Adoption and Children Act 2002

28 Further consequences of placement E+W+S

(1) Where a child is placed for adoption under section 19 or an adoption agency is authorised to place a child for adoption under that section—

(a) a parent or guardian of the child may not apply for a residence order unless an application for an adoption order has been made and the parent or guardian has obtained the court’s leave under subsection (3) or (5) of section 47,

(b) if an application has been made for an adoption order, a guardian of the child may not apply for a special guardianship order unless he has obtained the court’s leave under subsection (3) or (5) of that section.

(2) Where—

(a) a child is placed for adoption under section 19 or an adoption agency is authorised to place a child for adoption under that section, or

(b) a placement order is in force in respect of a child,

then (whether or not the child is in England and Wales) a person may not do either of the following things, unless the court gives leave or each parent or guardian of the child gives written consent.

(3) Those things are—

(a) causing the child to be known by a new surname, or

(b) removing the child from the United Kingdom.

(4) Subsection (3) does not prevent the removal of a child from the United Kingdom for a period of less than one month by a person who provides the child’s home.

Modifications etc. (not altering text)

C1 S. 28(1) applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 11(1)(f), 52, 55

C2 S. 28(2) applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 52, 53

C3 S. 28(2)-(4) extended (S.) (with modifications) by 1978 c. 28, s. 53B (as inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 30 (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c))

C4 S. 28(2) applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 6, 7

Commencement Information

I1 S. 28 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)