Made | 24th February 2005 | ||
Laid before Parliament | 2nd March 2005 | ||
Coming into force | 30th December 2005 |
1. | Citation, commencement and application |
2. | Interpretation |
3. | Requirements applicable in respect of bringing or causing a child to be brought into the United Kingdom |
4. | Conditions applicable in respect of a child brought into the United Kingdom |
5. | Functions imposed on the local authority |
6. | Application of Chapter 3 of the Act |
7. | Change of name and removal from the United Kingdom |
8. | Return of the child |
9. | Child to live with adopters before application |
10. | Requirements applicable in respect of giving parental responsibility prior to adoption abroad |
11. | Application of the Act in respect of orders under section 84 |
12. | Application of Chapter 1 |
13. | Requirements applicable in respect of eligibility and suitability |
14. | Counselling and information |
15. | Procedure in respect of carrying out an assessment |
16 | Adoption agency decision and notification |
17 | Review and termination of approval |
18 | Procedure following decision as to suitability to adopt |
19 | Procedure following receipt of the Article 16 Information from the CA of the State of origin |
20 | Procedure where proposed adoption is not to proceed |
21 | Applicable requirements in respect of prospective adopter entering the United Kingdom with a child |
22. | Applicable requirements in respect of an adoption agency before the child enters the United Kingdom |
23. | Applicable provisions following the child's entry into the United Kingdom where no Convention adoption is made |
24. | Applicable requirements in respect of prospective adopter following child's entry into the United Kingdom |
25. | Functions imposed on the local authority following the child's entry into the United Kingdom |
26. | Prospective adopter unable to proceed with adoption |
27. | Withdrawal of child from prospective adopter |
28. | Breakdown of placement |
29. | Convention adoptions subject to a probationary period |
30. | Report of local authority investigation |
31. | Convention adoption order |
32. | Requirements following a Convention adoption order or Convention adoption |
33. | Refusal of a court in England or Wales to make a Convention adoption order |
34. | Annulment of a Convention adoption order or a Convention adoption |
35. | Application of Chapter 2 |
36. | Counselling and information for the child |
37. | Counselling and information for the parent or guardian of the child etc. |
38. | Requirements in respect of the child's permanence report and information for the adoption panel |
39. | Recommendation of adoption panel |
40. | Adoption agency decision and notification |
41. | Convention list |
42. | Receipt of the Article 15 Report from the CA of the receiving State |
43. | Proposed placement and referral to adoption panel |
44. | Consideration by adoption panel |
45. | Adoption agency's decision in relation to the proposed placement |
46. | Preparation of the Article 16 Information |
47. | Requirements to be met before the child is placed for adoption with prospective adopter |
48. | Requirements in respect of giving parental responsibility prior to a proposed Convention adoption |
49. | Local authority report |
50. | Convention adoption order |
51. | Requirements following a Convention adoption order or Convention adoption |
52. | Application, with or without modifications, of the Act |
53. | Change of name and removal from the United Kingdom |
54. | Removal of children |
55. | Modifications of the Act in respect of orders under section 84 where child is to be adopted under the Convention |
56. | Child to live with adopters before application for a Convention adoption order |
57. | Notice of intention to adopt |
58. | Application for Convention adoption order |
59. | Offences |
SCHEDULE 1 | CERTIFICATE OF ELIGIBILITY AND APPROVAL |
SCHEDULE 2 | CERTIFICATE THAT THE CONVENTION ADOPTION ORDER HAS BEEN MADE IN ACCORDANCE WITH THE CONVENTION |
(d) in Chapter 2 of Part 3 in relation to a local authority in -
Conditions applicable in respect of a child brought into the United Kingdom
4.
- (1) This regulation prescribes the conditions for the purposes of section 83(5) of the Act in respect of a child brought into the United Kingdom in circumstances where section 83 applies[9].
(2) Prior to the child's entry into the United Kingdom, the prospective adopter must -
(b) before visiting the child in the State of origin -
(c) visit the child in the State of origin (and where the prospective adopters are a couple each of them); and
(d) after that visit -
(3) The prospective adopter must accompany the child on entering the United Kingdom unless, in the case of a couple, the adoption agency and the relevant foreign authority have agreed that it is necessary for only one of them to do so.
(4) Except where an overseas adoption is or is to be effected, the prospective adopter must within the period of 14 days beginning with the date on which the child is brought into the United Kingdom give notice to the relevant local authority -
(5) In a case where a prospective adopter has given notice in accordance with paragraph (4) and subsequently moves his home into the area of another local authority, he must within 14 days of that move confirm in writing to that authority, the child's entry into the United Kingdom and that notice of his intention -
has been given.
