Adoption and Children Act 2002, Section 49 is up to date with all changes known to be in force on or before 27 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)An application for an adoption order may be made by—
(a)a couple, or
(b)one person,
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.
(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 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.
Modifications etc. (not altering text)
C1S. 49 applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 52, 58
Commencement Information
I1S. 49 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)
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