Adoption and Children Act 2002
Part 1
Adoption
Chapter 1
Introductory
1
Considerations applying to the exercise of powers
Chapter 2
The Adoption Service
The Adoption Service
2
Basic definitions
3
Maintenance of Adoption Service
4
Assessments etc. for adoption support services
5
Local authority plans for adoption services
6
Arrangements on cancellation of registration
7
Inactive or defunct adoption societies etc.
8
Adoption support agencies
Regulations
9
General power to regulate adoption etc. agencies
10
Management etc. of agencies
11
Fees
12
Independent review of determinations
Supplemental
13
Information concerning adoption
14
Default power of appropriate Minister
15
Inspection of premises etc.
16
Distribution of functions in relation to registered adoption societies
17
Inquiries
Chapter 3
Placement for adoption and adoption orders
Placement of children by adoption agency for adoption
18
Placement for adoption by agencies
19
Placing children with parental consent
20
Advance consent to adoption
21
Placement orders
22
Applications for placement orders
23
Varying placement orders
24
Revoking placement orders
25
Parental responsibility
26
Contact
27
Contact: supplementary
28
Further consequences of placement
29
Further consequences of placement orders
Removal of children who are or may be placed by adoption agencies
30
General prohibitions on removal
31
Recovery by parent etc. where child not placed or is a baby
32
Recovery by parent etc. where child placed and consent withdrawn
33
Recovery by parent etc. where child placed and placement order refused
34
Placement orders: prohibition on removal
35
Return of child in other cases
Removal of children in non-agency cases
36
Restrictions on removal
37
Applicants for adoption
38
Local authority foster parents
39
Partners of parents
40
Other non-agency cases
Breach of restrictions on removal
41
Recovery orders
Preliminaries to adoption
42
Child to live with adopters before application
43
Reports where child placed by agency
44
Notice of intention to adopt
45
Suitability of adopters
The making of adoption orders
46
Adoption orders
47
Conditions for making adoption orders
48
Restrictions on making adoption orders
49
Applications for adoption
50
Adoption by couple
51
Adoption by one person
Placement and adoption: general
52
Parental etc. consent
53
Modification of 1989 Act in relation to adoption
54
Disclosing information during adoption process
55
Revocation of adoptions on legitimation
Disclosure of information in relation to a person’s adoption
56
Information to be kept about a person’s adoption
57
Restrictions on disclosure of protected etc. information
58
Disclosure of other information
59
Offence
60
Disclosing information to adopted adult
61
Disclosing protected information about adults
62
Disclosing protected information about children
63
Counselling
64
Other provision to be made by regulations
65
Sections 56 to 65: interpretation
Chapter 4
Status of Adopted Children
66
Meaning of adoption in Chapter 4
67
Status conferred by adoption
68
Adoptive relatives
69
Rules of interpretation for instruments concerning property
70
Dispositions depending on date of birth
71
Property devolving with peerages etc.
72
Protection of trustees and personal representatives
73
Meaning of disposition
74
Miscellaneous enactments
75
Pensions
76
Insurance
Chapter 5
The Registers
Adopted Children Register etc.
77
Adopted Children Register
78
Searches and copies
79
Connections between the register and birth records
Adoption Contact Register
80
Adoption Contact Register
81
Adoption Contact Register: supplementary
General
82
Interpretation
Chapter 6
Adoptions with a foreign element
Bringing children into and out of the United Kingdom
83
Restriction on bringing children in
84
Giving parental responsibility prior to adoption abroad
85
Restriction on taking children out
86
Power to modify sections 83 and 85
Overseas adoptions
87
Overseas adoptions
Miscellaneous
88
Modification of section 67 for Hague Convention adoptions
89
Annulment etc. of overseas or Hague Convention adoptions
90
Section 89: supplementary
91
Overseas determinations and orders
Chapter 7
Miscellaneous
Restrictions
92
Restriction on arranging adoptions etc.
