Made | 13th January 2003 | ||
Coming into operation | 1st June 2003 |
1. | Citation and commencement |
2. | Interpretation |
3. | Application for determination of eligibility, and assessment of suitability, to adopt |
4. | Eligibility requirements and requirement to notify |
5. | Requirement to provide counselling and information |
6. | Procedure in respect of carrying out an assessment |
7. | Adoption panel function |
8. | Adoption agency decision and notification |
9. | Procedure where the prospective adopter is approved by the adoption agency |
10. | Procedure following receipt of the Article 16 report from SOCA |
11. | Duty of adoption agency before the child's arrival in Northern Ireland |
12. | Requirements following the child's arrival in Northern Ireland but no Convention adoption is made in the State of origin |
13. | Duty of prospective adopter to notify HSS trust |
14. | Duty of prospective adopter where a child is placed with him |
15. | Prospective adopter unable to proceed with application to adopt |
16. | Surrender of the child to the relevant HSS trust |
17. | Breakdown of placement |
18. | Convention adoption subject to a probationary period |
19. | Prescribed requirements for the purposes of making a Convention adoption order |
20. | Procedural requirements following a Convention adoption order or Convention adoption - Article 23 of the Convention |
21. | Refusal of a court to make a Convention adoption order |
22. | Annulment of a Convention adoption order or a Convention adoption |
23. | Duty of adoption agency in respect of assessment of a child |
24. | Adoption panel function |
25. | HSS trust decision and notification |
26. | Receipt of Article 15 report from RSCA |
27. | Duty of adoption panel in respect of a proposed placement |
28. | HSS trust decision in respect of a placement |
29. | Preparation of the Article 16 report for RSCA |
30. | Prescribed requirements for the purposes of making a Convention adoption order |
31. | Procedural requirements following a Convention adoption order or Convention adoption - Article 23 of the Convention |
32. | Application, with modifications, of provisions of the 1987 Order |
33. | Application, with modifications, of provisions of the Adoption Agencies Regulations |
34. | Offences |
35. | Transitional provision |
Schedule 1 | Certificate of eligibility and approval |
Schedule 2 | Certificate that the Convention adoption order has been made in accordance with the Convention |
Schedule 3 | Application, with modifications, of provisions of the 1987 Order |
Schedule 4 | Application, with modifications, of the provisions of the Adoption Agencies Regulations |
(2) The adoption agency must notify a prospective adopter in writing as soon as possible after becoming aware that he is not eligible to adopt because he does not meet the requirements of paragraph (1).
Requirement to provide counselling and information
5.
- (1) Subject to paragraph (2), where an application is made in accordance with regulation 3, the adoption agency must-
(2) Paragraph (1) does not apply if the adoption agency is satisfied that the requirements set out in paragraph (1) have been carried out in respect of the prospective adopter by another adoption agency.
Procedure in respect of carrying out an assessment
6.
- (1) Where, following the procedures referred to in paragraph (1) of regulation 5, and subject to paragraph (1) of regulation 4, the adoption agency is satisfied that the prospective adopter is eligible to adopt and considers he may be suitable to be an adoptive parent it must set up a case record in respect of him and place on it any information obtained under this regulation.
(2) The adoption agency must obtain such particulars as are referred to in Part VI of the Schedule to the Adoption Agencies Regulations together with, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel.
(3) The adoption agency must obtain a written report-
and in a case where the adoption agency is not the HSS trust in whose area the prospective adopter has his home, it must also obtain a written report about him from the relevant HSS trust.
(4) The adoption agency must prepare a written report which must-
(5) The adoption agency must notify the prospective adopter that his application is to be referred to the adoption panel and at the same time send him a copy of the adoption agency's report referred to in paragraph (4), inviting him to send any observations in writing to the adoption agency on the report within 28 days, beginning on the date on which the notification was sent.
(6) At the end of the period of 28 days referred to in paragraph (5) (or earlier if any observations made by the prospective adopter are received before the 28 days has expired), the adoption agency must pass the report referred to in paragraph (4), together with all relevant information obtained by it under this regulation (including the prospective adopter's observations on the report), to the adoption panel.
