Title and introductory text
Adoption Act 1976 1976 c. 36 An Act to consolidate the enactments having effect in England and Wales in relation to adoption. [22nd July 1976]
Propose a changeLaw
Adoption Act 1976
United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2009-10-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 3ed94cc875bd567b14fecd0dd8ddf39e0bf6ca977f051d1278f90ff04bcbd7e9
Contents: 85 provisions
- Title and introductory text
- 1 Establishment of Adoption Service.
- 2 Local authorities’ social services.
- 3 Approval of adoption societies.
- 4 Withdrawal of approval.
- 5 Procedure on refusal to approve, or withdrawal of approval from, adoption societies.
- 6 Duty to promote welfare of child.
- 7 Religious upbringing of adopted child.
- 8 Inactive or defunct adoption societies.
- 9 Regulation of adoption agencies.
- 9A Independent review of determinations
- 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 11 Restriction on arranging adoptions and placing of children.
- 12 Adoption orders.
- 13 Child to live with adopters before order made.
- 14 Adoption by married couple.
- 15 Adoption by one person.
- 16 Parental agreement.
- 17 Convention adoption orders.
- 18 Freeing child for adoption.
- 19 Progress reports to former parent.
- 20 Revocation of s. 18 order.
- 21 Variation of section 18 order so as to substitute one adoption agency for another.
- 22 Notification to local authority of adoption application.
- 23 Reports where child placed by agency.
- 24 Restrictions on making adoption orders.
- 25 Interim orders.
- 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27 Restrictions on removal where adoption agreed or application made under s. 18.
- 28 Restrictions on removal where applicant has provided home for 5 years.
- 29 Return of child taken away in breach of s. 27 or 28.
- 30 Return of children placed for adoption by adoption agencies.
- 31 Application of s. 30 where child not placed for adoption.
- 32 Meaning of “protected child”.
- 33 Duty of local authorities to secure well-being of protected children.
- 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 35 Notices and information to be given to local authorities.
- 36 Offences relating to protected children.
- 37 Miscellaneous provisions relating to protected children.
- 38 Meaning of “adoption” in Part IV.
- 39 Status conferred by adoption.
- 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 41 Adoptive relatives.
- 42 Rules of construction for instruments concerning property.
- 43 Dispositions depending on date of birth.
- 44 Property devolving with peerages etc.
- 45 Protection of trustees and personal representatives.
- 46 Meaning of “disposition”.
- 47 Miscellaneous enactments.
- 48 Pensions.
- 49 Insurance.
- 50 Adopted Children Register.
- 51 Disclosure of birth records of adopted children.
- 51A Adoption Contact Register.
- 52 Revocation of adoptions on legitimation.
- 53 Annulment etc. of overseas adoptions.
- 54 Provisions supplementary to ss. 52(3) and 53.
- 55 Adoption of children abroad.
- 56 Restriction on removal of children for adoption outside Great Britain.
- 56A Restriction on bringing children into the United Kingdom
- 57 Prohibition on certain payments.
- 57A Permitted allowances.
- 58 Restriction on advertisements.
- 58A Information concerning adoption.
- 59 Effect of determination and orders made in Scotland and overseas in adoption proceedings.
- 60 Evidence of adoption in Scotland and Northern Ireland.
- 61 Evidence of agreement and consent.
- 62 Courts.
- 63 Appeals etc.
- 64 Proceedings to be in private.
- 65 Duties of officers of the Service
- 65A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 66 Rules of procedure.
- 67 Orders, rules and regulations.
- 68 Offences by bodies corporate.
- 69 Services of notices etc.
- 70 Nationality.
- 71 Internal law of a country.
- 72 Interpretation.
- 73 Transitional provisions, amendments and repeals.
- 74 Short title, commencement and extent.
- SCHEDULE 1 Registration of Adoptions
- SCHEDULE 2 Transitional Provisions and Savings
- SCHEDULE 3 Consequential Amendments
- SCHEDULE 4 Repeals
Proposed changes to this act
No one has proposed a change to this act yet.
