Section 38 Meaning of “adoption” in Part IV.

England and Wales

(1)

In this Part “adoption” means adoption—

(a)

by an adoption order;

(b)

by an order made under the M1Children Act 1975, the M2Adoption Act 1958, the M3Adoption Act 1950 or any enactment repealed by the Adoption Act 1950;

(c)

by an order made in Scotland, Northern Ireland, the Isle of Man or in any of the Channel Islands;

F1(cc)

which is a Convention adoption;

(d)

which is an overseas adoption; or

(e)

which is an adoption recognised by the law of England and Wales and effected under the law of any other country,

and cognate expressions shall be construed accordingly.

(2)

The definition of adoption includes, where the context admits, an adoption effected before the passing of the M4Children Act 1975 F2but does not include an adoption of a kind mentioned in paragraphs (c) to (e) of subsection (1) effected on or after the day which is the appointed day for the purposes of Chapter 4 of Part 1 of the Adoption and Children Act 2002, and the date of an adoption effected by an order is the date of the making of the order.

Annotations

Textual amendments

F1: S. 38(1)(cc) inserted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 4(1), 18(3) (with s. 17); S.I. 2003/189, art. 2(2)(c)
F2: Words in s. 38(2) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 19 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

Marginal citations

M1: 1975 c. 72(49:3).
M2: 1958 c. 5 (7 & 8 Eliz. 2).(49:11).
M3: 1950 c. 26.
M4: 1975 c. 72(49:3).

Notes on Part IV

Modifications

C1: Part IV (ss. 38-49): definition applied (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 26(3), (with s. 9(2)); S.I. 1992/2644, art.2.
C2: Pt. IV extended (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 66(3), 148(1) (with Sch. 4 paras. 1, 6-8); S.I. 2005/2213, art. 2(d)