Adoption panel function
7.
- (1) Subject to paragraph (2), the adoption panel must consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to the adoption agency as to whether the prospective adopter is suitable to be an adoptive parent.
(2) In considering what recommendation to make, the adoption panel-
Adoption agency decision and notification
8.
- (1) The adoption agency must take into account the recommendation of the adoption panel in coming to a decision about whether the prospective adopter is suitable to be an adoptive parent.
(2) No member of an adoption panel shall take part in any decision made by the adoption agency under paragraph (1).
(3) If the adoption agency decides to approve the prospective adopter as suitable to be an adoptive parent, it must notify him in writing of its decision.
(4) If the adoption agency considers that the prospective adopter is not suitable to be an adoptive parent, it must-
(5) If within the period of 28 days referred to in paragraph (4), the prospective adopter has not made any representation, the adoption agency may proceed to make its decision and shall notify the prospective adopter in writing of its decision together with the reasons for that decision.
(6) If within the period of 28 days referred to in paragraph (4), the adoption agency receives further representation from the prospective adopter, it may refer the case together with all the relevant information to its adoption panel for further consideration.
(7) The adoption panel must reconsider any case referred to it under paragraph (6) and make a fresh recommendation to the adoption agency as to whether the prospective adopter is suitable to be an adoptive parent.
(8) The adoption agency must make a decision on the case but if the case has been referred to the adoption panel under paragraph (6) it must make the decision only after taking into account any recommendation of the adoption panel made under paragraph (7).
(9) As soon as possible after making the decision under paragraph (8), the adoption agency must notify the prospective adopter in writing of its decision, stating its reasons for that decision if it does not consider the prospective adopter to be suitable to be an adoptive parent, and of the adoption panel's recommendations, if different from the adoption agency's decision.
Procedure where the prospective adopter is approved by the adoption agency
9.
- (1) Where the adoption agency is satisfied that the prospective adopter is eligible to adopt and has approved him as suitable to be an adoptive parent ("its decision") it must send to the Central Authority-
(2) The Central Authority may seek further information from the adoption agency, if the Central Authority considers it is appropriate to do so.
(3) If the Central Authority is satisfied that the adoption agency has complied with these Regulations and that all the relevant information has been supplied by that adoption agency, the Central Authority must send to SOCA-
(b) a copy of the decision; and
(c) a copy of the report prepared for the purpose of regulation 6(4).
(4) The Central Authority must notify the adoption agency and the prospective adopter in writing that the certificate and the documents referred to in paragraph (3) have been sent to SOCA.
Procedure following receipt of the Article 16 report from SOCA
10.
- (1) Where the Central Authority receives, from SOCA, the Article 16[12] report and other information specified in Article 16(2)[13] of the Convention ("the documents"), relating to the child whom SOCA considers should be placed for adoption with the prospective adopter, the Central Authority must send the Article 16 report and the documents to the adoption agency.
(2) The adoption agency must consider the Article 16 report and the documents and-
(3) Where-
the adoption agency must notify the Central Authority that the requirements specified in sub-paragraphs (a) to (c) have been satisfied and, at the same time, must confirm that it is content that the adoption should proceed.
(4) Where the Central Authority has received notification from the adoption agency under paragraph (3), the Central Authority must-
(b) confirm to SOCA that-
(5) The Central Authority must inform the adoption agency and the prospective adopter when the agreement under Article 17(c)[14] of the Convention has been made.
(6) If, at any stage before the agreement under Article 17(c) of the Convention is made, SOCA notifies the Central Authority that it has decided that the proposed placement should not proceed, the Central Authority must inform the adoption agency of SOCA's decision and the adoption agency must then inform the prospective adopter and return the Article 16 report and the documents referred to in regulation 10(2)(a) to the Central Authority who must then return them to SOCA.
