), 43(2); S.I. 1994/1776, art. 2(1)

[^c13478431]: By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 act, to youth courts shall be construed as references to juvenile courts.

[^c13478441]: Act applied (with modifications) (1.11.1994) by S.I. 1994/2767, reg. 2 Act: modified (prosp.) by 1999 c. 18, ss. 17, 18(3)

[^c13479231]: S. 10 repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 9, 30, Sch. 2 para. 30, Sch. 10 Pt. I

[^c13480161]: S. 18 amended (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 12(3)(a), 33(6)(b)(i), 108 (with Sch. 14 para 1(1)); S.I. 1991/828, art. 3(2)

[^c13480171]: S. 18(2A) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.6(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c13480191]: Words in s. 18(5) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.6(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c13480201]: Words in s. 18(5) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 6(2); (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c13480211]: Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 31

[^c13480221]: S. 18(7)(8) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.6(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c13480251]: Words in s. 19(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.7 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c13480321]: Words in s. 20(1)(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.8(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c13480341]: S. 20(3)(3A) substituted (14.10.1991) for s. 20(3) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.8(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c13480381]: S. 21 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 88, Sch. 10 para.9 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c13480571]: S. 26 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c13482091]: 1975 c. 72(49:3).

[^c13482101]: 1958 c. 5 (7 & 8 Eliz. 2).(49:11).

[^c13482111]: 1950 c. 26.

[^c13482121]: 1975 c. 72(49:3).

[^c13482211]: S. 40 repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

[^c13482221]: 1969 c. 46(49:7).

[^c13482231]: S. 46(5) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

[^c13482261]: Words repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9

[^c13482271]: Words substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(6), Sch. 7

[^c13482281]: 1971 c. 77(62).

[^c13482301]: Words inserted by S.I. 1986/948, art. 8, Sch.

[^c13482311]: S. 47(3) repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 11

[^c13482321]: S. 47(4)(5) repealed by Social Security Act 1988 (c. 7, SIF 113:1), ss. 16, 19(3), Sch. 5

[^c13482081]: Part IV (ss. 38-49): definition applied (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 26(3), (with s. 9(2)); S.I. 1992/2644, art.2.

[^c13484281]: S. 65A repealed (1.4.2001) by 2000 c. 43, s. 74, 75, Sch. 7 Pt. II para. 53, Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g) Table

[^c13485681]: 1975 c. 72(49:9, 10)

[^c13485761]: Sch. 3 para. 8 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c13485751]: Sch. 3 para. 8 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c13485791]: Sch. 3 para. 11 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c13485781]: Sch. 3 para. 11 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c13485851]: Sch. 3 para. 19 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c13485881]: Sch. 3 para. 21 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c13485901]: Sch. 3 para. 22 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^key-0da0933827e2d6aaa4ffa165fcca77b6]: S. 38(1)(cc) inserted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 4(1), 18(3) (with s. 17); S.I. 2003/189, art. 2(2)(c)

[^key-850dae58715af30000bb56f97be65b23]: S. 39(3A)(3B) inserted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 4(3), 18(3) (with s. 17); S.I. 2003/189, art. 2(2)(c)

[^key-84815fa73b1ee002e71873d3fffa8413]: Words in s. 39(2) substituted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 4(2), 18(3) (with s. 17); S.I. 2003/189, art. 2(2)(c)

[^key-a3f9cb168e48d93bbac278acc884e790]: S. 70 repealed (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), s. 18(3), Sch. 2 para. 3(7), 3 (with s. 17); S.I. 2003/189, art. 2(2)(h)(i)

[^key-6357e1ad565e97c813611f73f25da08d]: Words in s. 47(1) substituted (5.12.2005) by Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 1, Sch. 4 para. 3

[^M_M_1f638105-89ee-4453-8700-9831989ef5cd]: 1986 c. 55

[^key-b0e2019f040eb91b79136ff20e4ecba0]: Pt. IV extended (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 66(3), 148(1) (with Sch. 4 paras. 1, 6-8); S.I. 2005/2213, art. 2(d)

[^key-51ffa7be4230233abff416232bc15ad1]: Ss. 1-37 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b) (ss. 19-21 continued (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 4 para. 7(1)(a) (with Sch. 4 paras. 6-8); S.I. 2005/2897, art. 2(a) (with arts. 3-16))

[^key-eef3a6c5e97ee17bdb8c67f97344d0a6]: Ss. 1-37 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

[^key-4487bdebfb20e55ebd413702ad462657]: Ss. 50-74 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

[^key-e563185cc70e8fb86596a5073711eebc]: Schs. 1, 3, 4 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

[^M_F_54de0bff-5c42-447d-b36f-0058bd8813ec]: S. 34 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^key-dc41f78305dbafd75b63d3c279b2aece]: S. 20(3)(c)(iia) inserted (30.12.2005) by virtue of Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 4 para. 7(2) (with Sch. 4 paras. 6-8); S.I. 2005/2897, art. 2(a) (with arts. 3-16)

[^key-dccdf29e122b07b93a7ae9f0c3ae3d60]: Words in s. 38(2) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 19 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

