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Placement and adoption: general |
| Parental etc. consent. |
44. - (1) 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.
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(2) 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-
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(a) the parent or guardian cannot be found or is incapable of giving consent, or |
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(b) the welfare of the child requires the consent to be dispensed with. |
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(3) This subsection applies to references in this Chapter to any parent or guardian of a child giving consent to the placement of a child for adoption or consent to the making of an adoption order (including a future adoption order):
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(a) "consent" means consent given freely, 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, |
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(b) the consent must be given in the form prescribed by regulations and regulations made for the purposes of section 39(2)(a) are to be made by the Lord Chancellor, and |
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(c) "parent" means a parent having parental responsibility. |
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(4) Subsection (5) applies where-
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(a) an agency has placed a child for adoption under section 16 in pursuance of consent given on any terms by a parent of the child, and |
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(b) at a later time, the other parent of the child acquires parental responsibility for the child. |
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(5) The other parent is to be treated as having at that time given consent in accordance with this section on the same terms as the first parent (which consent he may accordingly withdraw, unless prevented by section 21).
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| Modification of 1989 Act in relation to adoption. |
45. - (1) Where a local authority are authorised to place a child for adoption, regulations may provide for the following provisions of the 1989 Act to apply with modifications, or not to apply, in relation to the child.
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(2) The provisions are-
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(a) section 22(4)(b), (c) and (d) and (5)(b) (duty to ascertain wishes and feelings of certain persons), |
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(b) paragraphs 15 and 21 of Schedule 2 (promoting contact with parents and parents' obligation to contribute towards maintenance). |
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(3) Where a registered adoption society is authorised to place a child for adoption, regulations may provide-
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(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, |
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(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. |
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(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 III of Schedule 2 to that Act (contributions towards maintenance of children looked after by local authorities) in respect of the period referred to in subsection (5).
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(5) That period begins when the notice of intention to adopt is given and ends if-
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(a) the period of four months beginning with the giving of the notice expires without the prospective adopters applying for an adoption order, or |
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(b) an application for such an order is withdrawn or refused. |
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(6) In this section, "notice of intention to adopt" includes notice of intention to apply for a Scottish or Northern Irish adoption order.
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| Revocation of adoptions on legitimation. |
46. - (1) Where any child adopted by one natural parent as sole adoptive parent subsequently becomes a legitimated person on the marriage of 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.
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(2) In relation to an adoption order made by a magistrates' court, the reference in subsection (1) to the court by which the order was made includes a court acting for the same petty sessions area.
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Information about adopted child |
| Information given to adopters. |
47. - (1) Regulations may prescribe-
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(a) the information which an adoption agency must keep in relation to the adoption of children, |
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(b) the form and manner in which it must keep that information, |
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(c) circumstances in which it may or must transfer that information to another adoption agency and the procedure for doing so, |
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(d) circumstances in which it may give any of that information to persons other than other adoption agencies, adopters, adopted persons or persons authorised by adopted persons to act on their behalf, and the procedure for doing so. |
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(2) Subject to subsection (3), the relevant adoption agency must, as soon as practicable after the making of an adoption order in respect of a child, give the adopters in writing such of the information kept by virtue of subsection (1) as is prescribed.
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(3) Regulations may enable the relevant adoption agency to withhold from the adopters any information prescribed for the purpose of subsection (2).
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(4) The relevant adoption agency may give the adopters any other information which it keeps by virtue of subsection (1).
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(5) Regulations may provide for an adoption agency to give any information prescribed for the purpose of subsection (2) to the court which made the adoption order.
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| Information given to adopted person |
48. - (1) An adopted person, who has attained the age of 18 years, has the right to obtain-
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(a) the information prescribed for the purpose of section 47(2), from the relevant adoption agency, |
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(b) the information to which section 47(5) applies, from the court in question, and |
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(c) a copy of any document or order prescribed by rules, from the court in question. |
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(2) Regulations may provide for the adopted person to authorise another person to exercise on his behalf the right conferred on him by subsection (1).
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(3) The right conferred by subsection (1) is only exercisable in accordance with regulations.
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(4) The relevant adoption agency may give the adopted person (or the person authorised by him under subsection (2) above) any other information which it keeps by virtue of section 47(1).
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(5) Before giving the adopted person (or the person authorised by him under subsection (2) above) information under this section, the adoption agency or court must inform the person in question of the counselling services which are available to the adopted person.
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| Information about adopted child: supplemental |
49. - (1) Neither an adoption agency nor a court is to give any information by virtue of section 47 or 48 without the agreement of any person (other than the adopted person) who can be identified from that information.
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(2) Regulations may provide for an adoption agency not to give any information by virtue of section 47 without the agreement of the adopted person or, in prescribed circumstances, agreement given on his behalf.
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(3) Subsections (1) and (2) do not apply to information given by an adoption agency at the request of a registered medical practitioner.
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(4) Sections 47 and 48 do not affect the exercise by a person to whom information may be given under either of those sections of any right conferred on him by virtue of Part II of the Data Protection Act 1998 ("the 1998 Act") in respect of personal information.
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(5) In subsection (4), "personal information" means information-
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(a) which is kept by virtue of section 47(1) above, and |
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(b) which is personal data within the meaning given by section 1(1) of the 1998 Act. |
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(6) In sections 47 and 48, the "relevant adoption agency" means, in relation to an adopted person-
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(a) in a case where an adoption agency placed the adopted person for adoption, that agency or, where information has been transferred by virtue of section 47(1)(c) after a placement, the agency which keeps it, |
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(b) in any other case, the local authority to which notice of intention to adopt was given in respect of the person by the adopters. |
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(7) In those sections-
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(a) "prescribed" (except in subsection (1)(c) of section 48) means prescribed by regulations, |
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(b) "regulations", in respect of information to be obtained from the court in question by virtue of subsection (1) of section 48 (including regulations made under subsection (2) of that section in respect of that information) means regulations made by the Lord Chancellor. |