85 provisions
1 Establishment of Adoption Service.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change2 Local authorities’ social services.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change3 Approval of adoption societies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change4 Withdrawal of approval.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change5 Procedure on refusal to approve, or withdrawal of approval from, adoption societies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change6 Duty to promote welfare of child.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change7 Religious upbringing of adopted child.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change8 Inactive or defunct adoption societies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change9 Regulation of adoption agencies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change9A Independent review of determinations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change11 Restriction on arranging adoptions and placing of children.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change12 Adoption orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change13 Child to live with adopters before order made.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change14 Adoption by married couple.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change15 Adoption by one person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change16 Parental agreement.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change17 Convention adoption orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change18 Freeing child for adoption.
(1) Where, on an application by an adoption agency, an authorised court is satisfied in the case of each parent or guardian of the child that— (a) he freely, and with full understanding of what is involved, agrees generally and unconditionally to the making of an adoption order, or (b) his agreement to the making of an adoption order should be dispensed with on a ground specified in section 16(2), the court shall make an order declaring the child free for adoption. (2) No application shall be made under subsection (1) unless— (a) it is made with the consent of a parent or guardian of a child, or (b) the adoption agency is applying for dispensation under subsection (1)(b) of the agreement of each parent or guardian of the child, and the child is in the care of the adoption agency. (2A) For the purposes of subsection (2) a child is in the care of an adoption agency if the adoption agency is a local authority and he is in their care. (3) No agreement required under subsection (1)(a) shall be dispensed with under subsection (1)(b) unless the child is already placed for adoption or the court is satisfied that it is likely that the child will be placed for adoption. (4) An agreement by the mother of the child is ineffective for the purposes of this section if given less than 6 weeks after the child’s birth. (5) On the making of an order under this section, parental responsibility for the child is given to the adoption agency, and subsections (2) to (4) of section 12 apply as if the order were an adoption order and the agency were the adopters. (6) Before making an order under this section, the court shall satisfy itself, in relation to each parent or guardian of the child who can be found, that he has been given an opportunity of making, if he so wishes, a declaration that he prefers not to be involved in future questions concerning the adoption of the child; and any such declaration shall be recorded by the court. (7) Before making an order under this section in the case of a child whose father does not have parental responsibility for him, the court shall satisfy itself in relation to any person claiming to be the father that— (a) he has no intention of applying for— (i) an order under section 4(1) of the Children Act 1989, or (ii) a residence order under section 10 of that Act, or (b) if he did make any such application, it would be likely to be refused. (8) Subsections (5) and (7) of section 12 apply in relation to the making of an order under this section as they apply in relation to the making of an order under that section.
Propose a change19 Progress reports to former parent.
(1) This section and section 20 apply to any person ( “the former parent”) who was required to be given an opportunity of making a declaration under section 18(6) but did not do so. (2) Within the 14 days following the date 12 months after the making of the order under section 18 the adoption agency to which parental responsibility was given on the making of the order, unless it has previously by notice to the former parent informed him that an adoption order has been made in respect of the child, shall by notice to the former parent inform him— (a) whether an adoption order has been made in respect of the child, and (if not) (b) whether the child has his home with a person with whom he has been placed for adoption. (3) If at the time when the former parent is given notice under subsection (2) an adoption order has not been made in respect of the child, it is thereafter the duty of the adoption agency to give notice to the former parent of the making of an adoption order (if and when made), and meanwhile to give the former parent notice whenever the child is placed for adoption or ceases to have his home with a person with whom he has been placed for adoption. (4) If at any time the former parent by notice makes a declaration to the adoption agency that he prefers not to be involved in future questions concerning the adoption of the child— (a) the agency shall secure that the declaration is recorded by the court which made the order under section 18, and (b) the agency is released from the duty of complying further with subsection (3) as respects that former parent.
Propose a change20 Revocation of s. 18 order.
