Part 1Adoption
Chapter 3Placement for adoption and adoption orders
The making of adoption orders
I147 Conditions for making adoption orders
C11
An adoption order may not be made if the child has a parent or guardian unless one of the following three conditions is met; but this section is subject to section 52 (parental etc. consent).
C12
The first condition is that, in the case of each parent or guardian of the child, the court is satisfied—
a
that the parent or guardian consents to the making of the adoption order,
b
that the parent or guardian has consented under section 20 (and has not withdrawn the consent) and does not oppose the making of the adoption order, or
c
that the parent’s or guardian’s consent should be dispensed with.
C13
A parent or guardian may not oppose the making of an adoption order under subsection (2)(b) without the court’s leave.
C14
The second condition is that—
a
the child has been placed for adoption by an adoption agency with the prospective adopters in whose favour the order is proposed to be made,
b
either—
i
the child was placed for adoption with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old, or
ii
the child was placed for adoption under a placement order, and
c
no parent or guardian opposes the making of the adoption order.
C15
A parent or guardian may not oppose the making of an adoption order under the second condition without the court’s leave.
C36
The third condition is that the childF2—
a
is the subject of a Scottish permanence order which includes provision granting authority for the child to be adopted, or
b
is free for adoption by virtue of an order made, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).
7
The court cannot give leave under subsection (3) or (5) unless satisfied that there has been a change in circumstances since the consent of the parent or guardian was given or, as the case may be, the placement order was made.
C28
An adoption order may not be made in relation to a person who is or has been married.
F18A
An adoption order may not be made in relation to a person who is or has been a civil partner.
C29
An adoption order may not be made in relation to a person who has attained the age of 19 years.
F310
In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 (S.S.I. 2009/267)).