Adoption and Children Act 2002

Chapter 1Introductory

1 Considerations applying to the exercise of powers

Chapter 2The Adoption Service

The Adoption Service

2 Basic definitions

3 Maintenance of Adoption Service

4 Assessments etc. for adoption support services

5 Local authority plans for adoption services

6 Arrangements on cancellation of registration

7 Inactive or defunct adoption societies etc.

8 Adoption support agencies

9 General power to regulate adoption etc. agencies

10 Management etc. of agencies

12 Independent review of determinations

13 Information concerning adoption

14 Default power of appropriate Minister

15 Inspection of premises etc.

16 Distribution of functions in relation to registered adoption societies

Chapter 3Placement for adoption and adoption orders

Placement of children by adoption agency for adoption

18 Placement for adoption by agencies

19 Placing children with parental consent

20 Advance consent to adoption

21 Placement orders

22 Applications for placement orders

23 Varying placement orders

24 Revoking placement orders

25 Parental responsibility

27 Contact: supplementary

28 Further consequences of placement

29 Further consequences of placement orders

Removal of children who are or may be placed by adoption agencies

30 General prohibitions on removal

31 Recovery by parent etc. where child not placed or is a baby

32 Recovery by parent etc. where child placed and consent withdrawn

33 Recovery by parent etc. where child placed and placement order refused

34 Placement orders: prohibition on removal

35 Return of child in other cases

Removal of children in non-agency cases

36 Restrictions on removal

37 Applicants for adoption

38 Local authority foster parents

39 Partners of parents

40 Other non-agency cases

Breach of restrictions on removal

41 Recovery orders

Preliminaries to adoption

42 Child to live with adopters before application

43 Reports where child placed by agency

44 Notice of intention to adopt

45 Suitability of adopters

The making of adoption orders

46 Adoption orders

47 Conditions for making adoption orders

48 Restrictions on making adoption orders

49 Applications for adoption

50 Adoption by couple

51 Adoption by one person

Placement and adoption: general

52 Parental etc. consent

53 Modification of 1989 Act in relation to adoption

54 Disclosing information during adoption process

55 Revocation of adoptions on legitimation

Disclosure of information in relation to a person’s adoption

56 Information to be kept about a person’s adoption

57 Restrictions on disclosure of protected etc. information

58 Disclosure of other information

60 Disclosing information to adopted adult

61 Disclosing protected information about adults

62 Disclosing protected information about children

64 Other provision to be made by regulations

65 Sections 56 to 65: interpretation

Chapter 4Status of Adopted Children

66 Meaning of adoption in Chapter 4

67 Status conferred by adoption

68 Adoptive relatives

69 Rules of interpretation for instruments concerning property

70 Dispositions depending on date of birth

71 Property devolving with peerages etc.

72 Protection of trustees and personal representatives

73 Meaning of disposition

74 Miscellaneous enactments

Chapter 5The Registers

Adopted Children Register etc.

