Part 1Adoption
C2Chapter 2The adoption process
Restrictions on removal of children placed for adoption
I1C2C321C2Restrictions on removal: notice of intention to adopt given
1
Subsection (2) applies where—
a
persons (“prospective adopters”) give notice under section 18(2) in relation to a child, and
b
during the period of 5 years immediately preceding the giving of notice, the child's home has been with the prospective adopters.
2
Except where subsection (3) applies, a person may not remove the child from the care of the prospective adopters during the period beginning with the giving of notice and ending with the relevant act.
3
This subsection applies if—
a
the prospective adopters consent to the removal,
b
a court having jurisdiction to make adoption orders grants leave for the removal,
c
the child is arrested, or
d
the removal is authorised by virtue of any enactment.
4
For the purposes of subsection (2), “relevant act” means—
a
where before the expiry of the 3 month period the prospective adopters apply for an adoption order in relation to the child to whom the notice relates, the making of the application for the adoption order,
b
where the prospective adopters do not apply for an adoption order before the expiry of that period, the expiry of that period.
5
In this section, “3 month period” means the period of 3 months beginning with the day on which the local authority receives the notice.
C16
If during—
a
the 3 month period, or
b
the period of 28 days beginning with the expiry of the 3 month period,
the prospective adopters give a further notice under section 18(2) to a local authority in respect of the same child, subsection (2) does not apply.
7
A person who removes a child in contravention of this section commits an offence and is 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.
Pt. 1 Ch. 2 applied in part (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 1(1), 9(1)