Functions imposed on the local authority
5.
- (1) Where notice of intention to adopt has been given to the local authority, that authority must -
(b) send the prospective adopter's general practitioner written notification of the arrival in England or Wales of the child and send with that notification a written report of the child's health history and current state of health, so far as is known;
(c) send to the Primary Care Trust or Local Health Board (Wales), in whose area the prospective adopter has his home, written notification of the arrival in England or Wales of the child;
(d) where the child is of compulsory school age, send to the local education authority, in whose area the prospective adopter has his home, written notification of the arrival of the child in England or Wales and information, if known, about the child's educational history and whether he is likely to be assessed for special educational needs under the Education Act 1996[11];
(e) ensure that the child and the prospective adopter are visited within one week of receipt of the notice of intention to adopt and thereafter not less than once a week until the review referred to in sub-paragraph (f) and thereafter at such frequency as the authority may decide;
(f) carry out a review of the child's case not more than 4 weeks after receipt of the notice of intention to adopt and -
unless the child no longer has his home with the prospective adopter or an adoption order is made;
(h) ensure that -
(2) Part 7 of the Agencies Regulations or corresponding Welsh provision (case records) shall apply to the case record set up in respect of the child as a consequence of this regulation as if that record had been set up under the Agencies Regulations or corresponding Welsh provision.
(3) In a case where the prospective adopter fails to make an application under section 50 or 51 of the Act within two years of the receipt by a local authority of the notice of intention to adopt the local authority must review the case.
(4) For the purposes of the review referred to in paragraph (3), the local authority must consider -
(5) In a case where the local authority to which notice of intention to adopt is given ("the original authority") is notified by the prospective adopter that he intends to move or has moved his home into the area of another local authority, the original authority must notify the local authority into whose area the prospective adopter intends to move or has moved, within 14 days of receiving information in respect of that move, of -
Application of Chapter 3 of the Act
6.
In the case of a child brought into the United Kingdom for adoption in circumstances where section 83 of the Act applies -
Change of name and removal from the United Kingdom
7.
Section 28(2) of the Act (further consequences of placement) shall apply as if from the words "is placed" to "then", there is substituted "enters the United Kingdom in the circumstances where section 83(1)(a) of this Act applies".
Return of the child
8.
- (1) Section 35 of the Act (return of child) shall apply with the following modifications.
(2) Subsections (1), (2) and (3) shall apply as if in each place where -
(3) Subsection (5) shall apply as if for the words "an adoption agency" or "the agency" there were substituted the words "the local authority".
Child to live with adopters before application
9.
- (1) In a case where the requirements imposed by section 83(4) of the Act have been complied with and the conditions required by section 83(5) of the Act have been met, section 42 shall apply as if -
(2) In a case where the requirements imposed by section 83(4) of the Act have not been complied with or the conditions required by section 83(5) have not been met, section 42 shall apply as if -
(b) in the case of a child placed by an adoption agency the relevant foreign authority has -
(c) in the case of a child placed by an adoption agency the prospective adopter has confirmed in writing to the adoption agency that he will accompany the child on taking him out of the United Kingdom and entering the country or territory where the adoption is to be effected, or in the case of a couple, the agency and relevant foreign authority have confirmed that it is necessary for only one of them to do so.
Application of the Act in respect of orders under section 84
11.
- (1) The following provisions of the Act which refer to adoption orders shall apply to orders under section 84 as if in each place where the words "adoption order" appear there were substituted "order under section 84" -
(2) Section 35(5) of the Act (return of child in other cases) shall apply to orders under section 84 of that Act as if in paragraph (b) of that subsection -
(2) An adoption agency may not consider an application under paragraph (1) unless at the date of that application -
(b) in the case of an application by one person, he has -
Counselling and information
14.
- (1) An adoption agency must provide a counselling service in accordance with regulation 21(1)(a) of the Agencies Regulations or corresponding Welsh provision and must -
(2) Paragraph (1) does not apply if the adoption agency is satisfied that the requirements set out in that paragraph have been carried out in respect of the prospective adopter by another agency.
Procedure in respect of carrying out an assessment
15.
- (1) Regulation 22 of the Agencies Regulations (requirement to consider application for an assessment of suitability) or corresponding Welsh provision shall apply as if the reference to an application in those Regulations or corresponding Welsh provision was to an application made in accordance with regulation 13.