(7) If, at any stage before the child is placed with him, the prospective adopter notifies the adoption agency that he does not wish to proceed with the adoption of the child, the adoption agency must inform the Central Authority and return the Article 16 report and the documents to the Central Authority who must in turn notify SOCA of the prospective adopter's decision and return the Article 16 report and the documents to SOCA.
(8) Following any agreement under Article 17(c) of the Convention and the placement of the child by the adoption agency with the prospective adopter, the prospective adopter must accompany the child on entering the United Kingdom.
Duty of adoption agency before the child's arrival in Northern Ireland
11.
Where the adoption agency is informed by the Central Authority that the agreement under Article 17(c) of the Convention has been made and the adoption may proceed, the adoption agency must-
together with particulars of the placement;
(b) in a case where the adoption agency is not the HSS trust within whose area the prospective adopter has his home, notify that HSS trust of the particulars of the placement; and
(c) notify the Education and Library Board within whose area the prospective adopter has his home in writing of the particulars of the placement if the child is of compulsory school age within the meaning of Article 46 of the Education and Libraries (Northern Ireland) Order 1986[15] or if the adoption agency's medical adviser[16] considers the child to have special needs or to be disabled.
Requirements following the child's arrival in Northern Ireland but no Convention adoption is made in the State of origin
12.
Regulations 13 to 17 apply where, following agreement between the Central Authority and SOCA under Article 17(c) of the Convention that the adoption may proceed, no Convention adoption is made or applied for in the State of origin but the child is placed with the prospective adopter in the State of origin and he then returns to Northern Ireland with the child.
Duty of prospective adopter to notify HSS trust
13.
A prospective adopter to whom regulation 12 applies must within the period of fourteen days beginning with the date on which he brings the child into the United Kingdom give notice to the HSS trust within whose area he has his home ("the relevant HSS trust") of-
Duty of prospective adopter where a child is placed with him
14.
- (1) The prospective adopter with whom the child is placed is not required to allow the child to visit or stay with any person, or otherwise to allow contact between the child and any person, except under a contact order.
(2) Subject to paragraphs (3) and (4), the prospective adopter may not cause or permit-
unless the court gives leave or the relevant HSS trust agrees.
(3) Paragraph (2)(a) does not apply if the competent authority of the State of origin has agreed that the child may be known by a new surname.
(4) Paragraph (2)(b) does not apply if the removal of the child is for a period of less than one month by the prospective adopter.
Prospective adopter unable to proceed with application to adopt
15.
Where the child is placed with the prospective adopter or regulation 18 applies and the prospective adopter gives notice to the relevant HSS trust that he does not wish to proceed with the adoption and no longer wishes to give the child a home, the relevant HSS trust must-
Surrender of the child to the relevant HSS trust
16.
- (1) Subject to paragraph (4), where the child is placed with the prospective adopter or regulation 18 applies and the relevant HSS trust is of the opinion that-
the relevant HSS trust must give notice to the prospective adopter of its opinion and require him to surrender the child to it.
(2) The prospective adopter must, not later than the end of the period of 7 days beginning with the giving of notice, surrender the child to the HSS trust.
(3) Where the relevant HSS trust gives notice under paragraph (1), it must also give notice to the Central Authority that it has required the prospective adopter to surrender the child to it.
(4) Where a notice under paragraph (1) is given, but-
the prospective adopter is not required by virtue of the notice to surrender the child to the HSS trust unless the court so orders.
(5) This regulation does not affect the exercise by any HSS trust or other person of any power conferred by any statutory provision or the exercise of any power of arrest.
Breakdown of placement
17.
- (1) This regulation applies where-
(2) Where the relevant HSS trust is satisfied that it would be in the child's best interests to be placed for adoption with another prospective adopter habitually resident in the United Kingdom they must seek to identify a suitable adoptive parent for the child.
(3) Where the relevant HSS trust has identified another prospective adopter who is eligible to adopt and has been assessed in accordance with these Regulations and approved as suitable to be an adoptive parent in accordance with regulations 3 to 8-
(b) the requirements specified in regulation 9(1) shall apply in respect of that prospective adopter.
