16 Parental agreement.E+W
(1)An adoption order shall not be made unless—
(a)the child is free for adoption by virtue of an order made [F1in England and Wales under section 18 or made in Scotland under section 14 of the M1Children Act 1975 (freeing children for adoption in Scotland)]
[F1(i)in England and Wales, under section 18;
(ii)in Scotland, under section 18 of the Adoption (Scotland) M2Act 1978; or
(iii)in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order M31987.]; or
(b)in the case of each parent or guardian of the child the court is satisfied that—
(i)he freely, and with full understanding of what is involved, agrees unconditionally to the making of an adoption order (whether or not he knows the identity of the applicants), or
(ii)his agreement to the making of the adoption order should be dispensed with on a ground specified in subsection (2).
(2)The grounds mentioned in subsection (1)(b)(ii) are that the parent or guardian—
(a)cannot be found or is incapable of giving agreement;
(b)is withholding his agreement unreasonably;
(c)has persistently failed without reasonable cause to discharge [F2the parental duties in relation to][F2his parental responsibility for] the child;
(d)has abandoned or neglected the child;
(e)has persistently ill-treated the child;
(f)has seriously ill-treated the child (subject to subsection (5).
(3)Subsection (1) does not apply in any case where the child is not a United Kingdom national and the application for the adoption order is for a Convention adoption order.
(4)Agreement is ineffective for the purposes of subsection (1)(b)(i) if given by the mother less than six weeks after the child’s birth.
(5)Subsection (2)(f) does not apply unless (because of the ill-treatment or for other reasons) the rehabilitation of the child within the household of the parent or guardian is unlikely.
Textual Amendments
F1S. 16(1)(i)–(iii) substituted (prosp.) for words commencing “in England and Wales under section 18 or made in” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 5(1) (with Sch. 14 para. 1(1))
F2Words “his parental responsibility for” substituted (prosp.) for “the parental duties in relation to” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 5(2) (with Sch. 14 para. 1(1))
Marginal Citations
M11975 c. 72(49:3).