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Section 21 Placement ordersI1C1

England and Wales

(1)

A placement order is an order made by the court authorising a local authority to place a child for adoption with any prospective adopters who may be chosen by the authority.

(2)

The court may not make a placement order in respect of a child unless—

(a)

the child is subject to a care order,

(b)

the court is satisfied that the conditions in section 31(2) of the 1989 Act (conditions for making a care order) are met, or

(c)

the child has no parent or guardian.

(3)

The court may only make a placement order if, in the case of each parent or guardian of the child, the court is satisfied—

(a)

that the parent or guardian has consented to the child being placed for adoption with any prospective adopters who may be chosen by the local authority and has not withdrawn the consent, or

(b)

that the parent’s or guardian’s consent should be dispensed with.

This subsection is subject to section 52 (parental etc. consent).

(4)

A placement order continues in force until—

(a)

it is revoked under section 24,

C2(b)

an adoption order is made in respect of the child, or

(c)

the child marries F1, forms a civil partnership or attains the age of 18 years.

“Adoption order” includes a Scottish or Northern Irish adoption order.

Annotations

Textual amendments

F1

Words in s. 21(4)(c) inserted (30.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 79(2), 263(2); S.I. 2005/3175, art. 2(9)

Modifications

C1

S. 21 restricted by 1978 c. 28, s. 16(3D) (as inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 23 (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c))

C2

S. 21(4)(b) applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 11(1)(c), 52, 55

Commencement

I1

S. 21 in force at 30.12.2005 by S.I. 2005/2213, art. 2(c) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)