(4) Where the Central Authority has been notified in accordance with paragraph (3)-
(5) Where the relevant HSS trust is not satisfied that it would be in the child's best interests to be placed for adoption with another prospective adopter in Northern Ireland, it must liaise with the Central Authority to arrange for the return of the child to his State of origin.
(6) Before coming to any decision under this regulation, the relevant HSS trust must have regard to the wishes and feelings of the child, having regard to his age and understanding and, where appropriate, obtain his consent in relation to measures to be taken under this regulation.
Convention adoption subject to a probationary period
18.
- (1) This regulation applies where-
(2) The relevant HSS trust must, if requested by the competent authority of the State of origin, submit a report about the placement to that competent authority and such a report must be prepared within such a timescale and must contain such information as the competent authority may reasonably require.
Prescribed requirements for the purposes of making a Convention adoption order
19.
- (1) For the purposes of Article 16A of the 1987 Order[18] (requirements in respect of adoption order made as a Convention adoption order), the prescribed requirements are, in the case where the United Kingdom is the receiving State-
Procedural requirements following a Convention adoption order or Convention adoption - Article 23 of the Convention
20.
- (1) Where a Convention adoption order is made, the court must send a copy of that adoption order to the Central Authority.
(2) On receipt of an adoption order under paragraph (1), the Central Authority must issue a certificate in the form set out in Schedule 2 certifying that the adoption has been made in accordance with the Convention.
(3) A copy of the certificate issued under paragraph (2) must be sent to-
(4) Where the Central Authority receives a certificate under Article 23[20] of the Convention in respect of a Convention adoption made in that Convention country, the Central Authority must send a copy of that certificate to-
Refusal of a court to make a Convention adoption order
21.
- (1) Where an application for a Convention adoption order is refused by the court or is withdrawn, the relevant HSS trust must decide on a plan for the child's permanent care.
(2) Before coming to any decision under paragraph (1), the relevant HSS trust must have regard to the wishes and feelings of the child, having regard to his age and understanding and, where appropriate, obtain his consent in relation to measures to be taken.
(3) If the court so orders, the prospective adopter must surrender the child to the relevant HSS trust within the period determined by the court for the purpose.
Annulment of a Convention adoption order or a Convention adoption
22.
Where a Convention adoption order or a Convention adoption is annulled under Article 55A of the 1987 Order, the court must send a copy of the order to-
(b) the child is free for adoption by virtue of an order made under Article 17(1) or 18(1) of the1987 Order, section 18 of the Adoption Act 1976[21] or section 18 of the Adoption (Scotland) Act 1978[22].
(2) Subject to paragraph (3), the HSS trust must refer the case of the child to the adoption panel together with-
(3) A HSS trust may not refer the case of the child to the adoption panel under paragraph (2) unless:
Adoption panel function
24.
- (1) The adoption panel must consider the case of the child and make a recommendation to the HSS trust as to whether adoption by a person habitually resident in a Convention country outside the British Islands is in the best interests of the child.
(2) In considering what recommendation to make, the panel must have regard to the duties imposed upon the HSS trust by Article 9 of the 1987 Order (duty to promote welfare of the child) and-
HSS trust decision and notification
25.
- (1) The HSS trust must make a decision on the matter referred to the adoption panel under regulation 23(2) only after taking into account the recommendation of the adoption panel.
(2) No member of an adoption panel shall take part in any decision made by the HSS trust under paragraph (1).
(3) The HSS trust must notify the Central Authority of-
(4) The Central Authority is to maintain a list of children of whom it is notified under paragraph (3) and shall make the contents of that list available for consultation by other Central Authorities within the British Islands.
(5) Where a HSS trust-
it must notify the Central Authority accordingly and the Central Authority must remove the details relating to that child from the Convention list.
(6) In this regulation and regulation 26, "Convention list" means-
Receipt of Article 15 report from RSCA
26.
- (1) This regulation applies where-
(2) If the Central Authority is satisfied that the Convention prospective adopter meets the requirements-
the Central Authority must consult the Convention list and may, if the Central Authority considers it appropriate, consult any Convention list maintained by another Central Authority within the British Islands.