(2) Where the adoption agency is satisfied that the requirements in -
have been meet, regulations 25 (prospective adopter's report) and 26 (adoption panel) of the Agencies Regulations or corresponding Welsh provisions shall apply.
(3) The adoption agency must place on the prospective adopter's case record any information obtained as a consequence of this Chapter[13].
(4) The adoption agency must include in the prospective adopter's report -
(5) The references to information in regulations 25(5) and 26(2) of the Agencies Regulations or corresponding Welsh provisions shall include information obtained by the adoption agency or adoption panel as a consequence of this regulation.
Adoption agency decision and notification
16.
The adoption agency must make a decision about whether the prospective adopter is suitable to adopt a child in accordance with regulation 27 of the Agencies Regulations and regulations made under section 45 of the Act, or corresponding Welsh provisions.
Review and termination of approval
17.
The adoption agency must review the approval of each prospective adopter in accordance with regulation 29 of the Agencies Regulations or corresponding Welsh provision unless the agency has received written notification from the relevant Central Authority that the agreement under Article 17(c) of the Convention[14] has been made.
Procedure following decision as to suitability to adopt
18.
- (1) Where an adoption agency has made a decision that the prospective adopter is suitable to adopt a child in accordance with regulation 16, it must send to the relevant Central Authority -
(2) If the relevant Central Authority is satisfied that the adoption agency has complied with the duties and procedures imposed by the Agencies Regulations or corresponding Welsh provision, and that all the relevant information has been supplied by that agency, the Authority must send to the CA of the State of origin -
(3) The relevant Central Authority must notify the adoption agency and the prospective adopter in writing that the certificate and the documents referred to in paragraph (2) have been sent to the CA of the State of origin.
Procedure following receipt of the Article 16 Information from the CA of the State of origin
19.
- (1) Where the relevant Central Authority receives from the CA of the State of origin, the Article 16 Information relating to the child whom the CA of the State of origin considers should be placed for adoption with the prospective adopter, the relevant Central Authority must send that Information to the adoption agency.
(2) The adoption agency must consider the Article 16 Information and -
(c) if appropriate, offer a counselling service and further information as required.
(3) Where -
the agency must notify the relevant Central Authority in writing that the requirements specified in sub-paragraphs (a) to (c) have been satisfied and at the same time it must confirm that it is content for the adoption to proceed.
(4) Where the relevant Central Authority has received notification from the adoption agency under paragraph (3), the relevant Central Authority shall -
(b) confirm to the CA of the State of origin that -
(5) The relevant Central Authority must inform the adoption agency and the prospective adopter when the agreement under Article 17(c) of the Convention has been made.
(6) For the purposes of this regulation and regulation 20 "the Article 16 Information" means -
Procedure where proposed adoption is not to proceed
20.
- (1) If, at any stage before the agreement under Article 17(c) of the Convention is made, the CA of the State of origin notifies the relevant Central Authority that it has decided the proposed placement should not proceed -
(2) Where at any stage before the adoption agency receives notification of the agreement under Article 17(c) of the Convention the approval of the prospective adopter is reviewed under regulation 29 of the Agencies Regulations or corresponding Welsh provision, and as a consequence, the agency determines that the prospective adopter is no longer suitable to adopt a child -
(3) 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 -
Applicable requirements in respect of prospective adopter entering the United Kingdom with a child
21.
Following any agreement under Article 17(c) of the Convention, the prospective adopter must -
Applicable requirements in respect of an adoption agency before the child enters the United Kingdom
22.
Where the adoption agency is informed by the relevant Central Authority that the agreement under Article 17(c) of the Convention has been made and the adoption may proceed, before the child enters the United Kingdom that agency must -
Applicable provisions following the child's entry into the United Kingdom where no Convention adoption is made
23.
Regulations 24 to 27 apply where -
Applicable requirements in respect of prospective adopter following child's entry into the United Kingdom
24.
- (1) A prospective adopter must within the period of 14 days beginning with the date on which the child enters the United Kingdom give notice to the relevant local authority -
(2) In a case where a prospective adopter has given notice in accordance with paragraph (1) and he subsequently moves his home into the area of another local authority, he must within 14 days of that move confirm to that authority in writing the child's entry into the United Kingdom and that notice of his intention -
has been given.
Functions imposed on the local authority following the child's entry into the United Kingdom
25.
