tal responsibility agreement may be more appropriate, and for foster carers or relatives, special guardianship may be suitable. It will be important to ensure that the child, if of sufficient age and understanding, is aware of what is proposed and is given an opportunity to express a view. 141 Minimum period for child to have home with the applicant 8.49. Section 42(3)-(5) of the Act sets out the minimum period for which the child must have had their home with the prospective adopter before they may apply to the court, with the possibility of an earlier application in some cases if the court gives leave. The notice of intention may be given up to three months before that minimum period has expired, although in this case the protection offered against removal of the child under sections 36-40 of the Act may not apply. Where leave would be required to make the application because the minimum residence period would not be completed, notice cannot be given to the local authority until leave has been granted. 8.50. The relevant residence periods required under section 42 are as follows:  for applications by the child’s own parent – 10 weeks;  for applications by the partner of the child’s parent – 6 months;  for applications by a local authority foster parent – one year;  in any other case – three years (whether continuous or not) during the period of five years immediately preceding the application. The possibility of an application for leave to apply after a shorter period does not apply in the case of partner adoptions. Protection from removal of the child 8.51. Sections 36-40 of the Act (removal of children in non-agency cases) contain detailed provisions restricting the right of a birth parent and others to remove a child from the care of people who have applied, or