93
Offence of breaching restrictions under section 92
94
Restriction on reports
95
Prohibition of certain payments
96
Excepted payments
97
Sections 92 to 96: interpretation
Information
98
Pre-commencement adoptions: information
Proceedings
99
Proceedings for offences
100
Appeals
101
Privacy
The Children and Family Court Advisory and Support Service
102
Officers of the Service
103
Right of officers of the Service to have access to adoption agency records
Evidence
104
Evidence of consent
Scotland, Northern Ireland and the Islands
105
Effect of certain Scottish orders and provisions
106
Effect of certain Northern Irish orders and provisions
107
Use of adoption records from other parts of the British Islands
108
Channel Islands and the Isle of Man
General
109
Avoiding delay
110
Service of notices etc.
Part 2
Amendments of the Children Act 1989
111
Parental responsibility of unmarried father
112
Acquisition of parental responsibility by step-parent
113
Section 8 orders: local authority foster parents
114
Residence orders: extension to age of 18
115
Special guardianship
116
Accommodation of children in need etc.
117
Inquiries by local authorities into representations
118
Review of cases of looked after children
119
Advocacy services
120
Meaning of “harm” in the 1989 Act
121
Care plans
122
Interests of children in proceedings
Part 3
Miscellaneous and final provisions
Chapter 1
Miscellaneous
Advertisements in the United Kingdom
123
Restriction on advertisements etc.
124
Offence of breaching restriction under section 123
Adoption and Children Act Register
125
Adoption and Children Act Register
126
Use of an organisation to establish the register
127
Use of an organisation as agency for payments
128
Supply of information for the register
129
Disclosure of information
130
Territorial application
131
Supplementary
Other miscellaneous provisions
132
Amendment of Adoption (Scotland) Act 1978: contravention of sections 30 to 36 of this Act
133
Scottish restriction on bringing children into or out of United Kingdom
134
Amendment of Adoption (Scotland) Act 1978: overseas adoptions
135
Adoption and fostering: criminal records
136
Payment of grants in connection with welfare services
137
Extension of the Hague Convention to British overseas territories
138
Proceedings in Great Britain
Amendments etc.
139
Amendments, transitional and transitory provisions, savings and repeals
Chapter 2
Final provisions
140
Orders, rules and regulations
141
Rules of procedure
142
Supplementary and consequential provision
143
Offences by bodies corporate and unincorporated bodies
144
General interpretation etc.
145
Devolution: Wales
146
Expenses
147
Glossary
148
Commencement
149
Extent
150
Short title
SCHEDULES
SCHEDULE 1
Registration of adoptions
1
Registration of adoption orders
2
Registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel Islands
3
Registration of other adoptions
4
Amendment of orders and rectification of Registers and other records
5
Marking of entries on re-registration of birth on legitimation
6
Cancellations in registers on legitimation
SCHEDULE 2
Disclosure of birth records by Registrar General
1
On an application made in the prescribed manner by an...
2
(1) Before giving any information to an applicant under paragraph...
3
(1) Where an adopted person who is in England and...
4
(1) Where a person— (a) was adopted before 12th November...
SCHEDULE 3
Minor and consequential amendments
1
The Marriage Act 1949 (c. 76)
2
In subsection (1), for “person or persons specified in subsection...
3
For subsection (1A) there is substituted— (1A) The appropriate persons...
4
For subsection (1B) there is substituted— (1B) In this section—...
5
In subsection (2), for “The last foregoing subsection” there is...
6
The Births and Deaths Registration Act 1953 (c. 20)
7
In section 10A of the Births and Deaths Registration Act...
8
The Sexual Offences Act 1956 (c. 69)
9
The Health Services and Public Health Act 1968 (c. 46)
10
In section 64 (financial assistance by the Secretary of State...
11
In section 65 (financial and other assistance by local authorities...
