Adoption Act 1976

12 Adoption orders. E+W

(1) An adoption order is an order [F1 vesting the parental rights and duties relating to a child in][F1 giving parental responsibility for a child to] the adopters, made on their application by an authorised court.

(2) The order does not affect [F2 the parental rights and duties so far as they relate][F2 parental responsibility so far as it relates] to any period before the making of the order.

(3) The making of an adoption order operates to extinguish—

[X1 (a) any parental right or duty relating to the child which—

(i) is vested in a person (not being one of the adopters) who was the parent or guardian of the child immediately before the making of the order, or

(ii) is vested in any other person by virtue of the order of any court; and]

[F3 (a) the parental responsibility which any person has for the child immediately before the making of the order;

(aa) any order under the Children Act 1989]

(b) any duty arising by virtue of an agreement or the order of a court to make payments, so far as the payments are in respect of the child’s maintenance [F4 for any period after the making of the order or any other matter comprised in the parental duties and relating to such a period.][F4 or upbringing for any period after the making of the order.]

(4) Subsection (3)(b) does not apply to a duty arising by virtue of an agreement—

(a) which constitutes a trust, or

(b) which expressly provides that the duty is not to be extinguished by the making of an adoption order.

(5) An adoption order may not be made in relation to a child who is or has been married.

(6) An adoption order may contain such terms and conditions as the court thinks fit.

(7) An adoption order may be made notwithstanding that the child is already an adopted child.

Editorial Information

X1 S. 12(3)(a)(aa) commencing “(a) the parental responsibility” substituted (prosp.) for para. (a) commencing “any parental right” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 3(3) (with Sch. 14 para. 1(1))

Textual Amendments

F1 Words commencing “giving parental responsibility” substituted (prosp.) for words commencing “vesting the parental” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 3(1) (with Sch. 14 para. 1(1))

F2 Words commencing “parental responsibility” substituted (prosp.) for words commencing “the parental rights” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 3(2) (with Sch. 14 para. 1(1))

F3 S. 12(3)(a)(aa) commencing “(a) the parental responsibility” substituted (prosp.) for para. (a) commencing “any parental right” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 3(3) (with Sch. 14 para. 1(1))

F4 Words commencing “or upbringing” substituted (prosp.) for words commencing “for any period” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 3(3) (with Sch. 14 para. 1(1))