Adoption Act 1976

Part I — The Adoption Service

The Adoption Service

Establishment of Adoption Service

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Local authorities' social services

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Adoption societies

Transitional provisions, amendments and repeals.

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Withdrawal of approval

4

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

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Welfare of children

Duty to promote welfare of child

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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

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Inspection of books, etc., of approved adoption societies

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Restriction on arranging adoptions and placing of children

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Part II — Adoption Orders

The making of adoption orders

Adoption orders

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Child to live with adopters before order made

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Adoption by married couple

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Adoption by one person

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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

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• (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

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• (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

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• (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

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Reports where child placed by agency

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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

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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 "

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

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Removal of protected children from unsuitable surroundings

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Notices and information to be given to local authorities

35

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Offences relating to protected children

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Miscellaneous provisions relating to protected children

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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

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• (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

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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

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• (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.