12
The Local Authority Social Services Act 1970 (c. 42)
13
In section 7D (default powers of Secretary of State as...
14
In Schedule 1 (enactments conferring functions assigned to social services...
15
The Immigration Act 1971 (c. 77)
16
The Legitimacy Act 1976 (c. 31)
17
In section 4 (legitimation of adopted child)—
18
In section 6 (dispositions depending on date of birth), at...
19
The Adoption Act 1976 (c. 36)
20
The National Health Service Act 1977 (c. 49)
21
The Adoption (Scotland) Act 1978 (c. 28)
22
In section 11 (restriction on arranging adoptions and placing of...
23
In section 16 (parental agreement to adoption order)—
24
In section 29 (return of children taken away in breach...
25
In section 45 (Adopted Children Register)— (a) in subsection (6)(d),...
26
In section 47 (annulment etc. of overseas adoptions), in subsection...
27
In section 50 (restriction on removal of children for adoption...
28
Section 52 (restriction on advertisements) is omitted.
29
In section 53 (effect of determination and orders made in...
30
After section 53 there is inserted— Effect of certain orders...
31
In section 54 (evidence of adoption in England, Wales and...
32
In section 56 (authorised courts), in subsection (3), for “Great...
33
In section 59 (rules of procedure)— (a) in subsection (2)—...
34
In section 60 (orders, rules and regulations), after subsection (3)...
35
In section 65 (interpretation), in subsection (1)—
36
The Magistrates' Courts Act 1980 (c. 43)
37
In section 65 (meaning of family proceedings), in subsection (1),...
38
In section 69 (sitting of magistrates' courts for family proceedings),...
39
In section 71 (newspaper reports of family proceedings)—
40
In Part 1 of Schedule 6 (fees to be taken...
41
The Mental Health Act 1983 (c. 20)
42
The Child Abduction Act 1984 (c. 37)
43
(1) The Schedule to that Act (modifications of section 1...
44
The Matrimonial and Family Proceedings Act 1984 (c. 42)
45
The Child Abduction and Custody Act 1985 (c. 60)
46
The Family Law Act 1986 (c. 55)
47
In section 1 (orders to which Part 1 applies), in...
48
In section 2 (jurisdiction: general), after subsection (2) there is...
49
In section 57 (declarations as to adoptions effected overseas)—
50
The Family Law Reform Act 1987 (c. 42)
51
In section 1 (general principle), for paragraph (c) of subsection...
52
In section 19 (dispositions of property), in subsection (5), after...
53
The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
54
The Children Act 1989 (c. 41)
55
In section 8 (residence, contact and other orders with respect...
56
In section 10 (power of court to make section 8...
57
In section 12 (residence orders and parental responsibility), in subsection...
58
In section 16 (family assistance orders), in subsection (2)(a), for...
59
In section 20 (provision of accommodation for children: general), in...
60
In section 24 (persons qualifying for advice and assistance)—
61
In section 24A (advice and assistance for qualifying persons)—
62
In section 24B (assistance with employment, education and training), in...
63
In section 33 (effect of care order)—
64
In section 34 (parental contact etc. with children in care)—...
65
In section 80 (inspection of children’s homes by persons authorised...
66
In section 81 (inquiries), in subsection (1), paragraph (b) is...
67
In section 88 (amendments of adoption legislation), subsection (1) is...
68
In section 91 (effect and duration of orders, etc.)—
69
In section 102 (power of constable to assist in exercise...
70
In section 105 (interpretation), in subsection (1)—
71
In Schedule 1 (financial provision for children)—
72
In Schedule 2, in paragraph 19 (arrangements by local authorities...
73
In Schedule 8 (privately fostered children), in paragraph 5, for...
74
Part 1 of Schedule 10 is omitted.
75
In Schedule 11 (jurisdiction), in paragraphs 1 and 2, for...
76
The Human Fertilisation and Embryology Act 1990 (c. 37)
77
In section 27 (meaning of mother), in subsection (2), for...
