# Adoption and Children Act 2002, Section 39: Partners of parents

Extent: E+W

(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 or section 76(5) of 2014 Act.
(3) If subsection (2) does not apply, the following persons may remove the child—
(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 or section 76(5) of the 2014 Act.

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Source: https://www.legislation.gov.uk/ukpga/2002/38/section/39n1 (the official version)
Page: https://openlegislation.uk/adoption-and-children-act-2002/section-39n1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.