Adoption Act 2010
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Pre-placement consultation procedure. |
17.— (1) Where an accredited body proposes to place a child for adoption— | |
(a) the accredited body, in writing and in a form approved by the Authority, shall request the Authority to provide it with a copy of any notice received by the Authority from the father of the child under section 16 (1), and | ||
(b) the Authority— | ||
(i) as soon as practicable shall provide the notice, if any, to the accredited body, or | ||
(ii) if at the time of the request the Authority has not received the notice, so inform the accredited body and afterwards, if the Authority receives the notice, forthwith provide it to the accredited body. | ||
(2) Subject to this section and section 18 , where an accredited body proposes to place a child for adoption, the accredited body, before placing the child for adoption, shall take such steps as are reasonably practicable to consult the father for the purpose of— | ||
(a) informing him of the proposed placement, | ||
(b) explaining to him the legal implications of, and the procedures related to, adoption, and | ||
(c) ascertaining whether or not he objects to the proposed placement. | ||
(3) Where the father indicates to the accredited body that he— | ||
(a) has no objection to the placement, the accredited body, at any time afterwards, may place the child for adoption, or | ||
(b) objects to the proposed placement of the child for adoption, the accredited body shall— | ||
(i) notify the father and the mother in writing in the prescribed manner that the accredited body is deferring the placement for a period specified in the notice, not being less than 21 days, commencing on the date of the notice, for the purpose of affording the father an opportunity to make an application to court under section 6A or 11 (4) of the Guardianship of Infants Act 1964 , and | ||
(ii) defer the placement in accordance with the notification. | ||
(4) Where an accredited body receives a notice that an application to court referred to in subsection (3)(b)(i) has been made in relation to a child, the accredited body shall not place the child for adoption until the proceedings are concluded. | ||
(5) Where an accredited body has not received— | ||
(a) a notice referred to in subsection (4) within the deferral period referred to in subsection (3)(b)(i), and | ||
(b) any indication from the father under paragraph (a) or (b) of subsection (3) within 21 days of informing the father under subsection (2)(a) of the proposed placement of the child, | ||
the accredited body, at any time thereafter, unless it receives a notice referred to in subsection (4), may place the child for adoption. | ||
(6) A party to an application to court referred to in subsection (3)(b)(i) may apply to the court for, and the court may grant, an order it considers appropriate to expedite the proceedings on the application in the best interests of the child, including but not limited to an order— | ||
(a) for substituted service, or | ||
(b) for abridging the time fixed by rules of court for taking any step or doing any act in the proceedings. |