78
In section 28 (meaning of father), in subsection (5)(c), for...
79
In section 30 (parental orders in favour of gamete donors),...
80
The Courts and Legal Services Act 1990 (c. 41)
81
The Child Support Act 1991 (c. 48)
82
The Children (Scotland) Act 1995 (c. 36)
83
In subsection (3), in paragraph (a), for “section 18 (freeing...
84
In subsection (6), in paragraph (b), for the words from...
85
The Family Law Act 1996 (c. 27)
86
In section 62 (meaning of “relevant child” etc.)—
87
At the end of that section there is inserted—
88
In section 63 (interpretation of Part 4)—
89
The Housing Act 1996 (c. 52)
90
In subsection (2), for the words from “has been freed”...
91
After that subsection there is inserted— (2A) A child falls...
92
In subsection (3), for the definition of “adoption order”, there...
93
The Police Act 1997 (c. 50)
94
The Protection of Children Act 1999 (c. 14)
95
The Adoption (Intercountry Aspects) Act 1999 (c. 18)
96
Section 2 of that Act (accredited bodies) is amended as...
97
In subsection (2A)— (a) for the words from the beginning...
98
For subsection (5) there is substituted— (5) In this section,...
99
In subsection (6)— (a) the words “in its application to...
100
Section 14 (restriction on bringing children into the United Kingdom...
101
In section 16(1) (devolution: Wales), the words “, or section...
102
The Access to Justice Act 1999 (c. 22)
103
The Care Standards Act 2000 (c. 14)
104
In section 4 (basic definitions), in subsection (7), for “the...
105
At the end of section 5 (registration authorities) there is...
106
In section 11 (requirement to register), in subsection (3), for...
107
In section 14 (2) (offences conviction of which may result...
108
In section 16(2) (power to make regulations providing that no...
109
In section 22(10) (disapplication of power to make regulations in...
110
In section 23 (standards), at the end of subsection (4)(d)...
111
In section 31 (inspections by authorised persons), in subsection (3)(b),...
112
In section 43 (introductory), in subsection (3)(a)—
113
In section 46 (inspections: supplementary), in subsection (7)(c), for “section...
114
In section 48 (regulation of fostering functions), at the end...
115
In section 55(2)(b) (definition of “social care worker”), for “or...
116
In section 121 (general interpretation)— (a) in subsection (1), in...
117
In Schedule 4 (minor and consequential amendments), paragraph 27(b) is...
118
The Criminal Justice and Court Services Act 2000 (c. 43)
SCHEDULE 4
Transitional and transitory provisions and savings
1
General rules for continuity
2
General rule for old savings
3
Adoption support services
4
Regulation of adoption agencies
5
Independent review mechanism
6
Pending applications for freeing orders
7
Freeing orders
8
Pending applications for adoption orders
9
Notification of adoption applications
10
Adoptions with a foreign element
11
In section 56 of the Adoption Act 1976 (restriction on...
12
For section 56A of the Adoption Act 1976 (c. 36)...
13
In section 72 of the Adoption Act 1976 (c. 36)...
14
Advertising
15
In section 52 of the Adoption (Scotland) Act 1978 (c....
16
(1) The Secretary of State may make regulations providing for...
17
Status
18
Section 69 does not apply to a pre-1976 instrument.
19
In section 70(1), the reference to Part 3 of the...
20
Registration of adoptions
21
The Child Abduction Act 1984 (c. 37)
22
The Courts and Legal Services Act 1990 (c. 41)
23
The Children (Scotland) Act 1995 (c. 36)
SCHEDULE 5
Repeals
SCHEDULE 6
Glossary

Adoption and Children Act 2002
2002 Chapter 38
An Act to restate and amend the law relating to adoption; to make further amendments of the law relating to children; to amend section 93 of the Local Government Act 2000; and for connected purposes.
[7th November 2002]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—