Part 1Adoption
C1Chapter 2The adoption process
Preliminary
I1C114C1Considerations applying to the exercise of powers
C21
Subsections (2) to (4) apply where a court or adoption agency is coming to a decision relating to the adoption of a child.
2
The court or adoption agency must have regard to all the circumstances of the case.
3
The court or adoption agency is to regard the need to safeguard and promote the welfare of the child throughout the child's life as the paramount consideration.
4
The court or adoption agency must, so far as is reasonably practicable, have regard in particular to—
a
the value of a stable family unit in the child's development,
b
the child's ascertainable views regarding the decision (taking account of the child's age and maturity),
c
the child's religious persuasion, racial origin and cultural and linguistic background, and
d
the likely effect on the child, throughout the child's life, of the making of an adoption order.
5
Where an adoption agency is placing a child for adoption it must have regard, so far as is reasonably practicable, to the views of the parents, guardians and other relatives of the child.
6
In carrying out the duties imposed on it by subsections (2) to (4) an adoption agency must, before making any arrangements for the adoption of a child, consider whether adoption is likely best to meet the needs of the child or whether there is some better practical alternative for the child.
7
If an adoption agency concludes that there is an alternative such as is mentioned in subsection (6), it must not make arrangements for the adoption of the child.
8
Without prejudice to the generality of subsection (4)(b), a child who is aged 12 or over is presumed to be of sufficient age and maturity to form a view for the purposes of that subsection.
Pt. 1 Ch. 2 applied in part (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 1(1), 9(1)