(1) This section applies if the child’s home is with local authority foster parents.
(2) If—
(a) the child has had his home with the foster parents at all times during the period of five years ending with the removal and the foster parents have given notice of intention to adopt, or
(b) an application has been made for leave under section 42(6) and has not been disposed of,
the following persons may remove the child.
(3) They are—
(a) a person who has the court’s leave,
(b) a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.
(4) If subsection (2) does not apply but—
(a) the child has had his home with the foster parents at all times during the period of one year ending with the removal, and
(b) the foster parents have given notice of intention to adopt,
the following persons may remove the child.
(5) They are—
(a) a person with parental responsibility for the child who is exercising the power in section 20(8) of the 1989 Act or section 76(5) of 2014 Act,
(b) a person who has the court’s leave,
(c) a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.
(1) This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.
(2) If the child’s home has been with the partner for not less than three years (whether continuous or not) during the period of five years ending with the removal, the following persons may remove the child—
(a) a person who has the court’s leave,
(b) a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of 2014 Act.
(3) If subsection (2) does not apply, the following persons may remove the child—
(a) a parent or guardian,
(b) a person who has the court’s leave,
(c) a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.
(1) In any case where sections 37 to 39 do not apply but—
(a) the people concerned have given notice of intention to adopt, or
(b) the people concerned have applied for leave under section 42(6) and the application has not been disposed of,
the following persons may remove the child.
(2) They are—
(a) a person who has the court’s leave,
(b) a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.
(1) This section applies where it appears to the court—
(a) that a child has been removed in contravention of any of the preceding provisions of this Chapter or that there are reasonable grounds for believing that a person intends to remove a child in contravention of those provisions, or
(b) that a person has failed to comply with section 31(4), 32(2), 33(2), 34(3) or 35(2).
(2) The court may, on the application of any person, by an order—
(a) direct any person who is in a position to do so to produce the child on request to any person mentioned in subsection (4),
(b) authorise the removal of the child by any person mentioned in that subsection,
(c) require any person who has information as to the child’s whereabouts to disclose that information on request to any constable or officer of the court,
(d) authorise a constable to enter any premises specified in the order and search for the child, using reasonable force if necessary.
(3) Premises may only be specified under subsection (2)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.
(4) The persons referred to in subsection (2) are—
(a) any person named by the court,
(b) any constable,
(c) any person who, after the order is made under that subsection, is authorised to exercise any power under the order by an adoption agency which is authorised to place the child for adoption.
(5) A person who intentionally obstructs a person exercising a power of removal conferred by the order is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) A person must comply with a request to disclose information as required by the order even if the information sought might constitute evidence that he had committed an offence.
(7) But in criminal proceedings in which the person is charged with an offence (other than one mentioned in subsection (8))—
(a) no evidence relating to the information provided may be adduced, and
(b) no question relating to the information may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of the person.
(8) The offences excluded from subsection (7) are—
(a) an offence under section 2 or 5 of the Perjury Act 1911 (c. 6) (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath),
(b) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (false statements made on oath or otherwise than on oath).
(9) An order under this section has effect in relation to Scotland as if it were an order made by the Court of Session which that court had jurisdiction to make.
(1) An application for an adoption order may not be made unless—
(a) if subsection (2) applies, the condition in that subsection is met,
(b) if that subsection does not apply, the condition in whichever is applicable of subsections (3) to (5) applies.
(2) If —
(a) the child was placed for adoption with the applicant or applicants by an adoption agency or in pursuance of an order of the High Court, or
(b) the applicant is a parent of the child,
the condition is that the child must have had his home with the applicant or, in the case of an application by a couple, with one or both of them at all times during the period of ten weeks preceding the application.
(3) If the applicant or one of the applicants is the partner of a parent of the child, the condition is that the child must have had his home with the applicant or, as the case may be, applicants at all times during the period of six months preceding the application.
(4) If the applicants are local authority foster parents, the condition is that the child must have had his home with the applicants at all times during the period of one year preceding the application.
(5) In any other case, the condition is that the child must have had his home with the applicant or, in the case of an application by a couple, with one or both of them for not less than three years (whether continuous or not) during the period of five years preceding the application.