77 Adopted Children Register

78 Searches and copies

79 Connections between the register and birth records

Adoption Contact Register

80 Adoption Contact Register

81 Adoption Contact Register: supplementary

82 Interpretation

Chapter 6Adoptions with a foreign element

Bringing children into and out of the United Kingdom

83 Restriction on bringing children in

84 Giving parental responsibility prior to adoption abroad

85 Restriction on taking children out

86 Power to modify sections 83 and 85

Overseas adoptions

87 Overseas adoptions

88 Modification of section 67 for Hague Convention adoptions

89 Annulment etc. of overseas or Hague Convention adoptions

90 Section 89: supplementary

91 Overseas determinations and orders

91APower to charge

Chapter 7Miscellaneous

92 Restriction on arranging adoptions etc.

93 Offence of breaching restrictions under section 92

94 Restriction on reports

95 Prohibition of certain payments

96 Excepted payments

97 Sections 92 to 96: interpretation

98 Pre-commencement adoptions: information

99 Proceedings for offences

The Children and Family Court Advisory and Support Service

102 Officers of the Service

103 Right of officers of the Service to have access to adoption agency records

104 Evidence of consent

Scotland, Northern Ireland and the Islands

105 Effect of certain Scottish orders and provisions

106 Effect of certain Northern Irish orders and provisions

107 Use of adoption records from other parts of the British Islands

108 Channel Islands and the Isle of Man

109 Avoiding delay

110 Service of notices etc.

Part 2Amendments of the Children Act 1989

111 Parental responsibility of unmarried father

112 Acquisition of parental responsibility by step-parent

113 Section 8 orders: local authority foster parents

114 Residence orders: extension to age of 18

115 Special guardianship

116 Accommodation of children in need etc.

117 Inquiries by local authorities into representations

118 Review of cases of looked after children

119 Advocacy services

120 Meaning of “harm” in the 1989 Act

122 Interests of children in proceedings

Part 3Miscellaneous and final provisions

Chapter 1Miscellaneous

Advertisements in the United Kingdom

123 Restriction on advertisements etc.

124 Offence of breaching restriction under section 123

Adoption and Children Act Register

125 Adoption and Children Act Register

126 Use of an organisation to establish the register

127 Use of an organisation as agency for payments

128 Supply of information for the register

129 Disclosure of information

130 Territorial application

131S Supplementary

Other miscellaneous provisions

132 Amendment of Adoption (Scotland) Act 1978: contravention of sections 30 to 36 of this Act

133 Scottish restriction on bringing children into or out of United Kingdom

134 Amendment of Adoption (Scotland) Act 1978: overseas adoptions

135 Adoption and fostering: criminal records

136 Payment of grants in connection with welfare services

137 Extension of the Hague Convention to British overseas territories

138 Proceedings in Great Britain

Amendments etc.

139 Amendments, transitional and transitory provisions, savings and repeals

Chapter 2Final provisions

140 Orders, rules and regulations

141 Rules of procedure

142 Supplementary and consequential provision

143 Offences by bodies corporate and unincorporated bodies

144 General interpretation etc.

145 Devolution: Wales

148 Commencement

150 Short title

SCHEDULE 1Registration of adoptions

1Registration of adoption orders

2Registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel Islands

3Registration of other adoptions

4Amendment of orders and rectification of Registers and other records

5Marking of entries on re-registration of birth on legitimation

6Cancellations in registers on legitimation

SCHEDULE 2Disclosure of birth records by Registrar General

1On an application made in the prescribed manner by an...

2(1) Before giving any information to an applicant under paragraph...

3(1) Where an adopted person who is in England and...

4(1) Where a person— (a) was adopted before 12th November...

SCHEDULE 3Minor and consequential amendments

1The Marriage Act 1949 (c. 76)

2In subsection (1), for “person or persons specified in subsection...

3For subsection (1A) there is substituted— (1A) The appropriate persons...

4For subsection (1B) there is substituted— (1B) In this section—...

5In subsection (2), for “The last foregoing subsection” there is...

6The Births and Deaths Registration Act 1953 (c. 20)

7In section 10A of the Births and Deaths Registration Act...

8The Sexual Offences Act 1956 (c. 69)

9The Health Services and Public Health Act 1968 (c. 46)

10In section 64 (financial assistance by the Secretary of State...

11In section 65 (financial and other assistance by local authorities...

12The Local Authority Social Services Act 1970 (c. 42)

13In section 7D (default powers of Secretary of State as...

14In Schedule 1 (enactments conferring functions assigned to social services...

15The Immigration Act 1971 (c. 77)

16The Legitimacy Act 1976 (c. 31)

17In section 4 (legitimation of adopted child)—

18In section 6 (dispositions depending on date of birth), at...

19The Adoption Act 1976 (c. 36)

20The National Health Service Act 1977 (c. 49)

21The Adoption (Scotland) Act 1978 (c. 28)

22In section 11 (restriction on arranging adoptions and placing of...

23In section 16 (parental agreement to adoption order)—

24In section 29 (return of children taken away in breach...

25In section 45 (Adopted Children Register)— (a) in subsection (6)(d),...

26In section 47 (annulment etc. of overseas adoptions), in subsection...

27In section 50 (restriction on removal of children for adoption...

28Section 52 (restriction on advertisements) is omitted.

29In section 53 (effect of determination and orders made in...

30After section 53 there is inserted— Effect of certain orders...

31In section 54 (evidence of adoption in England, Wales and...

32In section 56 (authorised courts), in subsection (3), for “Great...

33In section 59 (rules of procedure)— (a) in subsection (2)—...

34In section 60 (orders, rules and regulations), after subsection (3)...

35In section 65 (interpretation), in subsection (1)—

36The Magistrates’ Courts Act 1980 (c. 43)

37In section 65 (meaning of family proceedings), in subsection (1),...

38In section 69 (sitting of magistrates’ courts for family proceedings),...

39In section 71 (newspaper reports of family proceedings)—

40In Part 1 of Schedule 6 (fees to be taken...

41The Mental Health Act 1983 (c. 20)

42The Child Abduction Act 1984 (c. 37)

43(1) The Schedule to that Act (modifications of section 1...

44The Matrimonial and Family Proceedings Act 1984 (c. 42)

45The Child Abduction and Custody Act 1985 (c. 60)

46The Family Law Act 1986 (c. 55)

47In section 1 (orders to which Part 1 applies), in...

48In section 2 (jurisdiction: general), after subsection (2) there is...

49In section 57 (declarations as to adoptions effected overseas)—

50The Family Law Reform Act 1987 (c. 42)

51In section 1 (general principle), for paragraph (c) of subsection...

52In section 19 (dispositions of property), in subsection (5), after...

53The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

54The Children Act 1989 (c. 41)

55In section 8 (residence, contact and other orders with respect...

56In section 10 (power of court to make section 8...

