Adoption Act 1976

Restrictions on removal of children E+W

27 Restrictions on removal where adoption agreed or application made under s. 18. E+W

(1) While an application for an adoption order is pending in a case where a parent or guardian of the child has agreed to the making of the adoption order (whether or not he knows the identity of the applicant), the parent or guardian is not entitled, against the will of the person with whom the child has his home, to remove the child from the [F1 [F2 actual] custody][F1 home] of that person except with the leave of the court.

(2) While an application is pending for an order freeing a child for adoption and—

(a) the child is in the care of the adoption agency making the application, and

(b) the application was not made with the consent of each parent or guardian of the child,

no parent or guardian of the child is entitled, against the will of the person with whom the child has his home, to remove the child from the [F1 [F2 actual] custody][F1 home] of that person except with the leave of the court.

[F3 (2A) For the purposes of subsection (2) a child is in the care of an adoption agency if the adoption is a local authority and he is in their care.]

(3) Any person who contravenes subsection (1) or (2) 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 [F4 level 5 on the standard scale] or both.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F1 Word “home” substituted (prosp.) for words “actual custody” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 12(a) (with Sch. 14 para. 1(1))

F2 Word inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 60(c)

F3 S. 27(2A) inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 13 (with Sch. 14 para. 1(1))

F4 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F5 S. 27(4)(5), 28(8)(9) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 9, 30, Sch. 2 para. 33, Sch. 10 Pt. I

28 Restrictions on removal where applicant has provided home for 5 years. E+W

(1) While an application for an adoption order in respect of a child made by the person with whom the child has had his home for the 5 years preceding the application is pending, no person is entitled, against the will of the applicant, to remove the child from the applicant’s [F6 [F7 actual] custody][F6 home] except with the leave of the court or under authority conferred by any enactment or on the arrest of the child.

(2) Where a person ( “the prospective adopter”) gives notice to the local authority within whose area he has his home that he intends to apply for an adoption order in respect of a child who for the preceding 5 years has had his home with the prospective adopter, no person is entitled, against the will of the prospective adopter, to remove the child from the prospective adopter’s [F6 [F7 actual] custody][F6 home], except with the leave of a court or under authority conferred by any enactment or on the arrest of the child, before—

(a) the prospective adopter applies for the adoption order, or

(b) the period of 3 months from the receipt of the notice by the local authority expires,

whichever occurs first.

[F8 (2A) The reference in subsections (1) and (2) to any enactment does not include a reference to section 20(8) of the Children Act 1989]

[X1 (3) In any case where subsection (1) or (2) applies and—

(a) the child was in the care of a local authority before he began to have his home with the applicant or, as the case may be, the prospective adopter, and

(b) the child remains in the care of [F9 a local authority],

the authority [F10 in whose care the child is] shall not remove the child from the actual custody of the applicant or of the prospective adopter except in accordance with section 30 or 31 or with leave of a court.]

[F11 (3) In any case where subsection (1) or (2) applies and—

(a) the child was being looked after by a local authority before he began to have his home with the applicant or, as the case may be, the prospective adopter, and

(b) the child is still being looked after by a local authority,

the authority which are looking after the child shall not remove him from the home of the applicant or the prospective adopter except in accordance with section 30 or 31 or with the leave of a court.]

(4) In subsections (2) and (3) “a court” means a court with jurisdiction to make adoption orders.

(5) A local authority which [F12 receives][F12 receive] such notice as is mentioned in subsection (2) in respect of a child whom the authority know to be [F13 in the care of another local authority or of a voluntary organisation][F13 looked after by another local authority] shall, not more than 7 days after the receipt of the notice, inform that other authority [F14 or the organisation], in writing, that they have received the notice.

(6) Subsection (2) does not apply to any further notice served by the prospective adopter on any local authority in respect of the same child during the period referred to in paragraph (b) of that subsection or within 28 days after its expiry.

(7) Any person who contravenes subsection (1) or (2) 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 [F15 level 5 on the standard scale] or both.

(8)(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(10) The Secretary of State may by order amend subsection (1) or (2) to substitute a different period for the period of 5 years mentioned in that subsection (or the period which, by a previous order under this subsection, was substituted for that period).