(6) But subsections (4) and (5) do not prevent an application being made if the court gives leave to make it.
(7) An adoption order may not be made unless the court is satisfied that sufficient opportunities to see the child with the applicant or, in the case of an application by a couple, both of them together in the home environment have been given—
(a) where the child was placed for adoption with the applicant or applicants by an adoption agency, to that agency,
(b) in any other case, to the local authority within whose area the home is.
(8) In this section and sections 43 and 44(1)—
(a) references to an adoption agency include a Scottish or Northern Irish adoption agency,
(b) references to a child placed for adoption by an adoption agency are to be read accordingly.
Where an application for an adoption order relates to a child placed for adoption by an adoption agency, the agency must—
(a) submit to the court a report on the suitability of the applicants and on any other matters relevant to the operation of section 1, and
(b) assist the court in any manner the court directs.
(1) This section applies where persons (referred to in this section as “proposed adopters”) wish to adopt a child who is not placed for adoption with them by an adoption agency.
(2) An adoption order may not be made in respect of the child unless the proposed adopters have given notice to the appropriate local authority of their intention to apply for the adoption order (referred to in this Act as a “notice of intention to adopt”).
(3) The notice must be given not more than two years, or less than three months, before the date on which the application for the adoption order is made.
(4) Where—
(a) if a person were seeking to apply for an adoption order, subsection (4) or (5) of section 42 would apply, but
(b) the condition in the subsection in question is not met,
the person may not give notice of intention to adopt unless he has the court’s leave to apply for an adoption order.
(5) On receipt of a notice of intention to adopt, the local authority must arrange for the investigation of the matter and submit to the court a report of the investigation.
(6) In particular, the investigation must, so far as practicable, include the suitability of the proposed adopters and any other matters relevant to the operation of section 1 in relation to the application.
(7) If a local authority receive a notice of intention to adopt in respect of a child whom they know was (immediately before the notice was given) looked after by another local authority, they must, not more than seven days after the receipt of the notice, inform the other local authority in writing that they have received the notice.
(8) Where—
(a) a local authority have placed a child with any persons otherwise than as prospective adopters, and
(b) the persons give notice of intention to adopt,
the authority are not to be treated as leaving the child with them as prospective adopters for the purposes of section 18(1)(b).
(9) In this section, references to the appropriate local authority, in relation to any proposed adopters, are—
(a) in prescribed cases, references to the prescribed local authority,
(b) in any other case, references to the local authority for the area in which, at the time of giving the notice of intention to adopt, they have their home,
and “prescribed” means prescribed by regulations.
(1) Regulations under section 9 may make provision as to the matters to be taken into account by an adoption agency in determining, or making any report in respect of, the suitability of any persons to adopt a child.
(2) In particular, the regulations may make provision for the purpose of securing that, in determining the suitability of a couple to adopt a child, proper regard is had to the need for stability and permanence in their relationship.
(1) An adoption order is an order made by the court on an application under section 50 or 51 giving parental responsibility for a child to the adopters or adopter.
(2) The making of an adoption order operates to extinguish—
(a) the parental responsibility which any person other than the adopters or adopter has for the adopted child immediately before the making of the order,
(b) any order under the 1989 Act or the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),
(c) any order under the Children (Scotland) Act 1995 (c. 36) other than an excepted order, and
(ca) any child assessment order or child protection order within the meaning given in section 202(1) of the Children’s Hearing (Scotland) Act 2011,
(d) any duty arising by virtue of an agreement or an order of a court to make payments, so far as the payments are in respect of the adopted child’s maintenance or upbringing for any period after the making of the adoption order.
“Excepted order” means an order under section 9, 11(1)(d) or 13 of the Children (Scotland) Act 1995 or an exclusion order within the meaning of section 76(1) of that Act.
(3) An adoption order—
(a) does not affect parental responsibility so far as it relates to any period before the making of the order, and
(b) in the case of an order made on an application under section 51(2) by the partner of a parent of the adopted child, does not affect the parental responsibility of that parent or any duties of that parent within subsection (2)(d).
(4) Subsection (2)(d) does not apply to a duty arising by virtue of an agreement—
(a) which constitutes a trust, or
(b) which expressly provides that the duty is not to be extinguished by the making of an adoption order.