- (1) Where notice is given to a local authority in accordance with regulation 24, the functions imposed on the local authority by virtue of regulation 5 shall apply subject to the modifications in paragraph (2).
(2) Paragraph (1) of regulation 5 shall apply as if -
(b) sub-paragraphs (b) to (d) were omitted.
Prospective adopter unable to proceed with adoption
26.
Where the prospective adopter gives notice to the relevant local authority that he does not wish to proceed with the adoption and no longer wishes to give the child a home, that authority must -
Withdrawal of child from prospective adopter
27.
- (1) Where the relevant local authority are of the opinion that the continued placement of the child is not in the child's best interests -
(2) Where the relevant local authority has given notice under paragraph (1), that authority must at the same time notify the relevant Central Authority that they have requested the return of the child.
(3) Where notice is given under paragraph (1) but -
the prospective adopter is not required by virtue of paragraph (1) to return the child unless the court so orders.
(4) This regulation does not affect the exercise by any local authority or other person of any power conferred by any enactment or the exercise of any power of arrest.
Breakdown of placement
28.
- (1) This regulation applies where -
(2) Where the relevant local authority are 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 take the necessary measures to identify a suitable adoptive parent for that child.
(3) Where the relevant local authority have identified and approved another prospective adopter who is eligible, and has been assessed as suitable, to adopt in accordance with these Regulations -
(b) the requirements specified in regulations 18 and 19 have been complied with.
(4) Where the relevant Central Authority has been notified in accordance with paragraph (3)(a) -
(5) Subject to paragraph (2), where the relevant local authority is not satisfied it would be in the child's best interests to be placed for adoption with another prospective adopter in England or Wales, it must liaise with the relevant 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 local authority 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 adoptions subject to a probationary period
29.
- (1) This regulation applies where -
(2) The relevant local authority must, if requested by the competent authority of the State of origin, submit a report about the placement to that authority and such a report must be prepared within such timescales and contain such information as the competent authority may reasonably require.
Report of local authority investigation
30.
The report of the investigation which a local authority must submit to the court in accordance with section 44(5) of the Act must include -
Convention adoption order
31.
An adoption order shall not be made as a Convention adoption order unless -
(b) the child to be adopted was, on the date on which the agreement under Article 17(c) of the Convention was made, habitually resident in a Convention country outside the British Islands; and
(c) in a case where one member of a couple (in the case of an application by a couple) or the applicant (in the case of an application by one person) is not a British citizen, the Home Office has confirmed that the child is authorised to enter and reside permanently in the United Kingdom.
Requirements following a Convention adoption order or Convention adoption
32.
- (1) Where the relevant Central Authority receives a copy of a Convention adoption order made by a court in England or Wales that 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.
(2) A copy of the certificate issued under paragraph (1) must be sent to the -
(3) Where a Convention adoption is made and the relevant Central Authority receives a certificate under Article 23[18] of the Convention in respect of that Convention adoption, the relevant Central Authority must send a copy of that certificate to the -
Refusal of a court in England or Wales to make a Convention adoption order
33.
Where an application for a Convention adoption order is refused by the court or is withdrawn, the prospective adopter must return the child to the relevant local authority within the period determined by the court.
Annulment of a Convention adoption order or a Convention adoption
34.
Where a Convention adoption order or a Convention adoption is annulled under section 89(1) of the Act and the relevant Central Authority receives a copy of the order from the court, it must forward a copy of that order to the CA of the State of origin.
(2) Paragraph (1) does not apply if the adoption agency is satisfied that the requirements set out in that paragraph have been carried out in respect of the prospective adopter by another agency.
Counselling and information for the parent or guardian of the child etc.
37.
- (1) An adoption agency must provide a counselling service and information in accordance with regulation 14 of the Agencies Regulations or corresponding Welsh provision for the parent or guardian of the child and, where regulation 14(4) of the Agencies Regulations or corresponding Welsh provision applies, for the father.
(2) The adoption agency must also -
(3) Paragraphs (1) and (2) do not apply if the adoption agency is satisfied that the requirements set out in that paragraph have been carried out in respect of the prospective adopter by another agency.
Requirements in respect of the child's permanence report and information for the adoption panel
38.
- (1) The child's permanence report which the adoption agency is required to prepare in accordance with regulation 17 of the Agencies Regulations or corresponding Welsh provision must include -
(2) The adoption agency must send -
together with the reports and information referred to in regulation 17(2) of the Agencies Regulations or corresponding Welsh provision to the adoption panel.
