Part 1Adoption

C1Chapter 2The adoption process

Annotations:
Modifications etc. (not altering text)

The making of adoption orders

I1C1C230C1Adoption by one person

1

An adoption order may be made on the application of a person (“A”) if—

a

A is aged 21 or over,

b

subsection (2), (3), (4) or (5) applies,

c

one of the conditions in subsection (6) is met, and

d

where A is a natural parent of the child to be adopted, subsection (7) applies.

2

This subsection applies if A is not a member of a relevant couple.

3

This subsection applies if—

a

A and another person (“B”) are a relevant couple,

b

B is aged 18 or over,

c

B is a parent of the child to be adopted, and

d

B—

i

is domiciled in a part of the British Islands, or

ii

has been habitually resident in a part of the British Islands for a period of at least one year ending with the date of the application.

4

This subsection applies if—

a

A and B are—

i

married to each other, or

ii

civil partners of each other,

b

B is not a parent of the child to be adopted, and

c

the court is satisfied that—

i

B cannot be found,

ii

A and B have separated and are living apart and the separation is likely to be permanent, or

iii

B is by reason of ill-health (whether physical or mental) incapable of making an application for an adoption order.

5

This subsection applies if—

a

A and B are a relevant couple by virtue of being members of a couple falling within paragraph (c) or (d) of subsection (3) of section 29,

b

B is not a parent of the child to be adopted, and

c

the court is satisfied that B is by reason of ill-health (whether physical or mental) incapable of making an application for an adoption order.

6

Those conditions are—

a

that A is domiciled in a part of the British Islands,

b

that A has been habitually resident in a part of the British Islands for a period of at least one year ending with the date of the application.

7

This subsection applies if the court is satisfied that—

a

the other natural parent is dead,

b

the other natural parent cannot be found,

F1c

by virtue of the provisions specified in subsection (7A), there is no other parent, or

d

the exclusion of the other natural parent from the application for adoption is justified on some other ground.

F27A

The provisions referred to in subsection (7)(c) are—

a

section 28 of the Human Fertilisation and Embryology Act 1990 (disregarding subsections (5A) to (5I) of that section), or

b

sections 34 to 47 of the Human Fertilisation and Embryology Act 2008 (disregarding sections 39, 40 and 46 of that Act).

8

In subsections (3)(c), (4)(b) and (5)(b), “parent” has the meaning given by section 29(4).