(5) An adoption order may be made even if the child to be adopted is already an adopted child.
(6) Before making an adoption order, the court must consider whether there should be arrangements for allowing any person contact with the child; and for that purpose the court must consider any existing or proposed arrangements and obtain any views of the parties to the proceedings.
(1) 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).
(2) 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.
(3) A parent or guardian may not oppose the making of an adoption order under subsection (2)(b) without the court’s leave.
(4) 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.
(5) A parent or guardian may not oppose the making of an adoption order under the second condition without the court’s leave.
(6) The third condition is that the child—
(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.
(8) An adoption order may not be made in relation to a person who is or has been married.
(8A) An adoption order may not be made in relation to a person who is or has been a civil partner.
(9) An adoption order may not be made in relation to a person who has attained the age of 19 years.
(10) 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)).
(1) The court may not hear an application for an adoption order in relation to a child, where a previous application to which subsection (2) applies made in relation to the child by the same persons was refused by any court, unless it appears to the court that, because of a change in circumstances or for any other reason, it is proper to hear the application.
(2) This subsection applies to any application—
(a) for an adoption order or a Scottish or Northern Irish adoption order, or
(b) for an order for adoption made in the Isle of Man or any of the Channel Islands.
(1) An application for an adoption order may be made by—
(a) a couple, or
(b) one person,
but only if it is made under section 50 or 51 and one of the following conditions is met.
(2) The first condition is that at least one of the couple (in the case of an application under section 50) or the applicant (in the case of an application under section 51) is domiciled in a part of the British Islands.
(3) The second condition is that both of the couple (in the case of an application under section 50) or the applicant (in the case of an application under section 51) have been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of the application.
(4) An application for an adoption order may only be made if the person to be adopted has not attained the age of 18 years on the date of the application.
(5) References in this Act to a child, in connection with any proceedings (whether or not concluded) for adoption, (such as “child to be adopted” or “adopted child”) include a person who has attained the age of 18 years before the proceedings are concluded.
(1) An adoption order may be made on the application of a couple where both of them have attained the age of 21 years.
(2) An adoption order may be made on the application of a couple where—
(a) one of the couple is the mother or the father of the person to be adopted and has attained the age of 18 years, and
(b) the other has attained the age of 21 years.
(1) An adoption order may be made on the application of one person who has attained the age of 21 years and is not married or a civil partner.
(2) An adoption order may be made on the application of one person who has attained the age of 21 years if the court is satisfied that the person is the partner of a parent of the person to be adopted.
(3) An adoption order may be made on the application of one person who has attained the age of 21 years and is married if the court is satisfied that—
(a) the person’s spouse cannot be found,
(b) the spouses have separated and are living apart, and the separation is likely to be permanent, or
(c) the person’s spouse is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.
(3A) An adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that—
(a) the person’s civil partner cannot be found,
(b) the civil partners have separated and are living apart, and the separation is likely to be permanent, or
(c) the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.
(4) An adoption order may not be made on an application under this section by the mother or the father of the person to be adopted unless the court is satisfied that—
(a) the other natural parent is dead or cannot be found,
(b) by virtue of the provisions specified in subsection (5), there is no other parent, or
(c) there is some other reason justifying the child’s being adopted by the applicant alone,
and, where the court makes an adoption order on such an application, the court must record that it is satisfied as to the fact mentioned in paragraph (a) or (b) or, in the case of paragraph (c), record the reason.
(5) The provisions referred to in subsection (4)(b) are—
(a) section 28 of the Human Fertilisation and Embryology Act 1990 (disregarding subsections (5A) to (5I) of that section), or
(b) sections 34 to 47 of the Human Fertilisation and Embryology Act 2008 (disregarding sections 39, 40 and 46 of that Act).
(1) This section applies where—
(a) an adoption agency has placed or was authorised to place a child for adoption, and
(b) the court is making or has made an adoption order in respect of the child.
(2) When making the adoption order or at any time afterwards, the court may make an order under this section—
(a) requiring the person in whose favour the adoption order is or has been made to allow the child to visit or stay with the person named in the order under this section, or for the person named in that order and the child otherwise to have contact with each other, or
(b) prohibiting the person named in the order under this section from having contact with the child.
