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Adoption Act 1976
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Adoption Act 1976, Section 12 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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12 Adoption orders.E+W
(1)An adoption order is an order [F1giving parental responsibility for a child to] the adopters, made on their application by an authorised court.
(2)The order does not affect [F2parental 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—
[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 [F4or 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.
Textual Amendments
F1Words in s. 12(1) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.3(1)(with Sch. 14 para. 1(1)); S. I. 1991/828, art. 3(2)
F2Words in s. 12(2) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.3(2)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3S. 12(3)(a)(aa) substituted (14. 10. 1991) for para. (a) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 3(3)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F4Words in s. 12(3)(b) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.3(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
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