57In section 12 (residence orders and parental responsibility), in subsection...

58In section 16 (family assistance orders), in subsection (2)(a), for...

59In section 20 (provision of accommodation for children: general), in...

60In section 24 (persons qualifying for advice and assistance)—

61In section 24A (advice and assistance for qualifying persons)—

62In section 24B (assistance with employment, education and training), in...

63In section 33 (effect of care order)—

64In section 34 (parental contact etc. with children in care)—...

65In section 80 (inspection of children’s homes by persons authorised...

66In section 81 (inquiries), in subsection (1), paragraph (b) is...

67In section 88 (amendments of adoption legislation), subsection (1) is...

68In section 91 (effect and duration of orders, etc.)—

69In section 102 (power of constable to assist in exercise...

70In section 105 (interpretation), in subsection (1)—

71In Schedule 1 (financial provision for children)—

72In Schedule 2, in paragraph 19 (arrangements by local authorities...

73In Schedule 8 (privately fostered children), in paragraph 5, for...

74Part 1 of Schedule 10 is omitted.

75In Schedule 11 (jurisdiction), in paragraphs 1 and 2, for...

76The Human Fertilisation and Embryology Act 1990 (c. 37)

77In section 27 (meaning of mother), in subsection (2), for...

78In section 28 (meaning of father), in subsection (5)(c), for...

79In section 30 (parental orders in favour of gamete donors),...

80The Courts and Legal Services Act 1990 (c. 41)

81The Child Support Act 1991 (c. 48)

82The Children (Scotland) Act 1995 (c. 36)

83In subsection (3), in paragraph (a), for “section 18 (freeing...

84In subsection (6), in paragraph (b), for the words from...

85The Family Law Act 1996 (c. 27)

86In section 62 (meaning of “relevant child” etc.)—

87At the end of that section there is inserted—

88In section 63 (interpretation of Part 4)—

89The Housing Act 1996 (c. 52)

90In subsection (2), for the words from “has been freed”...

91After that subsection there is inserted— (2A) A child falls...

92In subsection (3), for the definition of “adoption order”, there...

93The Police Act 1997 (c. 50)

94The Protection of Children Act 1999 (c. 14)

95The Adoption (Intercountry Aspects) Act 1999 (c. 18)

96Section 2 of that Act (accredited bodies) is amended as...

97In subsection (2A)— (a) for the words from the beginning...

98For subsection (5) there is substituted— (5) In this section,...

99In subsection (6)— (a) the words “in its application to...

100Section 14 (restriction on bringing children into the United Kingdom...

101In section 16(1) (devolution: Wales), the words “, or section...

102The Access to Justice Act 1999 (c. 22)

103The Care Standards Act 2000 (c. 14)

104In section 4 (basic definitions), in subsection (7), for “the...

105At the end of section 5 (registration authorities) there is...

106In section 11 (requirement to register), in subsection (3), for...

107In section 14 (2) (offences conviction of which may result...

108In section 16(2) (power to make regulations providing that no...

109In section 22(10) (disapplication of power to make regulations in...

110In section 23 (standards), at the end of subsection (4)(d)...

111In section 31 (inspections by authorised persons), in subsection (3)(b),...

112In section 43 (introductory), in subsection (3)(a)—

113In section 46 (inspections: supplementary), in subsection (7)(c), for “section...

114In section 48 (regulation of fostering functions), at the end...

115In section 55(2)(b) (definition of “social care worker”), for “or...

116In section 121 (general interpretation)— (a) in subsection (1), in...

117In Schedule 4 (minor and consequential amendments), paragraph 27(b) is...

118The Criminal Justice and Court Services Act 2000 (c. 43)

SCHEDULE 4Transitional and transitory provisions and savings

1General rules for continuity

2General rule for old savings

3Adoption support services

4Regulation of adoption agencies

5Independent review mechanism

6Pending applications for freeing orders

7Freeing orders

8Pending applications for adoption orders

9Notification of adoption applications

10Adoptions with a foreign element

11In section 56 of the Adoption Act 1976 (restriction on...

12For section 56A of the Adoption Act 1976 (c. 36)...

13In section 72 of the Adoption Act 1976 (c. 36)...

15In section 52 of the Adoption (Scotland) Act 1978 (c....

16(1) The Secretary of State may make regulations providing for...

18Section 69 does not apply to a pre-1976 instrument.

19In section 70(1), the reference to Part 3 of the...

20Registration of adoptions

21The Child Abduction Act 1984 (c. 37)

22The Courts and Legal Services Act 1990 (c. 41)

23The Children (Scotland) Act 1995 (c. 36)

SCHEDULE 5Repeals

SCHEDULE 6Glossary

Royal arms

Adoption and Children Act 2002

2002 CHAPTER 38

An Act to restate and amend the law relating to adoption; to make further amendments of the law relating to children; to amend section 93 of the Local Government Act 2000; and for connected purposes.

[7th November 2002]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—