Q&As

Can an adoption order be made where the application was made to court just before the child attained the age of 18 but the requisite notice was not given to the local authority as required under section 44(3) of the Adoption and Children Act 2002 and the child has since turned 18?

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Published by a 亚洲色情网 Family expert
Published on: 23 November 2023
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Section 49(4) of the Adoption and Children Act 2002 (ACA 2002) provides that:

鈥楢n application for an adoption order may only be made if the person to be adopted has not attained the age of 18 years on the date of the application.鈥

However, ACA 2002, s 49(5) provides in addition that:

鈥楻eferences in this Act to a child, in connection with any proceedings (whether or not concluded) for adoption, (such as 鈥渃hild to be adopted鈥 or 鈥渁dopted child鈥) include a person who has attained the age of 18 years before the proceedings are concluded.鈥

In Mrs X and another v A local authority and another, the court was concerned with an application to adopt where the application was made a day before the child鈥檚 eighteenth birthday

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United Kingdom
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