The Adoption Act 1976 (c. 36) is an act of the Parliament of the United Kingdom that consolidated enactments related to adoption in England and Wales.
The Adoption (Scotland) Act 1978 made equivalent provisions for Scotland.
Background Consolidation of acts related to children and young persons was first proposed by the Law Commission in their first programme on consolidation and statute law revision, published on 17 November 1965. However, following this work was abandoned following the introduction and passage of the Children and Young Persons Act 1969.
The Commission proposed resuming their work on consolidation in this field in their second programme on consolidation and statute law revision, published on 20 April 1971. The Commission proposed that following the report of the Houghton Committee on the Adoption of Children, they should progress with the consolidation of the law of adoption, compromising of the Adoption Act 1958 (7 & 8 Eliz. 2. c. 5), the Adoption Act 1960 (8 & 9 Eliz. 2. c. 59), the Adoption Act 1964 and the Adoption Act 1968, in addition to the consolidation of the law of employment of children, compromising of the Employment of Women, Young Persons, and Children Act 1920 (10 & 11 Geo. 5. c. 65), part II of the Children and Young Persons Act 1933 (23 & 24 Geo. 5. c. 12 ) and part II of the Children and Young Persons Act 1963.
Provisions Repealed enactments Section 73(3) of the act repealed 13 enactments, listed in schedule 4 to the act. CitationShort titleExtent of repeal7 & 8 Eliz. 2. c. 5Adoption Act 1958The whole act so far as unrepealed.1959 c. 72Mental Health Act 1959In section 19(3), the words " or a protected child within the meaning of Part IV of the Adoption Act 1958 ".1960 c. 59Adoption Act 1960The whole act.1964 c. 57Adoption Act 1964The whole act.1968 c. 46Health Services and Public Health Act 1968In section 64(3)(a), paragraphs (v) and (xii).In section 65(3)(b), paragraphs (v) and (xiii).1968 c. 53Adoption Act 1968The whole act.1969 c. 54Children and Young Persons Act 1969In Schedule 5, paragraphs 33 to 36.1970 c. 31Administration of Justice Act 1970In Schedule 1, the paragraph relating to appeals under section 10 of the Adoption Act 1958.1970 c. 42Local Authority Social Services Act 1970In Schedule 1, the paragraphs relating to the Adoption Act 1958 and Part I of the Children Act 1975.1971 c. 3Guardianship of Minors Act 1971In Schedule 1, the paragraph relating to the Adoption Act 1958.1972 c. 70Local Government Act 1972In Schedule 23, paragraph 8.1975 c. 72Children Act 1975Part I.Section 100(4), (5) and (6).In section 102(1), the words " Part I except section 24(6) or " and paragraph (a).In section 107(1), the definitions of " adoption order", " adoption society ", "approved adoption society", "British adoption order", " British territory ", "the Convention", "Convention adoption order", " Convention country " and " United Kingdom national", and, in the definition of " guardian ", paragraph (b).Schedules 1 and 2.In Schedule 3, paragraphs 6, 16(b), 17, 21 to 40, 44, 45, 61 to 65, and 74(a).1976 c. 31Legitimacy Act 1976In Schedule 1, paragraph 7.
Subsequent developments Most provisions of the act were repealed by section 139(3) of, and schedule 5 to, the Adoption and Children Act 2002, which came into force on 30 December 2005. Certain provisions of the act were preserved for transitional purposes by schedule 4 to that act, in particular in respect of adoptions made before that date.
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