Commentary on Sections Part 1 – Adoption Chapter 3  - Placement for Adoption and Adoption Orders Section 39: Partners of parents
123.Where a partner of a parent has given notice of intention to apply to adopt, the child may only be removed with the leave of the court or by a local authority or person in the exercise of a power conferred by any enactment (other than section 20(8) of the Children Act 1989), or by a parent or guardian of the child (unless the child has lived with the partner of the parent for 3 out of the last 5 years, in which case a parent may not remove the child).  A definition of “partner of a child’s parent” is given in section 144(7).