Recommendation of adoption panel
39.
Where an adoption panel make a recommendation in accordance with regulation 18(1) of the Agencies Regulations or corresponding Welsh provision it must consider and take into account the Article 15 Report, if available, and the observations thereon together with the information passed to it as a consequence of regulation 38.
Adoption agency decision and notification
40.
Where the adoption agency decides in accordance with regulation 19 of the Agencies Regulations or corresponding Welsh provision that the child should be placed for an adoption in accordance with the Convention it must notify the relevant Central Authority of -
Convention list
41.
- (1) The relevant Central Authority is to maintain a Convention list of children who are notified to that Authority under regulation 40 and shall make the contents of that list available for consultation by other Authorities within the British Islands.
(2) Where an adoption agency -
it must notify the relevant Central Authority accordingly and that Authority must remove the details relating to that child from the Convention list.
Receipt of the Article 15 Report from the CA of the receiving State
42.
- (1) This regulation applies where -
(2) Subject to paragraph (3), if the relevant Central Authority is satisfied the prospective adopter meets the following requirements -
that Authority must consult the Convention list and may, if the Authority considers it appropriate, consult any Convention list maintained by another Central Authority within the British Islands.
(3) Where a prospective adopter has already been identified in relation to a proposed adoption of a particular child and the relevant Central Authority is satisfied that prospective adopter meets the requirements referred to in paragraph (2)(a) and (b), that Authority -
(4) The relevant Central Authority may pass a copy of the Article 15 Report to any other Central Authority within the British Islands for the purposes of enabling that Authority to consult its Convention list.
(5) Where the relevant Central Authority identifies a child on the Convention list who may be suitable for adoption by the prospective adopter, that Authority must send the Article 15 Report to the local authority which referred the child's details to that Authority.
Proposed placement and referral to adoption panel
43.
- (1) Where the adoption agency is considering whether a proposed placement should proceed in accordance with the procedure provided for in regulation 31 of the Agencies Regulations or corresponding Welsh provision it must take into account the Article 15 Report.
(2) Where the adoption agency refers the proposal to place the child with the particular prospective adopter to the adoption panel in accordance with regulation 31 of the Agencies Regulations or corresponding Welsh provision, it must also send the Article 15 Report to the panel.
Consideration by adoption panel
44.
The adoption panel must take into account when considering what recommendation to make in accordance with regulation 32(1) of the Agencies Regulations or corresponding Welsh provision the Article 15 Report and any other information passed to it as a consequence of the provisions in this Chapter.
Adoption agency's decision in relation to the proposed placement
45.
- (1) Regulation 33 of the Agencies Regulations or corresponding Welsh provision shall apply as if paragraph (3) of that regulation or corresponding Welsh provision was omitted.
(2) As soon as possible after the agency makes its decision, it must notify the relevant Central Authority of its decision.
(3) If the proposed placement is not to proceed -
Preparation of the Article 16 Information
46.
- (1) If the adoption agency decides that the proposed placement should proceed, it must prepare a report for the purposes of Article 16(1) of the Convention which must include -
(2) The adoption agency must send the following to the relevant Central Authority -
(3) The relevant Central Authority must then send the documents referred to in paragraph (2) to the CA of the receiving State.
Requirements to be met before the child is placed for adoption with prospective adopter
47.
- (1) The relevant Central Authority may notify the CA of the receiving State that it is prepared to agree that the adoption may proceed provided that CA has confirmed that -
(2) The relevant Central Authority may not make an agreement under Article 17(c) of the Convention with the CA of the receiving State unless -
(3) An adoption agency may not place a child for adoption unless the agreement under Article 17(c) of the Convention has been made and the relevant Central Authority must advise that agency when that agreement has been made.
(4) In this regulation, the reference to "prospective adopter" means in the case of a couple, both of them.
Requirements in respect of giving parental responsibility prior to a proposed Convention adoption
48.
In the case of a proposed Convention adoption, the prescribed requirements for the purposes of section 84(3) of the Act (requirements to be satisfied prior to making an order) are -
(b) the report required for the purposes of Article 16(1) of the Convention has been prepared by the adoption agency;
(c) the adoption agency confirms in writing that it has complied with the requirements imposed upon it under Part 3 of the Agencies Regulations or corresponding Welsh provision and this Chapter;
(d) the adoption agency has obtained and made available to the court -
(e) the adoption agency includes in their report submitted to the court in accordance with section 43(a) or 44(5) of the Act as modified respectively by regulation 11, details of any reviews and visits carried out as consequence of Part 6 of the Agencies Regulations or corresponding Welsh provision; and
(f) the prospective adopter has confirmed in writing that he will accompany the child on taking the child out of the United Kingdom to travel to the receiving State or in the case of a couple the agency and competent foreign authority have confirmed that it is necessary for only one of them to do so.
