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The Child

Document Cited authorities 17 Cited in Related
AuthorNasreen Pearce/Richard Budworth
Pages13-17

Chapter 3 The Child

STATUTORY REQUIREMENTS

3.1 An application for an adoption order may only be made in respect of a child who: (a) is under the age of 18 years on the date of the application (ACA 2002, s 49(4)); (b) is not married or has not been married (ACA 2002, s 47(8));
(c) is not, or has not, been a civil partner (ACA 2002, s 47(8A)); (d) is in England and Wales when the application is made; (e) has had his home with the prospective adopter(s) with one or both of them during the relevant period (see paras 3.5–3.9) preceding the application, and sufficient opportunity to see the child with the applicant (or in the case of an application by a couple, both of them together) in the home environment has been given to the adoption agency or the local authority within whose area the home is situated (ACA 2002, s 42(7)).

AGE

3.2 The person to be adopted must be under the age of 18 years on the date of the application. An adoption order may therefore be made after the child’s 18th birthday provided the proceedings were commenced before he attained that age, but an order may not be made if the child has attained the age of 19 years (ACA 2002, s 47(9)). This is significant in cases where, although the proceedings were commenced before the child’s 18th birthday, exceptional circumstances have resulted in the final hearing for the adoption order not taking place before the child attains the age of 19 years. The age of 18 years is significant. ACA 2002, s 49(5) provides that references in the Act to a child, in connection with any proceedings (whether concluded or not) for adoption (such as a ‘child to be adopted’ or ‘adopted child’) include a person who has attained the age of 18 years before the proceedings are concluded. ACA 2002, s 144 defines ‘a child’ as a person who has not attained the age of 18 years. A similar definition is given in ChA 1989, s 105. The time at which a person attains a particular age expressed in

14 Adoption Law: A Practical Guide

years is the commencement of the relevant anniversary of the date of birth (FLRA 1969, s 9).

Child is aged 18 or over at the final hearing

3.3 Where the child has attained the age of 18 years by the time the application for an adoption order is heard, the court’s decision is, as in other cases, based on the application of the welfare principle; the particular circumstances of the case; the assessment of all the circumstances and the factors set out in ACA 2002, s 1(4) (see Chapter 7). The welfare of the child throughout his life is the paramount consideration (ACA 2002, s 1(2)). The court will also take into consideration issues relating to European...

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