ADOPTION ACT 1976

Year: 1976

The purpose of the Adoption Act 1976 is to consolidate the enactments having effect in England and Wales in relation to adoption.

Part I applies to the adoption service (s. 1 – 2), adoption societies (s. 3 – 5). Section 1 expressly imposes a duty on every local authority to establish and maintain within their area a service designed to meet the needs in relation to adoption.

This includes children who have or may be adopted, parents and guardians of such children and persons who have adopted or may adopt a child.

Section 2 lists the functions of the local authorities’ social services.

Section 3 sets out the requirements for the approval of adoption societies.

Section 4 sets out the withdrawal of approval and Section 5 gives details about the procedure on refusal to approve or withdraw of approval from adoption societies. Section 6 imposes a duty on the court or adoption agency to promote the welfare of child when reaching any decision.

Section 7 includes consideration to be given to religious upbringing of the child.

Section 9 discusses the regulation of adoption agencies.

Section 10 allows a local authority at any time to inspect books etc. of approved adoption societies.

Section 11 sets out the restrictions on arranging adoptions and placing of children.

Part II applies to adoption orders.

This includes the making of adoption orders (s. 12), provisions applying to a child that live with adopters before order is made (s. 13), adoption orders where the adoption is by a married couple (s. 14), details of adoption by one person (s. 15), details of parental agreement (s. 16) and convention adoption orders (s. 17).

Freeing a child for adoption is set out under s.18 – s.21.

There is a requirement to notify the local authority of adoption applications (s. 22).

There are restrictions on making adoption orders (s. 24) and details given on care etc of child on refusal of adoption order (s. 26).

Part III provides details on the care and protection of children awaiting adoption.

This includes restrictions on removal of children (s. 27 – 31) and details relating to protected children (s. 32 – 37).

The restrictions on removal where adoption agreed or application is made under s.18 is provided for under Section 27 and restriction on removal where the applicant has provided a home for five years is provided for under Section 28.

Section 29 applies to the return of the child taken away in breach of Section 27 or 28 and Section 30 applies to the return of children placed for adoption by adoption agencies.

Section 31 provides details where there is an application of Section 30 where the child is not placed for adoption.

The meaning of the protected child is given (s.32).

There is a duty imposed on local authorities to secure well being of protected children (s. 33).

Section 34 provides details on the removal of protected children from unsuitable surroundings.

Section 35 sets out details of notices and information that is to be given to local authorities.

Section 36 provides details on offences relating to protected children.

Section 37 sets out miscellaneous provisions relating to protected children.

Part IV provides details on the status of adopted children.

This includes the meaning of adoption (s. 38), status conferred by adoption (s. 39), details regarding citizenship (s. 40), adoptive relatives (s. 41), rules relating to the construction for instruments concerning property (s. 42), dispositions depending on date of birth (s. 43), property devolving with peerages (s. 44), protection of trustees and personal representatives (s. 45), the meaning of disposition (s. 46) and miscellaneous enactments (s. 47).

Part V provides details relating to registration and revocation of adoption orders and convention adoptions.

Section 50 provides details about the adopted Children Register.

Section 51 relates to the disclosure of birth records of adopted children.

Section 52 deals with the revocation of adoptions on legitimation.

Section 53 relates to the annulment etc. of overseas adoption.

Section 54 set out the supplementary provisions.

Part VI contains the miscellaneous and supplemental provisions.

The provisions include details of the adoption of children abroad (s. 55), restrictions on removal of children for adoption outside Great Britain (s. 56), restrictions on advertisements (s. 58), evidence of agreement and consent (s. 61), details of the courts (s. 62) and appeals (s. 63), proceedings that are to be in private (s. 64).

Further procedural details are set out including rules of procedure (s. 66), orders, rules and regulations (s. 67), offences by bodies corporate (s. 68), service of notices (s. 69), nationality (s. 70), the internal law of a country (s. 71), interpretation (s. 72) and transitional provisions amendments and repeals (s. 73).