- Latest available (Revised)
- Point in Time (01/04/2007)
- Original (As enacted)
Version Superseded: 01/10/2007
Point in time view as at 01/04/2007.
Adoption and Children Act 2002, Cross Heading: Placement and adoption: general is up to date with all changes known to be in force on or before 12 December 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The court cannot dispense with the consent of any parent or guardian of a child to the child being placed for adoption or to the making of an adoption order in respect of the child unless the court is satisfied that—
(a)the parent or guardian cannot be found or is incapable of giving consent, or
(b)the welfare of the child requires the consent to be dispensed with.
(2)The following provisions apply to references in this Chapter to any parent or guardian of a child giving or withdrawing—
(a)consent to the placement of a child for adoption, or
(b)consent to the making of an adoption order (including a future adoption order).
(3)Any consent given by the mother to the making of an adoption order is ineffective if it is given less than six weeks after the child’s birth.
(4)The withdrawal of any consent to the placement of a child for adoption, or of any consent given under section 20, is ineffective if it is given after an application for an adoption order is made.
(5)“Consent” means consent given unconditionally and with full understanding of what is involved; but a person may consent to adoption without knowing the identity of the persons in whose favour the order will be made.
(6)“Parent” (except in subsections (9) and (10) below) means a parent having parental responsibility.
(7)Consent under section 19 or 20 must be given in the form prescribed by rules, and the rules may prescribe forms in which a person giving consent under any other provision of this Part may do so (if he wishes).
(8)Consent given under section 19 or 20 must be withdrawn—
(a)in the form prescribed by rules, or
(b)by notice given to the agency.
(9)Subsection (10) applies if—
(a)an agency has placed a child for adoption under section 19 in pursuance of consent given by a parent of the child, and
(b)at a later time, the other parent of the child acquires parental responsibility for the child.
(10)The other parent is to be treated as having at that time given consent in accordance with this section in the same terms as those in which the first parent gave consent.
Modifications etc. (not altering text)
C1S. 52(1)-(4) applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 11(1)(p), 52, 55
Commencement Information
I1S. 52 in force at 30.12.2005 by S.I. 2005/2213, art. 2(c) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
(1)Where—
(a)a local authority are authorised to place a child for adoption, or
(b)a child who has been placed for adoption by a local authority is less than six weeks old,
regulations may provide for the following provisions of the 1989 Act to apply with modifications, or not to apply, in relation to the child.
(2)The provisions are—
(a)section 22(4)(b), (c) and (d) and (5)(b) (duty to ascertain wishes and feelings of certain persons),
(b)paragraphs 15 and 21 of Schedule 2 (promoting contact with parents and parents’ obligation to contribute towards maintenance).
(3)Where a registered adoption society is authorised to place a child for adoption or a child who has been placed for adoption by a registered adoption society is less than six weeks old, regulations may provide—
(a)for section 61 of that Act to have effect in relation to the child whether or not he is accommodated by or on behalf of the society,
(b)for subsections (2)(b) to (d) and (3)(b) of that section (duty to ascertain wishes and feelings of certain persons) to apply with modifications, or not to apply, in relation to the child.
(4)Where a child’s home is with persons who have given notice of intention to adopt, no contribution is payable (whether under a contribution order or otherwise) under Part 3 of Schedule 2 to that Act (contributions towards maintenance of children looked after by local authorities) in respect of the period referred to in subsection (5).
(5)That period begins when the notice of intention to adopt is given and ends if—
(a)the period of four months beginning with the giving of the notice expires without the prospective adopters applying for an adoption order, or
(b)an application for such an order is withdrawn or refused.
(6)In this section, “notice of intention to adopt” includes notice of intention to apply for a Scottish or Northern Irish adoption order.
Modifications etc. (not altering text)
C2S. 53(5) applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 11(1)(q), 52, 55
Commencement Information
I2S. 53(1)-(3) in force at 7.2.2004 for W. by S.I. 2004/252, art. 2(b)
I3S. 53(1)-(3) in force at 7.12.2004 for E. by S.I. 2004/3203, art. 2(1)(h)
I4S. 53(4)-(6) in force at 30.12.2005 by S.I. 2005/2213, art. 2(c) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
Regulations under section 9 may require adoption agencies in prescribed circumstances to disclose in accordance with the regulations prescribed information to prospective adopters.
Commencement Information
I5S. 54 in force at 7.2.2004 for W. by S.I. 2004/252, art. 2(b)
I6S. 54 in force at 7.12.2004 for E. by S.I. 2004/3203, art. 2(1)(i)
(1)Where any child adopted by one natural parent as sole adoptive parent subsequently becomes a legitimated person on the marriage of the natural parents, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke the order.
(2)In relation to an adoption order made by a magistrates’ court, the reference in subsection (1) to the court by which the order was made includes a court acting for the same [F1local justice] area.
Textual Amendments
F1Words in s. 55(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 412; S.I. 2005/910, art. 3(y)
Commencement Information
I7S. 55 in force at 30.12.2005 by S.I. 2005/2213, art. 2(c) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: