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SCHEDULES

SCHEDULE 10Amendments of Adoption Legislation

Part IAmendments of Adoption Act 1976 (c. 36)

6(1)In section 18 (freeing child for adoption), after subsection (2) there shall be inserted—

(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.

(2)In subsection (5) of that section, for the words from “the parental rights” to “vest in” there shall be substituted “parental responsibility for the child is given to”, and for the words “and (3)” there shall be substituted “to (4)”.

(3)For subsections (7) and (8) of that section there shall be substituted–

(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.