Local authority report
49.
In the case of a proposed application for a Convention adoption order, the report which a local authority must submit to the court in accordance with section 43(a) or 44(5) of the Act must include a copy of the -
Convention adoption order
50.
An adoption order shall not be made as a Convention adoption order unless -
(b) the child to be adopted was, on the date on which the agreement under Article 17(c) of the Convention was made, habitually resident in any part of the British Islands; and
(c) the competent authority has confirmed that the child is authorised to enter and remain permanently in the Convention country in which the applicant is habitually resident.
Requirements following a Convention adoption order or Convention adoption
51.
- (1) Where the relevant Central Authority receives a copy of a Convention adoption order made by a court in England or Wales, that 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.
(2) A copy of the certificate must be sent to the -
(3) Where a Convention adoption is made and the Central Authority receives a certificate under Article 23[20]in respect of that Convention adoption, the relevant Central Authority must send a copy of that certificate to the relevant local authority.
Removal of children
54.
- (1) In a case falling within Chapter 1 of this Part, sections 36 to 40 of the Act shall not apply.
(2) In a case falling within Chapter 2 of this Part -
(b) section 39 of the Act shall apply as if subsection (3)(a) was omitted.
Modifications of the Act in respect of orders under section 84 where child is to be adopted under the Convention
55.
The modifications set out in regulation 11 shall apply in the case where a couple or person habitually resident in a Convention country outside the British Islands intend to adopt a child who is habitually resident in England or Wales in accordance with the Convention.
Child to live with adopters before application for a Convention adoption order
56.
Section 42 of the Act shall apply as if -
Notice of intention to adopt
57.
Section 44 of the Act shall apply as if subsection (3) was omitted.
Application for Convention adoption order
58.
Section 49 of the Act shall apply as if -
Offences
59.
Any person who contravenes or fails to comply with -
is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
Filkin
Parliamentary Under Secretary of State Department for Education and Skills
24th February 2005
[3] By virtue of section 16(1) of the 1999 Act and section 83(9) of the Act, the powers under those sections are exercisable after consultation with the National Assembly for Wales.back
[5] See section 18 of the 1999 Act for the meaning of Convention.back
[6] Under section 2(1) of the 1999 Act, the functions under the Convention of the Central Authority are to be discharged in relation to England by the Secretary of State and in relation to Wales by the National Assembly for Wales.back
[7] See section 2(1) of the Act for the meaning of adoption agency.back
[8] Part 4 of the Agencies Regulations and corresponding Welsh provisions impose duties on adoption agencies in respect of a prospective adopter.back
[9] Regulation 34 of the Agencies Regulations and corresponding Welsh provision impose additional functions on the adoption agency in relation to a case where section 83 applies.back
[10] The term "overseas adoption" is given a meaning by virtue of section 87(1) of the 2002 Act.back
[12] See section 18 of the 1999 Act.back
[13] An adoption agency is required to set up a case record in respect of a prospective adopter under regulation 22(1) of the Agencies Regulations or corresponding Welsh provision.back
[14] Article 17 sets out the conditions which must be satisfied before a decision is made by the State of origin that a child may be placed with prospective adopters. The condition in Article 17(c) is that the Central Authorities of the State of origin and receiving State have agreed that the adoption may proceed.back
[15] The term "Convention adoption order" means an adoption which by virtue of section 1 of the Adoption (Intercountry Aspects) Act 1999 (c.18) is made as a Convention adoption order (see section 144 of the 2002 Act and regulation 31). The term "Convention adoption" means an adoption effected under the law of a Convention country outside the British Islands, and certified in pursuance of Article 23(1) of the Convention (see section 66(1)(c) of the 2002 Act).back
[16] 1981 c.61. Section 1 is amended by section 7 of the Adoption (Intercountry Aspects) Act 1999 and by section 137 of the 2002 Act.back
[18] 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 must specify when and by whom the agreement that the adoption could proceed was given.back
[19] Article 15 provides for the CA of the receiving State if satisfied that the applicants are eligible and suited 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 care.back
[20] Article 23 of the Convention 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 must specify when and by whom the agreement that the adoption could proceed was given.back