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Adoption and Children Act 2002

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This is the original version (as it was originally enacted).

The Adoption (Scotland) Act 1978 (c. 28)

This section has no associated Explanatory Notes

23In section 16 (parental agreement to adoption order)—

(a)in subsection (1), after paragraph (a) there is inserted—

(aa)each parent or guardian of the child has consented under section 20 of the Adoption and Children Act 2002 (advance consent to adoption), has not withdrawn the consent and does not oppose the making of the adoption order;

(ab)subsection (3A) applies and no parent or guardian of the child opposes the making of the adoption order, and

(b)after subsection (3) there is inserted—

(3A)This subsection applies where—

(a)the child has been placed for adoption by an adoption agency (within the meaning of section 2(1) of the Adoption and Children Act 2002) with the prospective adopters in whose favour the adoption order is proposed to be made; and

(b)the child was placed for adoption—

(i)under section 19 of that Act (placing children with parental consent) with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old; or

(ii)under an order made under section 21 of that Act (placement orders) and the child was at least six weeks old when that order was made.

(3B)A parent or guardian may not oppose the making of an adoption order under subsection (1)(aa) or (ab) without the leave of the court.

(3C)The court shall not give leave under subsection (3B) unless satisfied that there has been a change of circumstances since the consent of the parent or guardian was given or, as the case may be, the order under section 21 of that Act was made.

(3D)The withdrawal of—

(a)any consent to the placement of a child for adoption—

(i)under section 19; or

(ii)under an order made under section 21,

of the Adoption and Children Act 2002; or

(b)any consent given under section 20 of that Act,

is ineffective if it is given after an application for an adoption order is made.

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