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CHAPTER III |
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PLACEMENT FOR ADOPTION AND ADOPTION ORDERS |
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Placement of children by adoption agency for adoption |
| Placement for adoption by agencies. |
15. - (1) An adoption agency may-
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(a) place a child for adoption with prospective adopters, or |
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(b) where it has placed a child with any persons (whether under this Part or not), leave the child with them as prospective adopters, |
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but only under section 16 or a placement order.
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(2) A child who is authorised to be placed for adoption with prospective adopters by a local authority is to be treated as looked after by the authority, whether or not he is for the time being placed for adoption.
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(3) If an application for an adoption order has been made by any persons in respect of a child and has not been disposed of-
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(a) in spite of subsection (1), an adoption agency may not place the child for adoption with prospective adopters, but |
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(b) an adoption agency which placed the child with those persons may leave the child with them until the application is disposed of; |
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and in this subsection "adoption order" includes a Scottish or Northern Irish adoption order.
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(4) References elsewhere in this Act to an adoption agency placing a child for adoption-
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(a) are to its placing a child for adoption with prospective adopters, and |
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(b) include, where it has placed a child with any persons (whether under this Act or not), leaving the child with them as prospective adopters; |
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and references elsewhere in this Act to a child who is placed for adoption by an adoption agency are to be interpreted accordingly.
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(5) Where-
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(a) a local authority have placed a child with any persons otherwise than as prospective adopters, and |
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(b) the persons give notice of intention to adopt, |
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the authority are not to be treated as leaving the child with them as prospective adopters.
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(6) This section is subject to sections 27 to 31 (removal of children placed by adoption agencies).
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| Placing children with parental consent. |
16. - (1) Where an adoption agency is satisfied that each parent or guardian of a child has consented to the child-
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(a) being placed for adoption with prospective adopters identified in the consent, or |
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(b) being placed for adoption with any prospective adopters who may be chosen by the agency, |
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and has not withdrawn the consent, the agency is authorised to place the child for adoption accordingly.
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(2) Consent under subsection (1) to a child being placed for adoption with prospective adopters identified in the consent may be combined with consent to the child subsequently being placed for adoption with any prospective adopters who may be chosen by the agency in circumstances where the child is removed from or returned by the identified prospective adopters.
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(3) Subsection (1) does not apply where an application has been made on which a care order might be made and the application has not been disposed of.
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(4) This section is subject to section 44 (consent).
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| Placement orders. |
17. - (1) A placement order is an order made by the court authorising an adoption agency to place a child for adoption with any prospective adopters who may be chosen by the agency.
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(2) A placement order continues in force until-
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(a) it is revoked under section 20, |
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(b) an adoption order is made in respect of the child, or |
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(c) the child marries or attains the age of 18 years. |
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(3) In subsection (2), "adoption order" includes a Scottish or Northern Irish adoption order.
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| Applications for placement orders. |
18. - (1) If at any time-
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(a) a child is placed for adoption by an adoption agency or is being provided with accommodation by a local authority or voluntary organisation, and |
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(b) no adoption agency is authorised to place the child for adoption, |
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an adoption agency which is satisfied that the child ought to be placed for adoption must apply to the court for a placement order.
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(2) If-
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(a) an application has been made (and has not been disposed of) on which a care order might be made in respect of a child, or |
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(b) a child is subject to a care order and the appropriate local authority are not authorised to place the child for adoption, |
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and the appropriate local authority are satisfied that the child ought to be placed for adoption, they must apply to the court for a placement order.
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(3) If-
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(a) a child is subject to a care order, and |
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(b) the appropriate local authority are authorised to place the child for adoption under section 16, |
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the authority may apply to the court for a placement order.
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(4) If a local authority-
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(a) are under a duty to apply to the court for a placement order in respect of a child, or |
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(b) have applied for a placement order in respect of a child and the application has not been disposed of, |
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the child is to be treated as looked after by the authority.
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(5) Subsections (1) to (3) do not apply in respect of a child-
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(a) if any persons have given notice of intention to adopt, unless the period of four months beginning with the giving of the notice has expired without them applying for an adoption order or their application for such an order has been withdrawn or refused, or |
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(b) if an application for an adoption order has been made and has not been disposed of. |
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In this subsection, "adoption order" includes a Scottish or Northern Irish adoption order.
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(6) Where-
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(a) an application for a placement order in respect of a child has been made and has not been disposed of, and |
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(b) no interim care order is in force, |
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the court may give any directions it considers appropriate for the medical or psychiatric examination or other assessment of the child; but a child who is of sufficient understanding to make an informed decision may refuse to submit to the examination or other assessment.