[^key-666cf8d946697de9ff27d95d07351d9e]: S. 47 restricted by Sexual Offences Act 2003 (c. 42), s. 64(6)(a) (as inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(2)(e), Sch. 15 para. 5(5))

[^key-1ff0b20c9e4b32226d0de818f5c19ff1]: S. 47 restricted by Sexual Offences Act 2003 (c. 42), s. 65(6)(a) (as inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(2)(e), Sch. 15 para. 6(5))

[^key-f06d893815888d5662e828f045cb93c9]: Words in s. 47(1) substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(2)(e), Sch. 15 para. 7

[^M_F_b57ccb08-0b7c-4b23-fe58-16b9c1ccf9c5]: Sch. 2 paras. 1-5 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

[^M_F_d56a67d9-73d4-4268-e4dc-27c8e0c3c353]: Sch. 2 paras. 7, 8 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

Disclosure of birth records of adopted children.

Disclosure of birth records of adopted children.

Transitional provisions, amendments and repeals.

3

• (1) If the Registrar General is satisfied, on an application under this paragraph, that he has sufficient particulars relating to a child adopted under a registrable foreign adoption to enable an entry to be made in the Adopted Children Register for the child—

• (a) he must make the entry accordingly, and

• (b) if he is also satisfied that an entry in the Registers of Births relates to the child, he must secure that the entry in those Registers is marked “Adopted” or “Re-adopted”, as the case may be, followed by the name in brackets of the country in which the adoption was effected.

• (2) An entry made in the Adopted Children Register by virtue of this paragraph must be made in the specified form.

• (3) An application under this paragraph must be made, in the specified manner, by a specified person and give the specified particulars.

• (4) In this paragraph—

• “registrable foreign adoption” means a Convention or overseas adoption which satisfies specified requirements;

• “specified” means specified by regulations made by the Registrar General.

Progress reports to former parent.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption Contact Register.

Transitional provisions, amendments and repeals.

Independent review of determinations

Status conferred by adoption.

Status conferred by adoption.

Revocation of adoptions on legitimation.

Short title, commencement and extent.

Revocation of adoptions on legitimation.

56A

• (1) This section applies where a person who is habitually resident in the British Islands (the “ British resident ”)—

• (a) brings, or causes another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purpose of adoption by the British resident, or

• (b) at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of six months ending with that time.

The references to adoption, or to a child adopted, by the British resident include a reference to adoption, or to a child adopted, by the British resident and another person.

• (2) But this section does not apply if the child is intended to be adopted under a Convention adoption order.

• (3) An external adoption means an adoption, other than a Convention adoption, of a child effected under the law of any country or territory outside the British Islands, whether or not the adoption is—

• (a) an adoption within the meaning of Part IV of this Act, or

• (b) a full adoption (within the meaning of section 39(3A)).

• (4) Regulations may require a person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where this section applies—

• (a) to apply to an adoption agency (including an adoption agency within the meaning of section 1 of the Adoption (Scotland) Act 1978 or Article 3 of the Adoption (Northern Ireland) Order 1987) in the prescribed manner for an assessment of his suitability to adopt the child, and

• (b) to give the agency any information it may require for the purpose of the assessment.

• (5) Regulations may require prescribed conditions to be met in respect of a child brought into the United Kingdom in circumstances where this section applies.

• (6) In relation to a child brought into the United Kingdom for adoption in circumstances where this section applies, regulations may provide for any provision of Part II to apply with modifications or not to apply.

• (7) If a person brings, or causes another to bring, a child into the United Kingdom at any time in circumstances where this section applies, he is guilty of an offence if—

• (a) he has not complied with any requirement imposed by virtue of subsection (4), or

• (b) any condition required to be met by virtue of subsection (5) is not met,

before that time, or before any later time which may be prescribed.

• (8) A person guilty of an offence under this section is liable—

• (a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both,

• (b) on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.

• (9) Regulations may provide for the preceding provisions of this section not to apply if—

• (a) the adopters or (as the case may be) prospective adopters are natural parents, natural relatives or guardians of the child in question (or one of them is), or

• (b) the British resident in question is a step-parent of the child,

and any prescribed conditions are met.

• (10) On the occasion of the first exercise of the power to make regulations under subsection (9)—

• (a) the regulations shall not be made unless a draft of the regulations has been approved by a resolution of each House of Parliament, and

• (b) accordingly section 67(2) does not apply to the statutory instrument containing the regulations.

• (11) In this section, “ prescribed ” means prescribed by regulations and “ regulations ” means regulations made by the Secretary of State, after consultation with the National Assembly for Wales.

Prohibition on certain payments.

Transitional provisions, amendments and repeals.

Transitional provisions, amendments and repeals.

Progress reports to former parent.

Disclosure of birth records of adopted children.

Short title, commencement and extent.

9A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on arranging adoptions and placing of children.

Status conferred by adoption.

Disclosure of birth records of adopted children.

Revocation of adoptions on legitimation.

Permitted allowances.

Transitional provisions, amendments and repeals.

Appeals etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions, amendments and repeals.

Status conferred by adoption.