(3) The following people may be named in an order under this section—
(a) any person who (but for the child's adoption) would be related to the child by blood (including half-blood), marriage or civil partnership;
(b) any former guardian of the child;
(c) any person who had parental responsibility for the child immediately before the making of the adoption order;
(d) any person who was entitled to make an application for an order under section 26 in respect of the child (contact with children placed or to be placed for adoption) by virtue of subsection (3)(c), (d) or (e) of that section;
(e) any person with whom the child has lived for a period of at least one year.
(4) An application for an order under this section may be made by—
(a) a person who has applied for the adoption order or in whose favour the adoption order is or has been made,
(b) the child, or
(c) any person who has obtained the court's leave to make the application.
(5) In deciding whether to grant leave under subsection (4)(c), the court must consider—
(a) any risk there might be of the proposed application disrupting the child's life to such an extent that he or she would be harmed by it (within the meaning of the 1989 Act),
(b) the applicant's connection with the child, and
(c) any representations made to the court by—
(i) the child, or
(ii) a person who has applied for the adoption order or in whose favour the adoption order is or has been made.
(6) When making an adoption order, the court may on its own initiative make an order of the type mentioned in subsection (2)(b).
(7) The period of one year mentioned in subsection (3)(e) need not be continuous but must not have begun more than five years before the making of the application.
(8) Where this section applies, an order under section 8 of the 1989 Act may not make provision about contact between the child and any person who may be named in an order under this section.
(1) An order under section 51A—
(a) may contain directions about how it is to be carried into effect,
(b) may be made subject to any conditions the court thinks appropriate,
(c) may be varied or revoked by the court on an application by the child, a person in whose favour the adoption order was made or a person named in the order, and
(d) has effect until the child's 18th birthday, unless revoked.
(2) Subsection (3) applies to proceedings—
(a) on an application for an adoption order in which—
(i) an application is made for an order under section 51A, or
(ii) the court indicates that it is considering making such an order on its own initiative;
(b) on an application for an order under section 51A;
(c) on an application for such an order to be varied or revoked.
(3) The court must (in the light of any rules made by virtue of subsection (4))—
(a) draw up a timetable with a view to determining without delay whether to make, (or as the case may be) vary or revoke an order under section 51A, and
(b) give directions for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.
(4) Rules of court may—
(a) specify periods within which specified steps must be taken in relation to proceedings to which subsection (3) applies, and
(b) make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that the court makes determinations about orders under section 51A without delay.
(1) The court cannot dispense with the consent of any parent or guardian of a child to the child being placed for adoption or to the making of an adoption order in respect of the child unless the court is satisfied that—
(a) the parent or guardian cannot be found or lacks capacity (within the meaning of the Mental Capacity Act 2005) to give consent, or
(b) the welfare of the child requires the consent to be dispensed with.
(2) The following provisions apply to references in this Chapter to any parent or guardian of a child giving or withdrawing—
(a) consent to the placement of a child for adoption, or
(b) consent to the making of an adoption order (including a future adoption order).
(3) Any consent given by the mother to the making of an adoption order is ineffective if it is given less than six weeks after the child’s birth.
(4) The withdrawal of any consent to the placement of a child for adoption, or of any consent given under section 20, is ineffective if it is given after an application for an adoption order is made.
(5) “Consent” means consent given unconditionally and with full understanding of what is involved; but a person may consent to adoption without knowing the identity of the persons in whose favour the order will be made.
(6) “Parent” (except in subsections (9) and (10) below) means a parent having parental responsibility.
(7) Consent under section 19 or 20 must be given in the form prescribed by rules, and the rules may prescribe forms in which a person giving consent under any other provision of this Part may do so (if he wishes).
(8) Consent given under section 19 or 20 must be withdrawn—
(a) in the form prescribed by rules, or
(b) by notice given to the agency.
(9) Subsection (10) applies if—
(a) an agency has placed a child for adoption under section 19 in pursuance of consent given by a parent of the child, and
(b) at a later time, the other parent of the child acquires parental responsibility for the child.