(3) The Central Authority may pass a copy of the Article 15 report to any other Central Authority within the British Islands for the purpose of enabling that Central Authority to consult its Convention list.
(4) Where the Central Authority identifies a child on the Convention list who may be suitable to be adopted by the Convention prospective adopter, the Central Authority must send the Article 15 report to the HSS trust which referred the child's details to the Central Authority.
(5) The HSS trust must consider the Article 15 report and, where it considers that it may be appropriate to place the child for adoption with the Convention prospective adopter, it must refer the proposed placement for adoption to the adoption panel together with-
Duty of adoption panel in respect of a proposed placement
27.
- (1) The adoption panel must consider the proposed placement referred to it by the HSS trust under regulation 23(2) and make a recommendation to the HSS trust as to whether-
(2) In considering what recommendation to make under paragraph (1), the adoption panel-
HSS trust decision in respect of a placement
28.
- (1) The HSS trust must make a decision about the proposed placement only after having taken into account the recommendations of the adoption panel.
(2) No member of an adoption panel shall take part in any decision made by the HSS trust under paragraph (1).
Preparation of the Article 16 report for RSCA
29.
- (1) Where the HSS trust decides under regulation 28 that the proposed placement is in the best interests of the child and the adoption may proceed, it must prepare a report for the purposes of Article 16(1) of the Convention ("the Article 16 report") which must include-
(2) The HSS trust must send the Article 16 report to the Central Authority together with-
(3) The Central Authority must send the Article 16 report and other information referred to in paragraph (2) to the RSCA.
(4) The Central Authority may notify the RSCA that it is prepared to agree that the adoption may proceed provided that the RSCA has confirmed that-
(5) Subject to paragraph (7), the Central Authority may not make an agreement under Article 17(c) of the Convention with the RSCA unless the HSS trust has confirmed to the Central Authority that-
(6) A HSS trust may not place a child for adoption with a Convention prospective adopter unless the agreement under Article 17(c) of the Convention has been made and the Central Authority has advised the HSS trust that the agreement has been made.
(7) In paragraph (5), "Convention prospective adopter" means, in the case where the Convention prospective adopters are a married couple, both of them.
Prescribed requirements for the purposes of making a Convention adoption order
30.
For the purposes of Article 16A[24] of the 1987 Order (Convention adoption orders), the prescribed requirements are in the case where the United Kingdom is the State of origin-
Procedural requirements following a Convention adoption order or Convention adoption - Article 23 of the Convention
31.
- (1) Where a Convention adoption order is made, the court must send a copy of that order to the Central Authority.
(2) On receipt of an order under paragraph (1), the Central Authority must issue a certificate in the form set out in Schedule 2 certifying that the Convention adoption order has been made in accordance with the Convention.
(3) A copy of the certificate must be sent to-
(4) Where the Central Authority receives a certification of the adoption having been made in accordance with the Convention from the RSCA, the Central Authority must send a copy of that certification to the HSS trust.
without reasonable excuse, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
Transitional provision
35.
- (1) These regulations shall not apply in relation to the case of any prospective adopter who wishes to adopt a child from a Convention country outside the British Islands which has been referred by the adoption agency (dealing with the case) to the adoption panel before the date these regulations come into operation.
(2) No application may be made for a Convention adoption order under Article 16A of the 1987 Order unless the arrangements for the adoption of the child have been made in accordance with these Regulations.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
13th January 2003.
L.S.
L. Frew
Senior Officer of the Department of Health, Social Services and Public Safety
Signed . . . . . . . . . . . . . . . . . . . . Dated . . . . . . . . . . .
On behalf of the Department of Health,
Social Services and Public Safety
Central Authority for Northern Ireland
2.
The competent authority for Northern Ireland in pursuance of Article 23(1) of the Convention hereby certifies that the adoption was made in accordance with the Convention and that the agreements under Article 17(c) were given by:
Signed . . . . . . . . . . . . . . . . . . . . . . . . Dated . . . . . . . . . . . . . . . . . . . . . . . .
