Adoption and Children Act 2002

35 Return of child in other casesE+W

(1)Where a child is placed for adoption by an adoption agency and the prospective adopters give notice to the agency of their wish to return the child, the agency must—

(a)receive the child from the prospective adopters before the end of the period of seven days beginning with the giving of the notice, and

(b)give notice to any parent or guardian of the child of the prospective adopters’ wish to return the child.

(2)Where a child is placed for adoption by an adoption agency, and the agency—

(a)is of the opinion that the child should not remain with the prospective adopters, and

(b)gives notice to them of its opinion,

the prospective adopters must, not later than the end of the period of seven days beginning with the giving of the notice, return the child to the agency.

(3)If the agency gives notice under subsection (2)(b), it must give notice to any parent or guardian of the child of the obligation to return the child to the agency.

(4)A prospective adopter who fails to comply with subsection (2) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

(5)Where—

(a)an adoption agency gives notice under subsection (2) in respect of a child,

[F1(b)before the notice was given, an application—

(i)for an adoption order (including a Scottish or Northern Irish adoption order),

(ii)for a special guardianship order,

(iii)for a child arrangements order to which subsection (5A) applies, or

(iv)for permission to apply for an order within sub-paragraph (ii) or (iii),

was made in respect of the child, and

(c)the application (and, in a case where permission is given on an application to apply for an order within paragraph (b)(ii) or (iii), the application for the order) has not been disposed of,]

prospective adopters are not required by virtue of the notice to return the child to the agency unless the court so orders.

[F2(5A)A child arrangements order is one to which this subsection applies if it is an order regulating arrangements that consist of, or include, arrangements which relate to either or both of the following—

(a)with whom a child is to live, and

(b)when a child is to live with any person.]

(6)This section applies whether or not the child in question is in England and Wales.