Section 39: Status conferred by adoption., Adoption Act 1976

An adopted child shall be treated in law—

where the adopters are a married couple, as if he had been born as a child of the marriage (whether or not he was in fact born after the marriage was solemnized);

in any other case, as if he had been born to the adopter in wedlock (but not as a child of any actual marriage of the adopter).

An adopted child shall, subject to subsections (3) and (3A), be treated in law as if he were not the child of any person other than the adopters or adopter.

In the case of a child adopted by one of its natural parents as sole adoptive parent, subsection (2) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.

The following provisions of the Family Law Act 1986—

section 59 (provisions relating to the Attorney General); and

section 60 (supplementary provision as to declarations),

shall apply in relation to, and to an application for, a direction under subsection (3A) as they apply in relation to, and to an application for, a declaration under Part III of that Act.

It is hereby declared that this section prevents an adopted child from being illegitimate.

This section has effect—

in the case of an adoption before 1st January 1976, from that date, and

in the case of any other adoption, from the date of the adoption.

Subject to the provisions of this Part, this section—

applies for the construction of enactments or instruments passed or made before the adoption or later, and so applies subject to any contrary indication; and

has effect as respects things done, or events occurring, after the adoption, or after 31st December 1975, whichever is the later.

Section 39: Status conferred by adoption.

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