(1)An adoption order is an order vesting the parental [F1responsibilities and parental rights in relation] to a child in the adopters, made on their application by an authorised court [F2; except that an adoption order may be made in relation to a person who has attained the age of 18 years if the application for it was made before such attainment].
(2)The order does not affect the parental [F3responsibilities and parental rights] so far as they relate to any period before the making of the order.
(3)[F4Subject to subsection (3A)]the making of an adoption order operates to extinguish—
(a)any parental [F5responsibility or parental right] relating to the child which immediately before the making of the order was vested in a person (not being one of the adopters) who was—
(i)a parent of the child, or
(ii)a F6 . . . guardian of the child appointed by a deed or by the order of a court;
(b)any duty owed to F7. . . the child—
(i)to pay or provide aliment in respect of any period occurring after the making of the order;
(ii)to make any payment arising out of parental [F8responsibilities and parental rights] in respect of such a period.
F9[(3A)Where the adoption order is made by virtue of section 15(1)(aa), its making shall not operate to extinguish the parental responsibilities and parental rights which immediately before the making of the order were vested in the natural parent to whom the adopter is married.]
(4)Nothing in subsection (3) shall F10. . .
extinguish any duty arising under a deed or agreement which constitutes a trust or which expressly provides that the duty is not to be extinguished by the making of an adoption order;
F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
F12[(8)An adoption order shall not be made in relation to a child of or over the age of 12 years unless with the child’s consent; except that, where the court is satisfied that the child is incapable of giving his consent to the making of the order, it may dispense with that consent.]
F13[(9)Where a court making an adoption order in relation to a child who is subject to a supervision requirement is satisfied that, in consequence of its doing so, compulsory measures of supervision in respect of the child are no longer necessary, it may determine that the child shall forthwith cease to be subject to that requirement.]
Textual Amendments
F1Words in s. 12(1) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 7(a)(i) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F2Words in s. 12(1) added (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 7(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F3Words in s. 12(2) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 7(b) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F4Words in s. 12(3) inserted (1.4.1997) by 1995 c. 36, s. 97(1)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F5Words in s. 12(3)(a) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 7(c)(i) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F6Words in s. 12(3)(a)(ii) repealed (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10, 11(2), Sch. 2 (with s. 1(3))
F7Words in s. 12(3)(b) repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
F8Words in s. 12(3)(b) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 7(c)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F9S. 12(3A) inserted (1.4.1997) by 1995 c. 36, s. 97(1)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, art. 2)
F10Word “a” in s. 12(4) repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
F11S. 12(4)(b) repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
F12S. 12(8) substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50,SIF 49:8), ss. 2(3)(a), 11(2) (with s. 1(3))
F13S. 12(9) added (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 7(d) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
Modifications etc. (not altering text)
C1S. 12 applied (with modifications) (1.6.2003) by The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (S.S.I. 2003/19), reg. 1(1), sch. 3 (with reg. 35)
(1)Where the applicant, or one of the applicants, is a parent, step-parent or relative of the child, or the child was placed with the applicants by an adoption agency, an adoption order shall not be made unless the child is at least 19 weeks old and at all times during the preceding 13 weeks had his home with the applicants or one of them.
(2)Where subsection (1) does not apply, an adoption order shall not be made unless the child is at least 12 months old and at all times during the preceding 12 months had his home with the applicants or one of them.
(3)An adoption order shall not be made unless the court is satisfied that sufficient opportunities to see the child with the applicant, or, in the case of an application by a married couple, both applicants together in the home environment have been afforded—
(a)where the child was placed with the applicant by an adoption agency, to that agency, or
(b)in any other case, to the local authority within whose area the home is.
[F14(4)In relation to—
(a)an adoption proposed to be effected by a Convention adoption order; or
(b)an adoption of a child habitually resident outside the British Islands which is proposed to be effected by an adoption order other than a Convention adoption order,
subsection (1) shall have effect as if the reference to the preceding 13 weeks were a reference to the preceding six months.]
Textual Amendments
F14S. 13(4) inserted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 11, 18(3); S.S.I. 2003/121, art. 2(f)
Modifications etc. (not altering text)
C2S. 13 excluded (transitionally) by S.I. 1984/1050, art. 4, Sch. paras. 2, 3
C3S. 13 applied (with modifications) (1.6.2003) by The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (S.S.I. 2003/19), reg. 1(1), sch. 3 (with reg. 35)
[F15(1)F16. . ., an adoption order shall not be made on the application of more than one person except in the circumstances specified in subsections (1A) and (1B).
(1A)An adoption order may be made on the application of a married couple where both the husband and the wife have attained the age of 21 years.
(1B)An adoption order may be made on the application of a married couple where—
(a)the husband or the wife—
(i)is the father or mother of the child; and
(ii)has attained the age of 18 years; and
(b)his or her spouse has attained the age of 21 years.]
