Adoption and Children Act 2002
At a glance
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 151 other Schedules — structural / supplementary
Schedule 1 para.2
Registration of other adoptions
Schedule 1 para.4
Schedule 1 para.5
Schedule 1 para.6
On an application made in the prescribed manner by an...
(1) Before giving any information to an applicant under paragraph...
(1) Where an adopted person who is in England and...
(1) Where a person— (a) was adopted before 12th November...
The Marriage Act 1949 (c. 76)
In section 64 (financial assistance by the Secretary of State...
Section 14 (restriction on bringing children into the United Kingdom...
In section 16(1) (devolution: Wales), the words “, or section...
The Access to Justice Act 1999 (c. 22)
The Care Standards Act 2000 (c. 14)
In section 4 (basic definitions), in subsection (7), for “the...
At the end of section 5 (registration authorities) there is...
In section 11 (requirement to register), in subsection (3), for...
In section 14 (2) (offences conviction of which may result...
In section 16(2) (power to make regulations providing that no...
In section 22(10) (disapplication of power to make regulations in...
In section 65 (financial and other assistance by local authorities...
In section 23 (standards), at the end of subsection (4)(d)...
In section 31 (inspections by authorised persons), in subsection (3)(b),...
In section 43 (introductory), in subsection (3)(a)—
In section 46 (inspections: supplementary), in subsection (7)(c), for “section...
In section 48 (regulation of fostering functions), at the end...
In section 55(2)(b) (definition of “social care worker”), for “or...
In section 121 (general interpretation)— (a) in subsection (1), in...
In Schedule 4 (minor and consequential amendments), paragraph 27(b) is...
The Criminal Justice and Court Services Act 2000 (c. 43)
The Local Authority Social Services Act 1970 (c. 42)
In section 7D (default powers of Secretary of State as...
In Schedule 1 (enactments conferring functions assigned to social services...
The Immigration Act 1971 (c. 77)
The Legitimacy Act 1976 (c. 31)
In section 4 (legitimation of adopted child)—
In section 6 (dispositions depending on date of birth), at...
The Adoption Act 1976 (c. 36)
In subsection (1), for “person or persons specified in subsection...
The National Health Service Act 1977 (c. 49)
The Adoption (Scotland) Act 1978 (c. 28)
In section 11 (restriction on arranging adoptions and placing of...
In section 16 (parental agreement to adoption order)—
In section 29 (return of children taken away in breach...
In section 45 (Adopted Children Register)— (a) in subsection (6)(d),...
In section 47 (annulment etc. of overseas adoptions), in subsection...
In section 50 (restriction on removal of children for adoption...
Section 52 (restriction on advertisements) is omitted.
In section 53 (effect of determination and orders made in...
For subsection (1A) there is substituted— (1A) The appropriate persons...
After section 53 there is inserted— Effect of certain orders...
In section 54 (evidence of adoption in England, Wales and...
In section 56 (authorised courts), in subsection (3), for “Great...
In section 59 (rules of procedure)— (a) in subsection (2)—...
In section 60 (orders, rules and regulations), after subsection (3)...
In section 65 (interpretation), in subsection (1)—
The Magistrates’ Courts Act 1980 (c. 43)
. . . . . . . . . ....
. . . . . . . . . ....
In section 71 (newspaper reports of family proceedings)—
For subsection (1B) there is substituted— (1B) In this section—...
In Part 1 of Schedule 6 (fees to be taken...
The Mental Health Act 1983 (c. 20)
The Child Abduction Act 1984 (c. 37)
(1) The Schedule to that Act (modifications of section 1...
The Matrimonial and Family Proceedings Act 1984 (c. 42)
The Child Abduction and Custody Act 1985 (c. 60)
The Family Law Act 1986 (c. 55)
In section 1 (orders to which Part 1 applies), in...
In section 2 (jurisdiction: general), after subsection (2) there is...
In section 57 (declarations as to adoptions effected overseas)—
In subsection (2), for “The last foregoing subsection” there is...
The Family Law Reform Act 1987 (c. 42)
In section 1 (general principle), for paragraph (c) of subsection...
In section 19 (dispositions of property), in subsection (5), after...
The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
The Children Act 1989 (c. 41)
In section 8 (residence, contact and other orders with respect...
In section 10 (power of court to make section 8...
In section 12 (residence orders and parental responsibility), in subsection...
In section 16 (family assistance orders), in subsection (2)(a), for...
In section 20 (provision of accommodation for children: general), in...
