Children, Schools and Families Act 2010

15 Permitting publication for purposes of section 13: adoption etc

(1) This section applies where the court is determining whether to permit the publication of restricted adoption information or restricted parental order information for the purposes of Condition 3 in section 13.

(2) “Restricted adoption information” means information the publication of which is likely to lead one or more persons—

(a) to identify a person as—

(i) a prospective adopter of a child,

(ii) a person who has adopted a child, or

(iii) a person who has been, or may be, adopted, or

(b) to identify the whereabouts of a person identified as a person within sub-paragraph (i), (ii) or (iii) of paragraph (a).

(3) “Restricted parental order information” means information the publication of which is likely to lead one or more persons—

(a) to identify a person as—

(i) a person who has applied for a parental order,

(ii) a person in respect of whom a parental order has been made, or

(iii) a child in relation to whom a parental order has been, or may be, made, or

(b) to identify the whereabouts of a person identified as a person within sub-paragraph (i), (ii) or (iii) of paragraph (a).

(4) If the person who has been or may be adopted or in relation to whom a parental order has been or may be made (“the affected person”)—

(a) is a child,

(b) lacks capacity to consent to the publication, or

(c) cannot be found,

the court may not permit the publication of the information unless it is satisfied that publication of the information would not prejudice the safety or welfare of the affected person.

(5) In any other case where the affected person is alive, the court may not permit the publication except with the consent of the affected person.

(6) The court must have regard to whether consent to the publication has been given by—

(a) in the case of restricted adoption information, any prospective adopter of, or person who has adopted, the child in question, and

(b) in the case of restricted parental order information, any person who applied for the parental order or in respect of whom the parental order has been made.

(7) The court must have regard to any risk which publication of the information would pose to the safety or welfare of any individual involved in, referred to in or otherwise connected with the proceedings.

(8) The court may permit the publication subject to conditions specified by the court.

(9) For the purposes of this section—

• “adoption” means adoption under the Adoption Act 1976 or the Adoption and Children Act 2002 (and related terms are to be construed accordingly);

• “parental order” means a parental order under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008.