The Adoptions with a Foreign Element Regulations 2005

Withdrawal of child from prospective adopter

This section has no associated Explanatory Memorandum

27.—(1) Where the relevant local authority are of the opinion that the continued placement of the child is not in the child’s best interests—

(a)that authority must give notice to the prospective adopter of their opinion and request the return of the child to them; and

(b)subject to paragraph (3), the prospective adopter must, not later than the end of the period of seven days beginning with the date on which notice was given, return the child to that authority.

(2) Where the relevant local authority has given notice under paragraph (1), that authority must at the same time notify the relevant Central Authority that they have requested the return of the child.

(3) Where notice is given under paragraph (1) but—

(a)an application for a Convention adoption order was made prior to the giving of that notice; and

(b)the application has not been disposed of,

the prospective adopter is not required by virtue of paragraph (1) to return the child unless the court so orders.

(4) This regulation does not affect the exercise by any local authority or other person of any power conferred by any enactment or the exercise of any power of arrest.