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Conditions for Making an Adoption Order

Document Cited authorities 9 Cited in Related
AuthorNasreen Pearce/Richard Budworth
Pages59-63

Chapter 5


Conditions for Making an Adoption Order

INTRODUCTION

5.1 The conditions that must be met before an adoption order may be made are set out in ACA 2002, s 47. This provides that an adoption order may not be made if the child has a parent or guardian unless one of three conditions are met, namely:

(a) The parent or guardian consents or parental consent having been given under s 20 has not been withdrawn or, that parental consent should be dispensed with.

(b) The child has been placed for adoption by an adoption agency with the prospective adopter(s) either with parental consent and the mother’s consent was given when the child was at least six weeks old or the child was placed under a placement order.

(c) The child is free for adoption by virtue of a Scottish permanence order which grants authority for the child to be adopted or is free for adoption under the Adoption (Northern Ireland) Order 1987 (SI 1987/2203) (NI 22).

5.2 In agency cases, the issue of consent arises at the time when the decision is taken to place the child for adoption. In non-agency cases, such as adoption by a step-parent, a partner or spouse of a parent of the child, or a relative, it does not arise until the adoption stage. Where consent is not forthcoming it can be dispensed with provided that one or both situations set out in ACA 2002, s 52(1)(a) is/are met and the welfare of the child requires consent to be dispensed with (ACA 2002, s 52(1)(b)). The issue of dispensation of consent is dealt with in Chapter 6.

FIRST CONDITION – PARENTAL CONSENT

5.3 The court cannot make an adoption order unless it is satisfied:

60 Adoption Law: A Practical Guide

(a) that each parent or guardian consents to the making of the order unconditionally and with full consideration of what is involved (ACA 2002, s 47(2)(a)); or

(b) that the parent or guardian has given advance consent under ACA 2002, s 20 and has not withdrawn the consent and does not oppose the making of the adoption order (ACA 2002, s 47(2)(b)); or

(c) that the consent of each parent or guardian should be dispensed with (ACA 2002, s 47(2)(c)).

5.4 In relation to (a) and (b) (above), see further paras 4.8–4.20. Consent given by the mother if given less than six weeks after the birth of her child is ineffective (ACA 2002, s 52(3)). Although there is no specific requirement that consent should be given freely, consent obtained under pressure or by reason of undue pressure will not constitute valid consent, but consent given...

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