The Births and Deaths Registration Act 1953 (c. 20)
In section 24 (persons qualifying for advice and assistance)—
In section 24A (advice and assistance for qualifying persons)—
In section 24B (assistance with employment, education and training), in...
In section 33 (effect of care order)—
In section 34 (parental contact etc. with children in care)—...
In section 80 (inspection of children’s homes by persons authorised...
In section 81 (inquiries), in subsection (1), paragraph (b) is...
In section 88 (amendments of adoption legislation), subsection (1) is...
In section 91 (effect and duration of orders, etc.)—
In section 102 (power of constable to assist in exercise...
In section 10A of the Births and Deaths Registration Act...
In section 105 (interpretation), in subsection (1)—
In Schedule 1 (financial provision for children)—
In Schedule 2, in paragraph 19 (arrangements by local authorities...
In Schedule 8 (privately fostered children), in paragraph 5, for...
Part 1 of Schedule 10 is omitted.
. . . . . . . . . ....
The Human Fertilisation and Embryology Act 1990 (c. 37)
In section 27 (meaning of mother), in subsection (2), for...
In section 28 (meaning of father), in subsection (5)(c), for...
In section 30 (parental orders in favour of gamete donors),...
The Sexual Offences Act 1956 (c. 69)
The Courts and Legal Services Act 1990 (c. 41)
The Child Support Act 1991 (c. 48)
The Children (Scotland) Act 1995 (c. 36)
In subsection (3), in paragraph (a), for “section 18 (freeing...
In subsection (6), in paragraph (b), for the words from...
The Family Law Act 1996 (c. 27)
In section 62 (meaning of “relevant child” etc.)—
At the end of that section there is inserted—
In section 63 (interpretation of Part 4)—
The Housing Act 1996 (c. 52)
The Health Services and Public Health Act 1968 (c. 46)
In subsection (2), for the words from “has been freed”...
After that subsection there is inserted— (2A) . . ....
In subsection (3), for the definition of “adoption order”, there...
The Police Act 1997 (c. 50)
The Protection of Children Act 1999 (c. 14)
The Adoption (Intercountry Aspects) Act 1999 (c. 18)
Section 2 of that Act (accredited bodies) is amended as...
In subsection (2A)— (a) for the words from the beginning...
For subsection (5) there is substituted— (5) In this section,...
In subsection (6)— (a) the words “in its application to...
Schedule 4 para.1
Adoptions with a foreign element
In section 56 of the Adoption Act 1976 (restriction on...
For section 56A of the Adoption Act 1976 (c. 36)...
In section 72 of the Adoption Act 1976 (c. 36)...
Advertising
In section 52 of the Adoption (Scotland) Act 1978 (c....
(1) The Secretary of State may make regulations providing for...
Schedule 4 para.17
Section 69 does not apply to a pre-1976 instrument.
In section 70(1), the reference to Part 3 of the...
Schedule 4 para.2
Schedule 4 para.20
Schedule 4 para.21
Schedule 4 para.22
Schedule 4 para.23
Adoption support services
Regulation of adoption agencies
Independent review mechanism
Schedule 4 para.6
Schedule 4 para.7
Schedule 4 para.8
Schedule 4 para.9
Appeals
Amended 2 timesPrivacy
Amended 6 timesOfficers of the Service
Amended 4 timesRight of officers of the Service to have access to adoption agency records
Amended 3 timesEvidence of consent
Amended 2 timesEffect of certain Scottish orders and provisions
Amended 9 timesEffect of certain Northern Irish orders and provisions
Amended 3 timesUse of adoption records from other parts of the British Islands
Amended 3 timesChannel Islands and the Isle of Man
Amended 1 timeAvoiding delay
Amended 2 timesService of notices etc.
Amended 1 timeParental responsibility of unmarried father
Amended 1 timeAcquisition of parental responsibility by step-parent
Amended 1 timeSection 8 orders: local authority foster parents
Amended 1 timeResidence orders: extension to age of 18
Amended 1 timeSpecial guardianship
Amended 2 timesInquiries by local authorities into representations
Amended 2 timesReview of cases of looked after children
Amended 3 timesAdvocacy services
Amended 2 timesMeaning of “harm” in the 1989 Act
Amended 1 timeCare plans
Amended 3 timesInterests of children in proceedings
Amended 3 timesRestriction on advertisements etc.
