An adoption order may not be made if the child has a parent or guardian unless one of the following three conditions is met; but this section is subject to section 52 (parental etc. consent).
The first condition is that, in the case of each parent or guardian of the child, the court is satisfied—
A parent or guardian may not oppose the making of an adoption order under subsection (2)(b) without the court’s leave.
The second condition is that—
A parent or guardian may not oppose the making of an adoption order under the second condition without the court’s leave.
The third condition is that the child—
The court cannot give leave under subsection (3) or (5) unless satisfied that there has been a change in circumstances since the consent of the parent or guardian was given or, as the case may be, the placement order was made.
An adoption order may not be made in relation to a person who is or has been married.
An adoption order may not be made in relation to a person who is or has been a civil partner.
An adoption order may not be made in relation to a person who has attained the age of 19 years.
In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 (S.S.I.2009/267)).