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Section 39 Partners of parentsI1C1C2

England and Wales

(1)

This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.

(2)

If the child’s home has been with the partner for not less than three years (whether continuous or not) during the period of five years ending with the removal, the following persons may remove the child—

(a)

a person who has the court’s leave,

(b)

a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act F1or section 76(5) of 2014 Act.

(3)

If subsection (2) does not apply, the following persons may remove the child—

C3(a)

a parent or guardian,

(b)

a person who has the court’s leave,

(c)

a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act F2or section 76(5) of the 2014 Act.

Annotations

Textual amendments

F1

Words in s. 39(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 195(a)

F2

Words in s. 39(3)(c) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 195(b)

Modifications

C1

S. 39 applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 52, 54(2)(b)

C2

Ss. 36-40 excluded (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 54(1)

C3

S. 39(3)(a) excluded (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 6(b)

Commencement

I1

S. 39 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)