Amended 7 timesOffence of breaching restriction under section 123
Amended 3 timesAdoption and Children Act Register
Amended 7 timesUse of an organisation to establish the register
Amended 4 timesUse of an organisation as agency for payments
Amended 4 timesSupply of information for the register
Amended 5 timesSearch and inspection of the register by prospective adopters
Amended 5 timesDisclosure of information
Amended 12 timesTerritorial application
Amended 1 timeS Supplementary
Amended 9 timesAmendment of Adoption (Scotland) Act 1978: contravention of sections 30 to 36 of this Act
Amended 1 timeAdoption and fostering: criminal records
Amended 2 timesExtension of the Hague Convention to British overseas territories
Amended 1 timeProceedings in Great Britain
Amended 1 timeAmendments, transitional and transitory provisions, savings and repeals
Amended 22 timesOrders, rules and regulations
Amended 5 timesRules of procedure
Amended 9 timesSupplementary and consequential provision
Amended 6 timesGeneral interpretation etc.
Amended 14 timesExtent
Amended 1 timeBrowse 116 other sections — procedural / definitional / commencement
Considerations applying to the exercise of powers
Basic definitions
Maintenance of Adoption Service
Wales – joint arrangements
England - joint arrangements etc
Assessments etc. for adoption support services
Adoption support services: duty to provide information
Local authority plans for adoption services
Arrangements on cancellation of registration
Inactive or defunct adoption societies etc.
Adoption support agencies
General power to regulate adoption etc. agencies
Management etc. of agencies
Fees
Independent review of determinations
Information concerning adoption
Default power of appropriate Minister
Inspection of premises etc.
Distribution of functions in relation to registered adoption societies
Inquiries
Placement for adoption by agencies
Placing children with parental consent
Advance consent to adoption
Placement orders
Applications for placement orders
Varying placement orders
Revoking placement orders
Parental responsibility
Contact
Contact: supplementary
Further consequences of placement
Further consequences of placement orders
General prohibitions on removal
Recovery by parent etc. where child not placed or is a baby
Recovery by parent etc. where child placed and consent withdrawn
Recovery by parent etc. where child placed and placement order refused
Placement orders: prohibition on removal
Return of child in other cases
Restrictions on removal
Applicants for adoption
Local authority foster parents
Recruitment, assessment and approval of prospective adopters
Partners of parents
Other non-agency cases
Recovery orders
Child to live with adopters before application
Reports where child placed by agency
Notice of intention to adopt
Suitability of adopters
Adoption orders
Conditions for making adoption orders
Restrictions on making adoption orders
Applications for adoption
Adoption by couple
Adoption by one person
Post-adoption contact
Orders under section 51A: supplementary
Parental etc. consent
Modification of 1989 Act and 2014 Act in relation to adoption
Disclosing information during adoption process
Revocation of adoptions on legitimation
Information to be kept about a person’s adoption
Restrictions on disclosure of protected etc. information
Disclosure of other information
Offence
Disclosing information to adopted adult
Disclosing protected information about adults
Disclosing protected information about children
Counselling
Other provision to be made by regulations
Sections 56 to 65: interpretation
Meaning of adoption in Chapter 4
Status conferred by adoption
Adoptive relatives
Rules of interpretation for instruments concerning property
Dispositions depending on date of birth
Property devolving with peerages etc.
Protection of trustees and personal representatives
Meaning of disposition
Miscellaneous enactments
Pensions
Insurance
Adopted Children Register
Searches and copies
Connections between the register and birth records
Adoption Contact Register
Adoption Contact Register: supplementary
Interpretation
Restriction on bringing children in
Giving parental responsibility prior to adoption abroad
Restriction on taking children out
Power to modify sections 83 and 85
Overseas adoptions
Modification of section 67 for Hague Convention adoptions
Annulment etc. of overseas or Hague Convention adoptions
Section 89: supplementary
Overseas determinations and orders
Power to charge
Restriction on arranging adoptions etc.
Offence of breaching restrictions under section 92
Restriction on reports
Prohibition of certain payments
Excepted payments
Sections 92 to 96: interpretation
Pre-commencement adoptions: information
Proceedings for offences
Accommodation of children in need etc.
Scottish restriction on bringing children into or out of United Kingdom
Amendment of Adoption (Scotland) Act 1978: overseas adoptions
Payment of grants in connection with welfare services
Offences by bodies corporate and unincorporated bodies
Devolution: Wales
Expenses
Glossary
Commencement
Short title
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Ofsted
PrimaryOffice for Standards in Education, Children's Services and Skills
Inspects and regulates services providing education, training, and childcare in England. Inspects schools, colleges, initial teacher training, and children's social care. Registers …
Care Inspectorate Wales
Registers and inspects social care and childcare services in Wales. Regulates care homes, domiciliary care, children's homes, and childminders.
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