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Prospective

Part 1 E+W+SAdoption

Chapter 3 E+W+SPlacement for adoption and adoption orders

Removal of children in non-agency casesE+W+S+N.I.

39 Partners of parentsE+W

(1)This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.

(2)If the child’s home has been with the partner for not less than three years (whether continuous or not) during the period of five years ending with the removal, the following persons may remove the child—

(a)a person who has the court’s leave,

(b)a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act.

(3)If subsection (2) does not apply, the following persons may remove the child—

(a)a parent or guardian,

(b)a person who has the court’s leave,

(c)a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act.