Editorial Information

X1 S. 28(3) appearing second substituted (prosp.) for s. 28(3) appearing first by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 14(2) (with Sch. 14 para. 1(1))

Textual Amendments

F6 Word “home” substituted (prosp.) for words “actual custody” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 12(b) (with Sch. 14 para. 1(1))

F7 Word inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 60(c)

F8 S. 28(2A) inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 14(1) (with Sch. 14 para. 1(1))

F9 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89, Sch. 1, Sch. 2 para. 50(a)

F10 Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89, Sch. 1, Sch. 2 para. 50(b)

F11 S. 28(3) appearing second substituted (prosp.) for s. 28(3) appearing first by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 14(2) (with Sch. 14 para. 1(1))

F12 Word “receive” substituted (prosp.) for word “receives” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 14(3)(a) (with Sch. 14 para. 1(1))

F13 Words commencing “looked after” substituted (prosp.) for words commencing “in the care of” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 14(3)(b) (with Sch. 14 para. 1(1))

F14 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4))

F15 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F16 S. 27(4)(5), 28(8)(9) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 9, 30, Sch. 2 para. 33, Sch. 10 Pt. I

29 Return of child taken away in breach of s. 27 or 28. E+W

[X2 (1) An authorised court may on the application of a person from whose [F17 actual] custody a child has been removed in breach of section 27 or 28 [F18 , or section 27 or 28 of the Adoption (Scotland) Act 1978] order the person who has so removed the child to return the child to the applicant.

X2 (2) An authorised court may on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from the applicant’s [F17 actual] custody in breach of section 27 or 28 [F18 , or section 27 or 28 of the Adoption (Scotland) Act 1978] by order direct that other person not to remove the child from the applicant’s [F17 actual] custody in breach of section 27 or 28 [F18 , or section 27 or 28 of the Adoption (Scotland) Act 1978].]

[F19 (1) An authorised court may, on the application of a person from whose home a child has been removed in breach of—

(a) section 27 or 28,

(b) section 27 or 28 of the M1 Adoption (Scotland) Act 1978, or

(c) Article 28 or 29 of the M2 Adoption (Northern Ireland) Order 1987

order the person who has so removed the child to return the child to the applicant.

(2) An authorised court may, on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from his home in breach of—

(a) section 27 or 28,

(b) section 27 or 28 of the Adoption (Scotland) Act 1978, or

(c) Article 28 or 29 of the Adoption (Northern Ireland) Order 1987,

by order direct that other person not to remove the child from the applicant’s home in breach of any of those provisions.]

(3) If, in the case of an order made by the High Court under subsection (1), the High Court or, in the case of an order made by a county court under subsection (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising an officer of the court to search such premises as may be specified in the order for the child and, if the officer finds the child, to return the child to the applicant.

(4) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom an order under subsection (1) relates is in premises specified in the information, he may issue a search warrant authorising a constable to search the premises for the child; and if a constable acting in pursuance of a warrant under this section finds the child, he shall return the child to the person on whose application the order under subsection (1) was made.

(5) An order under subsection (3) may be enforced in like manner as a warrant for committal.

Editorial Information

X2 S. 29(1)(2) commencing “(1) An authorised court may, on the application of a person from whose home” substituted (prosp.) for s. 29(1)(2) commencing “(1) An authorised court may on the application of a person from whose [actual custody]” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 15 (with Sch. 14 para. 1(1))

Textual Amendments

F17 Word inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 60(c)

F18 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 34

F19 S. 29(1)(2) commencing “(1) An authorised court may, on the application of a person from whose home” substituted (prosp.) for s. 29(1)(2) commencing “(1) An authorised court may on the application of a person from whose [actual custody]” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 15 (with Sch. 14 para. 1(1))

Marginal Citations

M1 1978 c. 28 (49:11).

M2 S.I. 1987/2203 (N.I. 22).

30 Return of children placed for adoption by adoption agencies. E+W

(1) Subject to subsection (2), at any time after a child has been [F20 delivered into the actual custody of][F20 placed with] any person in pursuance of arrangements made by an adoption agency for the adoption of the child by that person, and before an adoption order has been made on the application of that person in respect of the child,—

(a) that person may give notice to the agency of his intention not to [F21 retain the [F22 actual] custody of the child][F21 give the child a home]; or

(b) the agency may cause notice to be given to that person of their intention not to allow the child to remain in his [F23 [F22 actual] custody][F23 home].

(2) No notice under paragraph (b) of subsection (1) shall be given in respect of a child in relation to whom an application has been made for an adoption order except with the leave of the court to which the application has been made.