(2)An adoption order shall not be made on the application of a married couple unless—
(a)at least one of them is domiciled in a part of the United Kingdom, or in the Channel Islands or the Isle of Man, or
(b)the application is for a Convention adoption order and [F17the requirements of regulations under section 17 are] complied with [F18, or.
(c)both of them were habitually resident in any of the places mentioned in paragraph (a) above throughout the period of one year which ends with the date of their application]
.
Textual Amendments
F15S. 14(1)–(1B) substituted (14.10.1991) for s. 14(1) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 33 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F16Words in s. 14(1) repealed (1.11.1996) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 8(a), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
F17Words in s. 14(2)(b) substituted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), s. 18(3), Sch. 2 para. 4(1) (with s. 17); S.S.I. 2003/121, art. 2(i)
F18S. 14(2)(c) and the word preceding it added (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 8(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
(1)F19. . . an adoption order may be made on the application of one person where he has attained the age of 21 years and—
(a)is not married, or
[F20(aa)not being a person who may make application by virtue of paragraph (b) below, is married to a person—
(i)who is the natural parent of the child concerned; and
(ii)in whom are vested parental responsibilities and parental rights in relation to the child,]
(b)[F21not being a person who may make application by virtue of paragraph (aa) above,] is married and the court is satisfied that—
(i)his spouse cannot be found, or
(ii)the spouses have separated and are living apart, and the separation is likely to be permanent, or
(iii)his spouse is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.
(2)An adoption order shall not be made on the application of one person unless—
(a)he is domiciled in a part of the United Kingdom, or in the Channel Islands or the Isle of Man, or
(b)the application is for a Convention adoption order and [F22the requirements of regulations under section 17 are] complied with [F23, or
(c)he was habitually resident in any of the places mentioned in paragraph (a) above throughout the period of one year which ends with the date of his application]
.
(3)An adoption order shall not be made on the application of the mother or father of the child alone unless the court is satisfied that—
(a)the other F24. . .parent is dead or cannot be found [F25or, by virtue of section 28 of the Human Fertilisation and Embryology Act 1990, there is no other parent], or
(b)there is some other reason justifying the exclusion of the other F24. . . parent,
and where such an order is made the reason justifying the exclusion of the other F24. . . parent shall be recorded by the court.
Textual Amendments
F19Words in s. 15(1) repealed (1.11.1996) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 9(a), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
F20S. 15(1)(aa) inserted (1.4.1997) by 1995 c. 36, s. 97(2)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F21Words in s. 15(1)(b) inserted (1.4.1997) by 1995 c. 36, s. 97(2)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F22Words in s. 15(2)(b) substituted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), s. 18(3), Sch. 2 para. 4(2) (with s. 17); S.S.I. 2003/121, art. 2(i)
F23S. 15(2)(c) and the word preceding it added (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 9(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F24Words in s. 15(3) repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
F25Words in s. 15(3)(a) inserted (1.8.1991) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 49(5), Sch. 4 para. 6 (with ss. 39(3), 43(2)); S.I. 1991/1400, art. 2(2)
(1)An adoption order shall not be made unless—
(a)the child is free for adoption by virtue of an order made
[F26(i)in Scotland under section 18;
(ii)in England and Wales under section 18 of the Adoption Act 1976; or
(iii)in Northern Ireland under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987,
and not revoked]; 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).
F27[(2)The grounds mentioned in subsection (1)(b)(ii) are, that the parent or guardian—
(a)is not known, cannot be found or is incapable of giving agreement;
(b)is withholding agreement unreasonably;
(c)has persistently failed, without reasonable cause, to fulfil one or other of the following parental responsibilities in relation to the child—
(i)the responsibility to safeguard and promote the child’s health, development and welfare; or
(ii)if the child is not living with him, the responsibility to maintain personal relations and direct contact with the child on a regular basis;
(d)has seriously ill-treated the child, whose reintegration into the same household as the parent or guardian is, because of the serious ill-treatment or for other reasons, unlikely.]
F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
F29(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Words in s. 16(1)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 88, 108, Sch. 10 para. 34 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F27S. 16(2) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 10(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F28S. 16(3) repealed (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), s. 18(3), Sch. 2 para. 4(3), Sch. 3 (with s. 17); S.S.I. 2003/121, art. 2(i)
F29S. 16(5) repealed (1.4.1997) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 10(b), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
Modifications etc. (not altering text)
C4S. 16 applied (with modifications) (1.6.2003) by The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (S.S.I. 2003/19), reg. 1(1), sch. 3 (with reg. 35)
An adoption order shall be made as a Convention adoption order if—
(a)the application is for a Convention adoption order; and
(b)such requirements as may be prescribed by regulations made by the Secretary of State are complied with.]
Textual Amendments
F30S. 17 substituted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 3, 18(3) (with s. 17); S.S.I. 2003/121, art. 2(b)