Made | 24th March 2005 | ||
Laid before Parliament | 29th March 2005 | ||
Coming into force | 30th December 2005 |
1. | Citation, commencement and interpretation |
2. | Form of entry in the Adopted Children Register |
3. | Registrable foreign adoption |
4. | Persons who may make an application |
5. | Manner of application and prescribed documents and other information |
6. | Part 1 of the Adoption Contact Register |
7. | Part 2 of the Adoption Contact Register |
8. | Notification of link |
9. | Fees |
10. | Particulars required to obtain a certified copy of an entry in the Adopted Children Register relating to a person under the age of 18 |
11. | Application by appropriate adoption agency for information |
12. | Pre-commencement adoptions: application by adopted person aged 18 or over |
13. | Application by adopted person under the age of 18 who intends to marry or form a civil partnership |
14. | Revocations etc. |
SCHEDULE 1— | FORM OF ENTRY IN THE ADOPTED CHILDREN REGISTER (ENGLAND) |
SCHEDULE 2— | FORM OF ENTRY IN THE ADOPTED CHILDREN REGISTER (WALES) |
SCHEDULE 3— | PRESCRIBED NOTICE FOR ENTRY IN PART 1 OF THE ADOPTION CONTACT REGISTER |
SCHEDULE 4— | PRESCRIBED NOTICE FOR ENTRY IN PART 2 OF THE ADOPTION CONTACT REGISTER |
(2) For the purposes of paragraph 3(4) of Schedule 1 to the Act (form of entry in the Adopted Children Register – registrable foreign adoption), the prescribed form of entry—
Registrable foreign adoption
3.
For the the purposes of paragraph 3(5) of Schedule 1 to the Act (meaning of registrable foreign adoption), the prescribed requirement is that at the time the Convention adoption[4] or overseas adoption[5] is effected, the adoptive parent or, in the case of a couple, both adoptive parents, are habitually resident in England or Wales.
Persons who may make an application
4.
For the purposes of paragraph 3(3) of Schedule 1 to the Act (application in relation to a registrable foreign adoption), the prescribed persons are—
Manner of application and prescribed documents and other information
5.
—(1) An application under paragraph 3 of Schedule 1 to the Act (application in relation to registrable foreign adoption) shall be made in writing and signed by the person making the application.
(2) For the purposes of paragraph 3(3) of Schedule 1 to the Act, the prescribed documents and other information are—
(d) subject to paragraph (3), the full name and any previous names of the natural father and natural mother;
(e) subject to paragraph (3), the full name, any previous names, address and occupation of the adoptive parent or parents; and
(f) the capacity in which the person is making the application.
(3) Where the applicant does not have the information specified in sub-paragraphs (c) to (e) of paragraph (2), that person shall state the extent to which such information is not known.
(4) Where any of the above documents or information are not in English or Welsh, the applicant shall provide a translation into English of the application, duly signed and endorsed by the translator with the following particulars—
(2) For the purposes of section 80(2) of the Act, the prescribed notice is the notice set out in Schedule 3.
Part 2 of the Adoption Contact Register
7.
—(1) For the purposes of section 80(4) of the Act (information in Part 2 of the register about relatives of adopted persons), the prescribed information is the full name, address and date of birth of the relative of an adopted person together with the following information—
(2) For the purposes of section 80(4) of the Act, the prescribed notice is the notice set out in Schedule 4.
Notification of link
8.
The Registrar General shall give an adopted person whose name is in Part 1 of the Adoption Contact Register, the name, in writing, of any relative of his whose name is in Part 2 of that Register and who has asked for contact with that adopted person, together with the address at or through which the relative may be contacted[10].
Fees
9.
—(1) The fee payable in respect of the making of an entry in Part 1 of the Adoption Contact Register is £15.
(2) The fee payable in respect of the making of an entry in Part 2 of the Adoption Contact Register is £30.
Application by appropriate adoption agency for information
11.
For the purposes of section 79(5) of the Act[11], an application by an appropriate adoption agency[12] must be made in writing.
Pre-commencement adoptions: application by adopted person aged 18 or over
12.
For the purposes of paragraph 1 of Schedule 2 to the Act[13] the application by the adopted person must be made in writing and signed by him.
Application by adopted person under the age of 18 who intends to marry or form a civil partnership
13.
For the purposes of section 79(7) of the Act[14], the application by the adopted person must be made in writing and signed by him.
(2) The 1975 Regulations shall apply in relation to an adoption order made before 30th December 2005.
(3) The 2003 Regulations shall apply in relation to an adoption order made or adoption effected before the 30th December 2005 where an application has been made before that date pursuant to paragraph 3(1) of Schedule 1 to the Adoption Act 1976[18] (registration of foreign adoptions).
Len Cook
Signed by the Registrar General
24th March 2005
Stephen Timms
Approved and signed by authority of the Chancellor of the Exchequer
24th March 2005
[2] 2002 c.38. In sections 78(3) and 79(9) of, and paragraphs 1 and 3 of Schedule 1 and paragraph 1 of Schedule 2 to, the Act "prescribed" means prescribed by regulations made by the Registrar General with the approval of the Chancellor of the Exchequer and in section 80 "regulations" means regulations made by the Registrar General with the approval of the Chancellor of the Exchequer and "prescribed" means prescribed by such regulations (see section 81(4) of the Act).back
[4] "Convention adoption" is given a meaning by virtue of section 66(1)(c) of the Act.back
[5] See section 87(1) of the Act.back
[8] S.I. 1973/19 amended by S.I. 1993/690.back
[9] See section 81(2) of the Act for the definition of "relative".back
[10] In accordance with section 81(3) of the Act the Registrar General must not give any information entered in the register to any person except in accordance with these Regulations or regulations made under section 64(4)(b) of the Act.back
[11] Regulations made under section 64 of the Act may require adoption agencies to give or seek prescribed information to or from the Registrar General, and may require the Registrar General to disclose to the appropriate adoption agency any information which he requires about any entry relating to an adopted person in the Adoption Contact Register.back
[12] "Appropriate adoption agency" is defined by section 65(1) of the Act.back
[13] Regulations made under section 98 of the Act may confer functions on the Registrar General for the purpose of assisting persons aged over 18 adopted before the appointed day to obtain information in relation to their adoption, and facilitate contact between such persons and their relatives.back
[14] Section 79(7) is amended by the Civil Partnership Act 2004, section 79(1) and (8).back
[18] 1976 c.36. Paragraph 3 was substituted by section 12(3) of the Adoption (Intercountry Aspects) Act 1999 (c.40).back