(10) The other parent is to be treated as having at that time given consent in accordance with this section in the same terms as those in which the first parent gave consent.
53 Modification of 1989 Act and 2014 Act in relation to adoption
(1) Where—
(a) a local authority are authorised to place a child for adoption, or
(b) a child who has been placed for adoption by a local authority is less than six weeks old,
regulations may provide for the following provisions ... to apply with modifications, or not to apply, in relation to the child.
(2) The provisions are—
(a) section 22(4)(b), (c) and (d) and (5)(b) of the 1989 Act (duty to ascertain wishes and feelings of certain persons);
(b) sections 6(4)(b) and 78(3)(a) of the 2014 Act (duty to ascertain wishes and feelings of certain persons);
(c) paragraphs 15 and 21 of Schedule 2 to the 1989 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance);
(d) section 95 of and paragraph 1 of Schedule 1 to the 2014 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance).
(3) Where a registered adoption society is authorised to place a child for adoption or a child who has been placed for adoption by a registered adoption society is less than six weeks old, regulations may provide—
(a) for section 61 of the 1989 Act to have effect in relation to the child whether or not he is accommodated by or on behalf of the society,
(b) for subsections (2)(b) to (d) and (3)(b) of that section (duty to ascertain wishes and feelings of certain persons) to apply with modifications, or not to apply, in relation to the child.
(4) Where a child’s home is with persons who have given notice of intention to adopt, no contribution is payable (whether under a contribution order or otherwise) under Part 3 of Schedule 2 to the 1989 Act (contributions towards maintenance of children looked after by local authorities) or under Schedule 1 to the 2014 Act (contributions towards maintenance of looked after children) in respect of the period referred to in subsection (5).
(5) That period begins when the notice of intention to adopt is given and ends if—
(a) the period of four months beginning with the giving of the notice expires without the prospective adopters applying for an adoption order, or
(b) an application for such an order is withdrawn or refused.
(6) In this section, “notice of intention to adopt” includes notice of intention to apply for a Scottish or Northern Irish adoption order.
Regulations under section 9 may require adoption agencies in prescribed circumstances to disclose in accordance with the regulations prescribed information to prospective adopters.
(1) Where any child adopted by one natural parent as sole adoptive parent subsequently becomes a legitimated person on the marriage of, or formation of a civil partnership by, the natural parents, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke the order.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56 Information to be kept about a person’s adoption
(1) In relation to an adopted person, regulations may prescribe—
(a) the information which an adoption agency must keep in relation to his adoption,
(b) the form and manner in which it must keep that information.
(2) Below in this group of sections (that is, this section and sections 57 to 65), any information kept by an adoption agency by virtue of subsection (1)(a) is referred to as section 56 information.
(3) Regulations may provide for the transfer in prescribed circumstances of information held, or previously held, by an adoption agency to another adoption agency.
57 Restrictions on disclosure of protected etc. information
(1) Any section 56 information kept by an adoption agency which—
(a) is about an adopted person or any other person, and
(b) is or includes identifying information about the person in question,
may only be disclosed by the agency to a person (other than the person the information is about) in pursuance of this group of sections.
(2) Any information kept by an adoption agency—
(a) which the agency has obtained from the Registrar General on an application under section 79(5) and any other information which would enable the adopted person to obtain a certified copy of the record of his birth, or
(b) which is information about an entry relating to the adopted person in the Adoption Contact Register,
may only be disclosed to a person by the agency in pursuance of this group of sections.
(3) In this group of sections, information the disclosure of which to a person is restricted by virtue of subsection (1) or (2) is referred to (in relation to him) as protected information.
(4) Identifying information about a person means information which, whether taken on its own or together with other information disclosed by an adoption agency, identifies the person or enables the person to be identified.
(5) This section does not prevent the disclosure of protected information in pursuance of a prescribed agreement to which the adoption agency is a party.
(6) Regulations may authorise or require an adoption agency to disclose protected information to a person who is not an adopted person.
(1) This section applies to any section 56 information other than protected information.
(2) An adoption agency may for the purposes of its functions disclose to any person in accordance with prescribed arrangements any information to which this section applies.
(3) An adoption agency must, in prescribed circumstances, disclose prescribed information to a prescribed person.
