Section 38: Meaning of “adoption” in Part IV.

Adoption Act 1976 · 1976 c.36

Part IV: Status of Adopted Children

38(1)

In this Part “adoption” means adoption—

(a) by an adoption order;

(b) by an order made under the Children Act 1975, the Adoption Act 1958, the Adoption Act 1950 or any enactment repealed by the Adoption Act 1950;

(c) by an order made in Scotland, Northern Ireland, the Isle of Man or in any of the Channel Islands;

(cc) which is a Convention adoption;

(d) which is an overseas adoption; or

(e) which is an adoption recognised by the law of England and Wales and effected under the law of any other country,

and cognate expressions shall be construed accordingly.

38(2)

The definition of adoption includes, where the context admits, an adoption effected before the passing of the Children Act 1975 but does not include an adoption of a kind mentioned in paragraphs (c) to (e) of subsection (1) effected on or after the day which is the appointed day for the purposes of Chapter 4 of Part 1 of the Adoption and Children Act 2002, and the date of an adoption effected by an order is the date of the making of the order.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.