(3) Where a notice is given to an adoption agency by any person or by an adoption agency to any person under subsection (1), or where an application for an adoption order made by any person in respect of a child placed [F24 in his actual custody][F24 with him] by an adoption agency is refused by the court or withdrawn, that person shall, within 7 days after the date on which notice was given or the application refused or withdrawn, as the case may be, cause the child to be returned to the agency, who shall receive the child.

(4) Where the period specified in an interim order made under section 25 (whether as originally made or as extended under subsection (2) of that section) expires without an adoption order having been made in respect of the child, subsection (3) shall apply as if the application for an adoption order upon which the interim order was made, had been refused at the expiration of that period.

(5) It shall be sufficient compliance with the requirements of subsection (3) if the child is delivered to, and is received by, a suitable person nominated for the purpose by the adoption agency.

(6) Where an application for an adoption order is refused the court may, if it thinks fit at any time before the expiry of the period of 7 days mentioned in subsection (3), order that period to be extended to a duration, not exceeding 6 weeks, specified in the order.

(7) Any person who contravenes the provisions of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F25 level 5 on the standard scale] or to both; and the court by which the offender is convicted may order the child in respect of whom the offence is committed to be returned to his parent or guardian or to the adoption agency which made the arrangements referred to in subsection (1).

Textual Amendments

F20 Words “placed with” substituted (prosp.) for “delivered into the actual custody of” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 16(1)(a) (with Sch. 14 para. (1))

F21 Words “give the child a home” substituted (prosp.) for “retain the actual custody of the child” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 16(1)(b) (with Sch. 14 para. 1(1))

F22 Word inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 60(c)

F23 Word “home” substituted (prosp.) for “actual custody” by Children Act 1989 (c. 41, SIF 20), s. 88, Sch. 10 para. 16(1)(c) (with Sch. 14 para. 1(1))

F24 Words “with him” substituted (prosp.) for “in his actual custody” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 16(2) (with Sch. 14 para. 1(1))

F25 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

31 Application of s. 30 where child not placed for adoption. E+W

(1) Where a person gives notice in pursuance of section 22(1) to the local authority within whose area he has his home of his intention to apply for an adoption order in respect of a [F26 child who is for the time being in the care of a local authority, not being a child who was delivered into the actual custody of that person in pursuance of such arrangements as are mentioned in section 30(1), that section shall apply as if the child had been so delivered, except][F26 child—

(a) who is (when the notice is given) being looked after by a local authority; but

(b) who was placed with that person otherwise than in pursuance of such arrangements as are mentioned in section 30(1),

that section shall apply as if the child had been placed in pursuance of such arrangements] that where the application is refused by the court or withdrawn the child need not be returned to the local authority in whose care he is unless that authority so require.

(2) Where notice of intention is given as aforesaid in respect of any child who is [F27 for the time being in the care of][F27 (when the notice is given) being looked after by] a local authority then, until the application for an adoption order has been made and disposed of, any right of the local authority to require the child to be returned to them otherwise than in pursuance of section 30 shall be suspended.

(3) While the child [F28 remains in the actual custody of][F28 has his home with] the person by whom the notice is given no contribution shall be payable (whether under a contribution order or otherwise) in respect of the child by any person liable under [F29 [F30 section 45 of the M3 Child Care Act 1980]][F29 Part III of Schedule 2 to the Children Act 1989] to make contributions in respect of him (but without prejudice to the recovery of any sum due at the time the notice is given), unless 12 weeks have elapsed since the giving of the notice without the application being made or the application has been refused by the court or withdrawn.

[F31 (4) Nothing in this section affects the right of any person who has parental responsibility for a child to remove him under section 20(8) of the Children Act 1989]

Textual Amendments

F26 Words commencing “child— (a) who is” substituted (prosp.) for words commencing “child who is for the time being”by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 17(1) (with Sch. 14 para. 1(1))

F27 Words commencing “(when the notice” substituted (prosp.) for words commencing “for the time being” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 17(2) (with Sch. 14 para. 1(1))

F28 Words “has his home with” substituted (prosp.) for “remains in the actual custody of” by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 10 para. 17(3)(a) (with Sch. 14 para. 1(1))

F29 Words commencing “Part III” substituted (prosp.) for words commencing “section 45” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 17(3)(b) (with Sch. 14 para. 1(1))

F30 Words substituted by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 38

F31 S. 31(4) added (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 17(4) (with Sch. 14 para. 1(1))

Marginal Citations

M3 1980 c. 5(20)