Regulations may provide that a registered adoption society which discloses any information in contravention of section 57 is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) This section applies to an adopted person who has attained the age of 18 years.
(2) The adopted person has the right, at his request, to receive from the appropriate adoption agency—
(a) any information which would enable him to obtain a certified copy of the record of his birth, unless the High Court or family court orders otherwise,
(b) any prescribed information disclosed to the adopters by the agency by virtue of section 54.
(3) The High Court or family court may make an order under subsection (2)(a), on an application by the appropriate adoption agency, if satisfied that the circumstances are exceptional.
(4) The adopted person also has the right, at his request, to receive from the court which made the adoption order a copy of any prescribed document or prescribed order relating to the adoption.
(5) Subsection (4) does not apply to a document or order so far as it contains information which is protected information.
(1) This section applies where—
(a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and
(b) none of the information is about a person who is a child at the time of the application.
(2) The agency is not required to proceed with the application unless it considers it appropriate to do so.
(3) If the agency does proceed with the application it must take all reasonable steps to obtain the views of any person the information is about as to the disclosure of the information about him.
(4) The agency may then disclose the information if it considers it appropriate to do so.
(5) In deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—
(a) the welfare of the adopted person,
(b) any views obtained under subsection (3),
(c) any prescribed matters,
and all the other circumstances of the case.
(6) This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).
62 Disclosing protected information about children
(1) This section applies where—
(a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and
(b) any of the information is about a person who is a child at the time of the application.
(2) The agency is not required to proceed with the application unless it considers it appropriate to do so.
(3) If the agency does proceed with the application, then, so far as the information is about a person who is at the time a child, the agency must take all reasonable steps to obtain—
(a) the views of any parent or guardian of the child, and
(b) the views of the child, if the agency considers it appropriate to do so having regard to his age and understanding and to all the other circumstances of the case,
as to the disclosure of the information.
(4) And, so far as the information is about a person who has at the time attained the age of 18 years, the agency must take all reasonable steps to obtain his views as to the disclosure of the information.
(5) The agency may then disclose the information if it considers it appropriate to do so.
(6) In deciding whether it is appropriate to proceed with the application, or disclose the information, where any of the information is about a person who is at the time a child—
(a) if the child is an adopted child, the child’s welfare must be the paramount consideration,
(b) in the case of any other child, the agency must have particular regard to the child’s welfare.
(7) And, in deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—
(a) the welfare of the adopted person (where subsection (6)(a) does not apply),
(b) any views obtained under subsection (3) or (4),
(c) any prescribed matters,
and all the other circumstances of the case.
(8) This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).
(1) Regulations may require adoption agencies to give information about the availability of counselling to persons—
(a) seeking information from them in pursuance of this group of sections,
(b) considering objecting or consenting to the disclosure of information by the agency in pursuance of this group of sections, or
(c) considering entering with the agency into an agreement prescribed for the purposes of section 57(5).
(2) Regulations may require adoption agencies to make arrangements to secure the provision of counselling for persons seeking information from them in prescribed circumstances in pursuance of this group of sections.
(3) The regulations may authorise adoption agencies—
(a) to disclose information which is required for the purposes of such counselling to the persons providing the counselling,
(b) where the person providing the counselling is outside the United Kingdom, to require a prescribed fee to be paid.
(4) The regulations may require any of the following persons to provide counselling for the purposes of arrangements under subsection (2)—
(a) a local authority, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) or a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)),
(b) a registered adoption society, an organisation within section 144(3)(b) or an appropriate voluntary organisation within the meaning of Article 2(2) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),
(c) in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14).
(d) in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Regulations may make provision for the purposes of this group of sections, including provision as to—
(a) the performance by adoption agencies of their functions,
(b) the manner in which information may be received, and
(c) the matters mentioned below in this section.
(2) Regulations may prescribe—
(a) the manner in which agreements made by virtue of section 57(5) are to be recorded,
(b) the information to be provided by any person on an application for the disclosure of information under this group of sections.
(3) Regulations may require adoption agencies—
(a) to give to prescribed persons prescribed information about the rights or opportunities to obtain information, or to give their views as to its disclosure, given by this group of sections,
(b) to seek prescribed information from, or give prescribed information to, the Registrar General in prescribed circumstances.