Column 1 | Column 2 |
Provisions of the 1987 Order | Modifications (if any) |
Article 12 (adoption orders) |
As if at the beginning of paragraphs (5) and (7) there were inserted the words "Subject to paragraph (8),". As if there were inserted at the end "(8) An adoption order may not be made in relation to a person who has attained the age of 19 years". |
Article 16 (parental agreement) | As if for paragraph (1) there were substituted "A convention adoption order shall not be made unless an agreement under Article 17(c) of the Convention has been made in respect of the child" and paragraphs (2) to (5) were omitted. |
Article 22 (notification to Board or HSS trust of adoption application, where child not placed by adoption agency) | As if the words in paragraph (1) "not placed with the applicant by an adoption agency" there were substituted "entrusted to the applicants by a competent authority within the meaning of Article 17 of the Convention". |
Article 28 (restrictions on removal where adoption agreed) | As if for paragraph (1) there were substituted "Where an application for a Convention adoption order is pending the parent or guardian is not entitled to remove the child from the home of the applicant except with the leave of the court.", paragraphs (2) and (2A) were omitted, and in paragraph (3) "or (2)" were omitted. |
Article 31 (return of children placed for adoption by adoption agencies) | As if Article 31 were omitted. |
Article 32 (application of Article 31 where child not placed for adoption) | As if Article 32 were omitted. |
Column 1 | Column 2 |
Provisions of the Adoption Agencies Regulations | Modifications (if any) |
Regulation 7 | In relation to a case where the United Kingdom is the receiving State, as if regulation 7 were omitted. |
Regulations 8 to 12 | As if regulations 8 to 12 were omitted. |
Regulation 14 |
As if in paragraph (2) the words-
(ii) "these regulations" were substituted by the words "those regulations". |
[2] 2001 c. 11 (N.I.). Section 1 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 enables the Department to make regulations to give effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29 May 1993back
[3] Article 16A was inserted by Section 3 of 2001 c. 11 (N.I.)back
[4] S.I. 1987/2203 (N.I. 22) - as amended by S.I. 1994/429 (N.I. 2), S.I. 1995/755 (N.I. 2) and 2001 c.11 (N.I.)back
[5] S.R. 1989 No. 253; relevant amending Regulations are S.R. 1994 No. 65back
[6] See section 2(3) of the Actback
[7] Under Section 2(1) of the 2001 Act, the functions under the Convention of the Central Authority are to be discharged in Northern Ireland by the Department of Health, Social Services and Public Safetyback
[8] S.I. 1995/755 (N.I. 2)back
[9] S.I. 1986/594 (N.I. 3)back
[11] SI 1972/1265 (N.I. 14)back
[12] Article 16(1) provides for SOCA to prepare a report which includes information about the child's identity, adoptability, background, social environment, family history, medical history including that of the child's family, and any special needs of the child; and other specified considerations relating to the childback
[13] Article 16(2) provides for proof that the necessary consents have been obtained and the reasons for SOCA's determination on the placementback
[14] Article 17 sets out the conditions which must be satisfied before a decision may be made by the State of origin that a child may be placed with prospective adopters. The condition at 17(c) is that the Central Authority of the State of origin and the receiving State have agreed that the adoption may proceedback
[15] S.I. 1986/594 (N.I. 3) - Article 46 was substituted by Article 156 of S.I. 1989/2406 (N.I. 20)back
[16] See Regulation 6(4) of the Adoption Agencies Regulationsback
[17] Article 55A was inserted by section 5 of the 2001 Actback
[18] Article 16A of the 1987 Order was inserted by section 3 of the 2001 Actback
[20] Article 23 provides that an adoption certificate certified by the competent authority of the State as having been made in accordance with the Convention shall be recognised by other contracting States. The certificate shall certify when and by whom the agreement that the adoption could proceed was givenback
[23] Article 15 provides for the RSCA, if satisfied that the applicants are eligible and suitable to adopt, to prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the child for whom they would be qualified to careback
[24] Article 16A of the 1987 Order was inserted by section 3 of the 2001 Actback