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(7) On an application under this section the court may only make a placement order if, in the case of each parent or guardian of the child, the court is satisfied-
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(a) that the parent or guardian has consented to the child being placed for adoption with any prospective adopters who may be chosen by the agency and has not withdrawn the consent, or |
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(b) that the parent's or guardian's consent should be dispensed with. |
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This subsection is subject to section 44 (consent).
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(8) The appropriate local authority-
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(a) in relation to a care order, is the local authority in whose care the child is placed by the order, and |
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(b) in the case of an application on which a care order might be made- |
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(i) if the application is made by a local authority, is that local authority, and
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(ii) in any other case, is the authority within whose area the child is ordinarily resident or, if the child is not ordinarily resident in the area of a local authority, is the local authority within whose area any circumstances arose in consequence of which the application is made.
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| Varying placement orders. |
19. - (1) The court may vary a placement order so as to substitute another adoption agency for the agency authorised by the order to place the child for adoption.
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(2) The variation may only be made on the joint application of both agencies.
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| Revoking placement orders. |
20. - (1) The court may revoke a placement order on the application of any person.
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(2) An application may not be made by a person other than the adoption agency authorised by the order to place the child for adoption unless each of the following conditions is met-
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(a) the court has given leave to apply, |
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(b) the child is not placed for adoption by the adoption agency, |
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(c) the period of one year beginning with the date of the placement order has expired. |
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(3) The court cannot give leave under subsection (2)(a) unless satisfied that there has been a change in circumstances since the order was made.
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(4) Where-
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(a) an application for the revocation of a placement order has been made and has not been disposed of, and |
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(b) the child is not placed for adoption by the adoption agency, |
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the child may not without the court's leave be placed for adoption under the order.
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| Advance consent to adoption. |
21. - (1) A parent or guardian of a child who consents to the child being placed for adoption by an adoption agency may, at the same or any subsequent time, consent to the making of a future adoption order.
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(2) Consent under this section-
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(a) where the parent or guardian has consented to the child being placed for adoption with prospective adopters identified in the consent, may be consent to adoption by them, or |
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(b) may be consent to adoption by any prospective adopters who may be chosen by the agency. |
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(3) A person who gives consent under this section may not withdraw it.
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(4) A person who gives consent under this section may, at the same or any subsequent time, by notice given to the adoption agency-
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(a) state that he wishes to be informed of any application for an adoption order, or |
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(b) withdraw such a statement. |
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(5) A notice under subsection (4) has effect from the time when it is received by the adoption agency.
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(6) If a person's notice under subsection (4)(a) has effect at the prescribed time, the person is entitled to notification under section 103(3).
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(7) This section is subject to section 44.
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| Parental responsibility. |
22. - (1) This section applies while-
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(a) a child is placed for adoption under section 16 or an adoption agency is authorised to place a child for adoption under that section, or |
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(b) a placement order is in force in respect of a child. |
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(2) Parental responsibility for the child is given to the agency concerned.
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(3) While the child is placed with prospective adopters, parental responsibility is given to them.
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(4) The agency may determine that the parental responsibility of any parent or guardian, or of prospective adopters, is to be restricted to the extent specified in the determination.
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| Contact. |
23. - (1) On an adoption agency being authorised to place a child for adoption, any provision for contact under the 1989 Act ceases to have effect.
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(2) While an adoption agency is so authorised-
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(a) no application may be made for any provision for contact under that Act, but |
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(b) an application may be made to the court for an order making provision under this section. |
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(3) The application may be made by-
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(a) the child or the agency, |
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(b) any parent or guardian, |
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(c) if a residence order was in force immediately before the adoption agency was authorised to place the child for adoption, the person in whose favour the order was made, |
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(d) if a person had care of the child immediately before that time by virtue of an order made in the exercise of the High Court's inherent jurisdiction with respect to children, that person, |
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(e) any person who has obtained the court's leave to make the application. |
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(4) On an application by the child or the agency, the court may-
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(a) make any provision it considers appropriate for contact between the child and any of the persons mentioned in subsection (3)(b) to (d) who is named in the order, or |
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(b) authorise the agency to refuse to allow contact between the child and any of the persons mentioned in subsection (3)(b) to (d) who is named in the order. |
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(5) On an application by a person other than the child or the agency, the court may make any provision it considers appropriate for contact between the child and the applicant.
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(6) When making a placement order, the court may on its own initiative make an order under this section making any provision it considers appropriate for contact between the child and any of the persons mentioned in subsection (3)(b) to (d) who is named in the order.
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(7) In this section, "provision for contact under the 1989 Act" means a contact order under section 8 of that Act or an order under section 34 of that Act (parental contact with children in care).
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