Mental Capacity Act 2005

27 Family relationships etc. E+W

(1) Nothing in this Act permits a decision on any of the following matters to be made on behalf of a person—

(a) consenting to marriage or a civil partnership,

(b) consenting to have sexual relations,

(c) consenting to a decree of divorce being granted on the basis of two years' separation,

(d) consenting to a dissolution order being made in relation to a civil partnership on the basis of two years' separation,

(e) consenting to a child's being placed for adoption by an adoption agency,

(f) consenting to the making of an adoption order,

(g) discharging parental responsibilities in matters not relating to a child's property,

(h) giving a consent under the Human Fertilisation and Embryology Act 1990 (c. 37).

[F1 (i) giving a consent under the Human Fertilisation and Embryology Act 2008.]

(2) “Adoption order” means—

(a) an adoption order within the meaning of the Adoption and Children Act 2002 (c. 38) (including a future adoption order), and

(b) an order under section 84 of that Act (parental responsibility prior to adoption abroad).

Textual Amendments

F1 S. 27(1)(i) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 40; S.I. 2009/479, art. 6(1)(d) (with transitional provisions in art. 7, Sch. 1)

Modifications etc. (not altering text)

C1 S. 27(1)(g) restricted (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 65

C2 S. 27(1)(g) excluded (1.4.2015) by The Special Educational Needs and Disability (Detained Persons) Regulations 2015 (S.I. 2015/62), regs. 1, 33

C3 S. 27(1)(g): power to restrict conferred (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 83, 100(3); S.I. 2020/1182, reg. 3(1)(j); S.I. 2021/373, art. 8(h)

C4 S. 27(1)(g) restricted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by 2010 c. 15, Sch. 17 para. 6F (as inserted by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(h); S.I. 2020/1182, reg. 3(1)(n); S.I. 2021/373, art. 8(j)(xxxiii))

C5 S. 27(1)(g) restricted (1.9.2021) by The Equality Act 2010 (Capacity of parents and persons over compulsory school age) (Wales) Regulations 2021 (S.I. 2021/403), regs. 1(2), 6

C6 S. 27(1)(g) restricted (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401), regs. 1(2), 42