Adoption Act 1976

32 Meaning of " protected child "

(1) Where a person gives notice in pursuance of section 22(1) to the local authority within whose area he lives of his intention to apply for an adoption order in respect of a child, the child is for the purposes of this Part a protected child while he has his home with that person.

(2) A child shall be deemed to be a protected child for the purposes of this Part if he is a protected child within the meaning of section 37 of the Adoption Act 1958.

(3) A child is not a protected child by reason of any such notice as is mentioned in subsection (1) while—

(a) he is in the care of any person in any such school, home or institution as is mentioned in subsection (3) or (5) of section 2 of the Children Act 1958 ; or

(b) he is resident in a residential home for mentally disordered persons as defined by section 19 of the Mental Health Act 1959 ; or

(c) he is liable to be detained or subject to guardianship under the said Act of 1959.

(4) A protected child ceases to be a protected child—

(a) on the appointment of a guardian for him under the Guardianship of Minors Act 1971;

(b) on the notification to the local authority for the area where the child has his home that the application for an adoption order has been withdrawn ;

(c) on the making of any of the following orders in respect of the child—

(i) an adoption order;

(ii) an order under section 26 ;

(iii) a custodianship order ;

(iv) an order under section 42, 43 or 44 of the Matrimonial Causes Act 1973 ; or

(d) on his attaining the age of 18 years,

whichever first occurs.