Section 6 of the Adoption Act provides that prior approval is not needed where the child is in the home of one of the child's parents and a step-parent of the child or where the child is in the home of a relative of the child. A relative is defined in relation to any child as including a grandparent, brother, sister, uncle, or aunt, whether of the full blood, of the half-blood, or by affinity.
Although both intending parents may have provided genetic material they are not parents of the child unless one of the rules about donors of genetic materials applies. Section s6(4)(c) therefore should not be used in surrogacy situations to sanction placement and, unless the surrogate mother is otherwise a relative of the child, social worker approval for such placements for the purposes of adoption would always be necessary - a child may be in the home of the commissioning parents without approval if they fall within the definition of a relative of the child.