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Adoption and Children Act 2002

Section 32: Recovery by parent etc. where child placed and consent withdrawn

109.Section 32 applies where a child is placed for adoption with prospective adopters under section 19, the parent has withdrawn consent and the agency agrees the child should be returned to his parent (subsection (1)).

110.If the parent informs the agency he wishes the child to be returned to him, the agency must give notice to the prospective adopters that the parent wishes the child to be returned to him and the prospective adopters have to return the child to the agency within 14 days (subsection (2)).  The agency must then return the child to his parent (subsection (4)).  If the prospective adopters do not return the child, they commit an offence and are liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale, or both (subsection (3)).

111.If before notice of removal is given, an application for an adoption order in England and Wales (or Scotland or Northern Ireland) or for a residence order or special guardianship order, or for leave to apply for these orders in respect of the child, and that application has not been disposed of, the prospective adopters do not have to return the child unless the court makes an order to that effect (subsection (5)).

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