(4) Regulations may require the Registrar General—
(a) to disclose to any person (including an adopted person) at his request any information which the person requires to assist him to make contact with the adoption agency which is the appropriate adoption agency in the case of an adopted person specified in the request (or, as the case may be, in the applicant’s case),
(b) to disclose to the appropriate adoption agency any information which the agency requires about any entry relating to the adopted person on the Adoption Contact Register.
(5) Regulations may provide for the payment of a prescribed fee in respect of the disclosure in prescribed circumstances of any information in pursuance of section 60, 61 or 62; but an adopted person may not be required to pay any fee in respect of any information disclosed to him in relation to any person who (but for his adoption) would be related to him by blood (including half-blood) , marriage or civil partnership.
(6) Regulations may provide for the payment of a prescribed fee by an adoption agency obtaining information under subsection (4)(b).
(1) In this group of sections—
“appropriate adoption agency”, in relation to an adopted person or to information relating to his adoption, means—
if the person was placed for adoption by an adoption agency, that agency or (if different) the agency which keeps the information in relation to his adoption,
in any other case, the local authority to which notice of intention to adopt was given,
“prescribed” means prescribed by subordinate legislation,
“regulations” means regulations under section 9,
“subordinate legislation” means regulations or, in relation to information to be given by a court, rules.
(2) But—
(a) regulations under section 63(2) imposing any requirement on a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), or an organisation within section 144(3)(b), are to be made by the Scottish Ministers,
(b) regulations under section 63(2) imposing any requirement on a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)), or an appropriate voluntary organisation within the meaning of Article 2(2) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)), are to be made by the Department of Health, Social Services and Public Safety.
(3) The power of the Scottish Ministers or of the Department of Health, Social Services and Public Safety to make regulations under section 63(2) includes power to make—
(a) any supplementary, incidental or consequential provision,
(b) any transitory, transitional or saving provision,
which the person making the regulations considers necessary or expedient.
(4) Regulations prescribing any fee by virtue of section 64(6) require the approval of the Chancellor of the Exchequer.
(5) Regulations making any provision as to the manner in which any application is to be made for the disclosure of information by the Registrar General require his approval.
(1) In this Chapter “adoption” means—
(a) adoption by an adoption order or a Scottish or Northern Irish adoption order,
(b) adoption by an order made in the Isle of Man or any of the Channel Islands,
(c) an adoption effected under the law of a Convention country outside the British Islands, and certified in pursuance of Article 23(1) of the Convention (referred to in this Act as a “Convention adoption”),
(d) an overseas adoption, or
(e) an adoption recognised by the law of England and Wales and effected under the law of any other country;
and related expressions are to be interpreted accordingly.
(2) But references in this Chapter to adoption do not include an adoption effected before the day on which this Chapter comes into force (referred to in this Chapter as “the appointed day”).
(3) Any reference in an enactment to an adopted person within the meaning of this Chapter includes a reference to an adopted child within the meaning of Part 4 of the Adoption Act 1976 (c. 36).
(1) An adopted person is to be treated in law as if born as the child of the adopters or adopter.
(2) An adopted person is the legitimate child of the adopters or adopter and, if adopted by—
(a) a couple, or
(b) one of a couple under section 51(2),
is to be treated as the child of the relationship of the couple in question.
(3) An adopted person—
(a) if adopted by one of a couple under section 51(2), is to be treated in law as not being the child of any person other than the adopter and the other one of the couple, and
(b) in any other case, is to be treated in law, subject to subsection (4), as not being the child of any person other than the adopters or adopter;
but this subsection does not affect any reference in this Act to a person’s natural parent or to any other natural relationship.
(4) In the case of a person adopted by one of the person’s natural parents as sole adoptive parent, subsection (3)(b) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.
(5) This section has effect from the date of the adoption.
(6) Subject to the provisions of this Chapter and Schedule 4, this section—
(a) applies for the interpretation of enactments or instruments passed or made before as well as after the adoption, and so applies subject to any contrary indication, and
(b) has effect as respects things done, or events occurring, on or after the adoption.
