Adoption Act 1950

JurisdictionUK Non-devolved
Citation1950 c. 26


Adoption Act , 1950

(14 Geo. 6) CHAPTER 26

An Act to consolidate the enactments relating to the adoption of children with such corrections and improvements as may be authorised under the Consolidation of Enactments (Procedure) Act, 1949.

[28th July 1950]

Be it enacted by the King'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:—

I Adoption Orders

Part I

Adoption Orders

Making of adoption orders

Making of adoption orders

S-1 Power to make adoption orders.

1 Power to make adoption orders.

(1) Subject to the provisions of this Act, the court may, upon an application made in the prescribed manner by a person domiciled in England or Scotland, make an order (in this Act referred to as an adoption order) authorising the applicant to adopt an infant.

(2) An adoption order may be made on the application of two spouses authorising them jointly to adopt an infant.

(3) An adoption order may be made authorising the adoption of an infant by the mother or father of the infant, either alone or jointly with her or his spouse.

S-2 Restrictions on making adoption orders.

2 Restrictions on making adoption orders.

(1) An adoption order shall not be made in respect of an infant unless the applicant or, in the case of a joint application, one of the applicants—

(a ) has attained the age of twenty-five and is at least twenty-one years older than the infant; or

(b ) has attained the age of twenty-one and is a relative of the infant; or

(c ) is the mother or father of the infant.

(2) An adoption order shall not be made in respect of an infant who is a female in favour of a sole applicant who is a male, unless the court is satisfied that there are special circumstances which justify as an exceptional measure the making of an adoption order.

(3) Except as provided by subsection (2) of section one of this Act, an adoption order shall not be made authorising more than one person to adopt an infant.

(4) Subject to the provisions of section three of this Act, an adoption order shall not be made—

(a ) in any case, except with the consent of every person or body who is a parent or guardian of the infant or who is liable by virtue of any order or agreement to contribute to the maintenance of the infant;

(b ) on the application of one of two spouses, except with the consent of the other spouse,

and shall not be made in Scotland in respect of an infant who is a minor except with the consent of the infant.

(5) An adoption order shall not be made in England unless the applicant and the infant reside in England, and shall not be made in Scotland unless the applicant and the infant reside in Scotland.

(6) An adoption order shall not be made in respect of any infant unless—

(a ) the infant has been continuously in the care and possession of the applicant for at least three consecutive months immediately preceding the date of the order; and

(b ) the applicant has, at least three months before the date of the order, notified the welfare authority within whose area he is for the time being resident of his intention to apply for an adoption order in respect of the infant.

S-3 Consent to adoption.

3 Consent to adoption.

(1) The court may dispense with any consent required by paragraph (a ) of subsection (4) of section two of this Act if it is satisfied—

(a ) in the case of a parent or guardian of the infant, that he has abandoned, neglected or persistently ill-treated the infant;

(b ) in the case of a person liable by virtue of an order or agreement to contribute to the maintenance of the infant, that he has persistently neglected or refused so to contribute;

(c ) in any case, that the person whose consent is required cannot be found or is incapable of giving his consent or that his consent is unreasonably withheld.

(2) The court may dispense with the consent of the spouse of an applicant for an adoption order if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving the consent or that the spouses have separated and are living apart and that the separation is likely to be permanent.

(3) The consent of any person to the making of an adoption order in pursuance of an application (not being the consent of the infant) may be given (either unconditionally or subject to conditions with respect to the religious persuasion in which the infant is to be brought up) without knowing the identity of the applicant for the order; and where consent so given by any person is subsequently withdrawn on the ground only that he does not know the identity of the applicant, his consent shall be deemed for the purposes of this section to be unreasonably withheld.

(4) While an application for an adoption order in respect of an infant is pending in any court, any parent or guardian of the infant who has signified his consent to the making of an adoption order in pursuance of the application shall not be entitled, except with the leave of the court, to remove the infant from the care and possession of the applicant; and in considering whether to grant or refuse such leave the court shall have regard to the welfare of the infant.

S-4 Evidence of consent of parent or guardian.

4 Evidence of consent of parent or guardian.

(1) Where any person whose consent to the making of an adoption order is required by paragraph (a ) of subsection (4) of section two of this Act does not attend in the proceedings for the purpose of giving it, then, subject to the provisions of subsection (3) of this section, a document signifying his consent to the making of such an order shall, if the person in whose favour the order is to be made is named in the document or (where the identity of that person is not known to the consenting party) is distinguished therein in the prescribed manner, be admissible as evidence of that consent, whether the document is executed before or after the commencement of the proceedings.

(2) Where any such document is attested by a justice of the peace (or, if executed outside the United Kingdom, by a person of any such class as may be prescribed), the document shall be admissible as aforesaid without further proof of the signature of the person by whom it is executed; and for the purposes of this subsection, a document purporting to be attested as aforesaid shall be deemed to be so attested, and to be executed and attested on the date and at the place specified therein, unless the contrary is proved.

(3) A document signifying the consent of the mother of an infant shall not be admissible under this section unless—

(a ) the infant is at least six weeks old on the date of the execution of the document; and

(b ) the document is attested on that date by a justice of the peace or, as the case may be, by a person of a class prescribed for the purposes of subsection (2) of this section.

(4) In the application of this section to Scotland, for the words ‘admissible as evidence’ and the word ‘admissible’ there shall be substituted the words ‘sufficient evidence’, and references to a justice of the peace shall include references to the sheriff.

S-5 Functions of court as to adoption orders.

5 Functions of court as to adoption orders.

(1) The court before making an adoption order shall be satisfied—

(a ) that every person whose consent is necessary under this Act, and whose consent is not dispensed with, has consented to and understands the nature and effect of the adoption order for which application is made, and in particular in the case of any parent understands that the effect of the adoption order will be permanently to deprive him or her of his or her parental rights;

(b ) that the order if made will be for the welfare of the infant, due consideration being for this purpose given to the wishes of the infant, having regard to the age and understanding of the infant; and

(c ) that the applicant has not received or agreed to receive, and that no person has made or given or agreed to make or give to the applicant, any payment or other reward in consideration of the adoption except such as the court may sanction.

(2) The court in an adoption order may impose such terms and conditions as the court may think fit, and in particular may require the adopter by bond or otherwise to make for the infant such provision (if any) as in the opinion of the court is just and expedient.

S-6 Interim orders.

6 Interim orders.

(1) Subject to the provisions of this section, the court may, upon any application for an adoption order, postpone the determination of the application and make an interim order giving the custody of the infant to the applicant for a period not exceeding two years by way of a probationary period upon such terms as regards provision for the maintenance and education and supervision of the welfare of the infant and otherwise as the court may think fit.

(2) All such consents as are required to an adoption order shall be necessary to an interim order but subject to a like power on the part of the court to dispense with any such consent.

(3) An interim order shall not be made in any case where the making of an adoption order would be unlawful by virtue of subsection (6) of section two of this Act.

(4) An interim order shall not be deemed to be an adoption order within the meaning of this Act.

S-7 Adoption order in respect of infants previously adopted.

7 Adoption order in respect of infants previously adopted.

(1) An adoption order or an interim order may be made in respect of an infant who has already been the subject of an adoption order under this Act or under the Adoption of Children Act, 1926, or the Adoption of Children (Scotland) Act, 1930.

(2) In relation to an application for an...

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