Explanatory Notes

Adoption and Children Act 2002

2002 CHAPTER 38

7th November 2002

Commentary on Sections

Part 1 – Adoption

Chapter 3  - Placement for Adoption and Adoption Orders
Section 31: Recovery by parent etc. where child not placed or is a baby

108.Section 31 applies where a child is not yet placed for adoption but is being provided with accommodation by an adoption agency and consent to placement has been withdrawn, or where a child is placed for adoption and either the child is less than 6 weeks old or the agency has at no time been authorised to place the child (subsections (1) and (3)).  Consent to placement must be withdrawn by notice in writing to the agency or in the form prescribed.  If the parent informs the agency that he wishes the child to be returned to him, the agency must return the child to him within seven days unless the agency is a local authority and they have applied for a placement order (subsection (2)).