(1) A relationship existing by virtue of section 67 may be referred to as an adoptive relationship, and—
(a) an adopter may be referred to as an adoptive parent or (as the case may be) as an adoptive father or adoptive mother,
(b) any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree.
(2) Subsection (1) does not affect the interpretation of any reference, not qualified by the word “adoptive”, to a relationship.
(3) A reference (however expressed) to the adoptive mother and father of a child adopted by—
(a) a couple of the same sex, or
(b) a partner of the child’s parent, where the couple are of the same sex,
is to be read as a reference to the child’s adoptive parents.
69 Rules of interpretation for instruments concerning property
(1) The rules of interpretation contained in this section apply (subject to any contrary indication and to Schedule 4) to any instrument so far as it contains a disposition of property.
(2) In applying section 67(1) and (2) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition is to be interpreted as if—
(a) the adopted person had been born on the date of adoption,
(b) two or more people adopted on the same date had been born on that date in the order of their actual births;
but this does not affect any reference to a person’s age.
(3) Examples of phrases in wills on which subsection (2) can operate are—
1. Children of A “living at my death or born afterwards”.
2. Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest and who attain the age of 21 years”.
3. As in example 1 or 2, but referring to grandchildren of A instead of children of A.
4. A for life “until he has a child”, and then to his child or children.
Note. Subsection (2) will not affect the reference to the age of 21 years in example 2.
(4) Section 67(3) does not prejudice—
(a) any qualifying interest, ...
(b) any interest expectant (whether immediately or not) upon a qualifying interest, or
(c) any contingent interest (other than a contingent interest in remainder) which the adopted person has immediately before the adoption in the estate of a deceased parent, whether testate or intestate.
“Qualifying interest” means an interest vested in possession in the adopted person before the adoption.
(5) Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child—
(a) it must be presumed that once a woman has attained the age of 55 years she will not adopt a person after execution of the instrument, and
(b) if she does so, then (in spite of section 67) that person is not to be treated as her child or (if she does so as one of a couple) as the child of the other one of the couple for the purposes of the instrument.
(6) In this section, “instrument” includes a private Act settling property, but not any other enactment.
(1) Where a disposition depends on the date of birth of a person who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, section 69(2) does not affect entitlement by virtue of Part 3 of the Family Law Reform Act 1987 (c. 42) (dispositions of property).
(2) Subsection (1) applies for example where—
(a) a testator dies in 2001 bequeathing a legacy to his eldest grandchild living at a specified time,
(b) his unmarried daughter has a child in 2002 who is the first grandchild,
(c) his married son has a child in 2003,
(d) subsequently his unmarried daughter adopts her child as sole adoptive parent.
In that example the status of the daughter’s child as the eldest grandchild of the testator is not affected by the events described in paragraphs (c) and (d).
(1) An adoption does not affect the descent of any peerage or dignity or title of honour.
(2) An adoption does not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour.
(3) Subsection (2) applies only if and so far as a contrary intention is not expressed in the instrument, and has effect subject to the terms of the instrument.
72 Protection of trustees and personal representatives
(1) A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether any adoption has been effected or revoked if that fact could affect entitlement to the property.
(2) A trustee or personal representative is not liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution.
(3) This section does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.
(1) This section applies for the purposes of this Chapter.
(2) A disposition includes the conferring of a power of appointment and any other disposition of an interest in or right over property; and in this subsection a power of appointment includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.
(3) This Chapter applies to an oral disposition as if contained in an instrument made when the disposition was made.
(4) The date of death of a testator is the date at which a will or codicil is to be regarded as made.
(5) The provisions of the law of intestate succession applicable to the estate of a deceased person are to be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.
(1) Section 67 does not apply for the purposes of—
(a) section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity), or
(b) sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative).
(2) Section 67 does not apply for the purposes of any provision of—
(a) the British Nationality Act 1981 (c. 61),
(b) the Immigration Act 1971 (c. 77),
(c) any instrument having effect under an enactment within paragraph (a) or (b), or
(d) any other provision of the law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.
Section 67(3) does not affect entitlement to a pension which is payable to or for the benefit of a person and is in payment at the time of the person’s adoption.