Adoption and Children Act 2002

53 Modification of 1989 Act [F1 and 2014 Act] in relation to adoption U.K.

(1) Where—

(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 F2 ... to apply with modifications, or not to apply, in relation to the child.

[F3 (2) The provisions are—

(a) section 22(4)(b), (c) and (d) and (5)(b) of the 1989 Act (duty to ascertain wishes and feelings of certain persons);

(b) sections 6(4)(b) and 78(3)(a) of the 2014 Act (duty to ascertain wishes and feelings of certain persons);

(c) paragraphs 15 and 21 of Schedule 2 to the 1989 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance);

(d) section 95 of and paragraph 1 of Schedule 1 to the 2014 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance).]

(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 [F4 the 1989 Act] to have effect in relation to the child whether or not he is accommodated by or on behalf of the society,

(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 otherwise) under Part 3 of Schedule 2 to [F5 the 1989 Act (contributions towards maintenance of children looked after by local authorities) or under Schedule 1 to the 2014 Act (contributions towards maintenance of looked after children)] 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 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(b) an application for such an order is withdrawn or refused.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.

Textual Amendments

F1 Words in s. 53 heading inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 197(e)

F2 Words in s. 53(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 197(a)

F3 S. 53(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 197(b)

F4 Words in s. 53(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 197(c)

F5 Words in s. 53(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 197(d)

Modifications etc. (not altering text)

C1 S. 53(5) applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 11(1)(q), 52, 55

Commencement Information

I1 S. 53(1)-(3) in force at 7.2.2004 for W. by S.I. 2004/252, art. 2(b)

I2 S. 53(1)-(3) in force at 7.12.2004 for E. by S.I. 2004/3203, art. 2(1)(h)

I3 S. 53(4)-(6) in force at 30.12.2005 by S.I. 2005/2213, art. 2(c) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)