Search Legislation

Adoption and Children Act 2002

Section 44: Notice of intention to adopt

134.Section 44 provides that an adoption order may not be made in respect of a child in a non-agency case unless the proposed adopters have given notice of intention to adopt to the appropriate local authority (subsection (2)).  The notice must be given not more than two years or less than three months before the application is made for the adoption order (subsection (3)). The ‘appropriate local authority’ is defined in subsection (9). Where the local authority receive a notice of intention to adopt they must investigate (or make arrangements for this to be done by another agency) and are responsible for preparing a report for the court which includes the suitability of the proposed adopters and any other matters relevant to the operation of section 1(subsections (5) and (6)).  Where a person needs leave to apply for an adoption order under section 42(4) and (5) he cannot give notice of intention to adopt unless he has the court’s leave to make the adoption application (subsection (4)).

Back to top


Print Options


Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources