Commentary on Sections Part 1 – Adoption Chapter 3  - Placement for Adoption and Adoption Orders Section 44: Notice of intention to adopt
134.Section 44 provides that an adoption order may not be made in respect of a child in a non-agency case unless the proposed adopters have given notice of intention to adopt to the appropriate local authority (subsection (2)).  The notice must be given not more than two years or less than three months before the application is made for the adoption order (subsection (3)). The ‘appropriate local authority’ is defined in subsection (9). Where the local authority receive a notice of intention to adopt they must investigate (or make arrangements for this to be done by another agency) and are responsible for preparing a report for the court which includes the suitability of the proposed adopters and any other matters relevant to the operation of section 1(subsections (5) and (6)).  Where a person needs leave to apply for an adoption order under section 42(4) and (5) he cannot give notice of intention to adopt unless he has the court’s leave to make the adoption application (subsection (4)).