Adoption and Children Act 2002

Adoption and Children Act 2002

2002 CHAPTER 38

Commentary on Sections

Part 1 – Adoption

Chapter 3  - Placement for Adoption and Adoption Orders

Section 20: Advance consent to adoption

79. Section 20 enables a parent who consents to his child being placed for adoption by an adoption agency to give consent at the same time to the making of a future adoption order (‘advance consent’).  As with placement with consent, advance consent may be to adoption by prospective adopters identified in the consent or by any prospective adopters who may be chosen by the agency.  Subsection (3) provides that consent may be withdrawn.  It must be withdrawn by notice in writing to the agency or in the form prescribed (see section 52(8)).  Subsection (4) enables a parent who gives advance consent to adoption to give notice to the agency that he does not wish to be informed when an application for an adoption order is made, and to withdraw any such notice. This provision allows a parent who wishes to relinquish their child for adoption to do so, and to provide that they need have no further involvement in the adoption proceedings.

80. Subsection (6) provides that this section is subject to the provisions in section 52 relating to what is meant by consent.