OpenLegislation

Regulation 39 Withdrawal of consentI1

England and Wales

(1)

This paragraph applies where consent under section 19, or section 19 and 20, of the Act in respect of a child is withdrawn in accordance with section 52(8) of the Act.

(2)

Where paragraph (1) applies and the adoption agency is a local authority, on receipt of the form or notice given in accordance with section 52(8) of the Act, the authority must immediately review its decision to place the child for adoption and where, in accordance with section 22(1) or (2) of the Act, the authority decides to apply for a placement order in respect of the child, it must immediately notify —

(a)

the parent or guardian;

(b)

if regulation 14(2) applies, the child’s father F1or woman who is a parent of the child by virtue of section 43 of the 2008 Act; and

(c)

if the child is placed for adoption, the prospective adopter with whom the child is placed.

(3)

Where paragraph (1) applies and the adoption agency is a registered adoption society, the agency must immediately consider whether it is appropriate to inform the local authority in whose area the child is living.

Annotations

Textual amendments

F1

Words in reg. 39(2)(b) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(8) (with Sch. 4)

Commencement

I1

Reg. 39 in force at 30.12.2005, see reg. 1(1)