Part 1Adoption

C2Chapter 2The adoption process

Annotations:
Modifications etc. (not altering text)

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.