(1) The former parent, at any time more than 12 months after the making of the order under section 18 when— (a) no adoption order has been made in respect of the child, and (b) the child does not have his home with a person with whom he has been placed for adoption, may apply to the court which made the order for a further order revoking it on the ground that he wishes to resume parental responsibility. (2) While the application is pending the adoption agency having parental responsibility shall not place the child for adoption without the leave of the court. (3) The revocation of an order under section 18 ( “a section 18 order”) operates— (a) to extinguish the parental responsibility given to the adoption agency under the section 18 order; (b) to give parental responsibility for the child to— (i) the child’s mother; and (ii) where the child’s father and mother were married to each other at the time of his birth, the father; and (c) to revive— (i) any parental responsibility agreement, (ii) any order under section 4(1) of the Children Act 1989, (iia) any care order, within the meaning of that Act, and (iii) any appointment of a guardian in respect of the child (whether made by a court or otherwise), extinguished by the making of the section 18 order. (3A) Subject to subsection (3)(c), the revocation does not— (a) operate to revive— (i) any order under the Children Act 1989, or (ii) any duty referred to in section 12(3)(b), extinguished by the making of the section 18 order; or (b) affect any person’s parental responsibility so far as it relates to the period between the making of the section 18 order and the date of revocation of that order. (4) Subject to subsection (5), if the application is dismissed on the ground that to allow it would contravene the principle embodied in section 6— (a) the former parent who made the application shall not be entitled to make any further application under subsection (1) in respect of the child, and (b) the adoption agency is released from the duty of complying further with section 19(3) as respects that parent. (5) Subsection (4)(a) shall not apply where the court which dismissed the application gives leave to the former parent to make a further application under subsection (1), but such leave shall not be given unless it appears to the court that because of a change in circumstances or for any other reason it is proper to allow the application to be made.
Propose a change21 Variation of section 18 order so as to substitute one adoption agency for another.
(1) On an application to which this section applies, an authorised court may vary an order under section 18 so as to give parental responsibility for the child to another adoption agency (the substitute agency”) in place of the agency for the time being having parental responsibility for the child under the order ( “the existing agency”). (2) This section applies to any application made jointly by— (a) the existing agency; and (b) the would-be substitute agency. (3) Where an order under section 18 is varied under this section, section 19 shall apply as if the substitute agency had been given responsibility for the child on the making of the order.
Propose a change22 Notification to local authority of adoption application.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change23 Reports where child placed by agency.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change24 Restrictions on making adoption orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change25 Interim orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change27 Restrictions on removal where adoption agreed or application made under s. 18.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change28 Restrictions on removal where applicant has provided home for 5 years.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change29 Return of child taken away in breach of s. 27 or 28.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change30 Return of children placed for adoption by adoption agencies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change31 Application of s. 30 where child not placed for adoption.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change32 Meaning of “protected child”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change33 Duty of local authorities to secure well-being of protected children.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change35 Notices and information to be given to local authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change36 Offences relating to protected children.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change37 Miscellaneous provisions relating to protected children.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change38 Meaning of “adoption” in Part IV.
(1) In this Part “adoption” means adoption— (a) by an adoption order; (b) by an order made under the Children Act 1975, the Adoption Act 1958, the Adoption Act 1950 or any enactment repealed by the Adoption Act 1950; (c) by an order made in Scotland, Northern Ireland, the Isle of Man or in any of the Channel Islands; (cc) which is a Convention adoption; (d) which is an overseas adoption; or (e) which is an adoption recognised by the law of England and Wales and effected under the law of any other country, and cognate expressions shall be construed accordingly. (2) The definition of adoption includes, where the context admits, an adoption effected before the passing of the Children Act 1975 but does not include an adoption of a kind mentioned in paragraphs (c) to (e) of subsection (1) effected on or after the day which is the appointed day for the purposes of Chapter 4 of Part 1 of the Adoption and Children Act 2002, and the date of an adoption effected by an order is the date of the making of the order.
Propose a change