Office of Public Sector Information
PART 1 continued CHAPTER 3 continued
Regulations under section 9 may require adoption agencies in prescribed circumstances to disclose in accordance with the regulations prescribed information to prospective adopters.
(1) Where any child adopted by one natural parent as sole adoptive parent subsequently becomes a legitimated person on the marriage of the natural parents, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke the order.
(2) In relation to an adoption order made by a magistrates' court, the reference in subsection (1) to the court by which the order was made includes a court acting for the same petty sessions area.
(1) In relation to an adopted person, regulations may prescribe—
(a) the information which an adoption agency must keep in relation to his adoption,
(b) the form and manner in which it must keep that information.
(2) Below in this group of sections (that is, this section and sections 57 to 65), any information kept by an adoption agency by virtue of subsection (1)(a) is referred to as section 56 information.
(3) Regulations may provide for the transfer in prescribed circumstances of information held, or previously held, by an adoption agency to another adoption agency.
(1) Any section 56 information kept by an adoption agency which—
(a) is about an adopted person or any other person, and
(b) is or includes identifying information about the person in question,
may only be disclosed by the agency to a person (other than the person the information is about) in pursuance of this group of sections.
(2) Any information kept by an adoption agency—
(a) which the agency has obtained from the Registrar General on an application under section 79(5) and any other information which would enable the adopted person to obtain a certified copy of the record of his birth, or
(b) which is information about an entry relating to the adopted person in the Adoption Contact Register,
may only be disclosed to a person by the agency in pursuance of this group of sections.
(3) In this group of sections, information the disclosure of which to a person is restricted by virtue of subsection (1) or (2) is referred to (in relation to him) as protected information.
(4) Identifying information about a person means information which, whether taken on its own or together with other information disclosed by an adoption agency, identifies the person or enables the person to be identified.
(5) This section does not prevent the disclosure of protected information in pursuance of a prescribed agreement to which the adoption agency is a party.
(6) Regulations may authorise or require an adoption agency to disclose protected information to a person who is not an adopted person.
(1) This section applies to any section 56 information other than protected information.
(2) An adoption agency may for the purposes of its functions disclose to any person in accordance with prescribed arrangements any information to which this section applies.
(3) An adoption agency must, in prescribed circumstances, disclose prescribed information to a prescribed person.
Regulations may provide that a registered adoption society which discloses any information in contravention of section 57 is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) This section applies to an adopted person who has attained the age of 18 years.
(2) The adopted person has the right, at his request, to receive from the appropriate adoption agency—
(a) any information which would enable him to obtain a certified copy of the record of his birth, unless the High Court orders otherwise,
(b) any prescribed information disclosed to the adopters by the agency by virtue of section 54.
(3) The High Court may make an order under subsection (2)(a), on an application by the appropriate adoption agency, if satisfied that the circumstances are exceptional.
(4) The adopted person also has the right, at his request, to receive from the court which made the adoption order a copy of any prescribed document or prescribed order relating to the adoption.
(5) Subsection (4) does not apply to a document or order so far as it contains information which is protected information.
(1) This section applies where—
(a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and
(b) none of the information is about a person who is a child at the time of the application.
(2) The agency is not required to proceed with the application unless it considers it appropriate to do so.
(3) If the agency does proceed with the application it must take all reasonable steps to obtain the views of any person the information is about as to the disclosure of the information about him.
(4) The agency may then disclose the information if it considers it appropriate to do so.
(5) In deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—
(a) the welfare of the adopted person,
(b) any views obtained under subsection (3),
(c) any prescribed matters,
and all the other circumstances of the case.
(6) This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).
(1) This section applies where—
(a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and
(b) any of the information is about a person who is a child at the time of the application.
(2) The agency is not required to proceed with the application unless it considers it appropriate to do so.
(3) If the agency does proceed with the application, then, so far as the information is about a person who is at the time a child, the agency must take all reasonable steps to obtain—
(a) the views of any parent or guardian of the child, and
(b) the views of the child, if the agency considers it appropriate to do so having regard to his age and understanding and to all the other circumstances of the case,
as to the disclosure of the information.
(4) And, so far as the information is about a person who has at the time attained the age of 18 years, the agency must take all reasonable steps to obtain his views as to the disclosure of the information.
(5) The agency may then disclose the information if it considers it appropriate to do so.
(6) In deciding whether it is appropriate to proceed with the application, or disclose the information, where any of the information is about a person who is at the time a child—
(a) if the child is an adopted child, the child’s welfare must be the paramount consideration,
(b) in the case of any other child, the agency must have particular regard to the child’s welfare.
(7) And, in deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—
(a) the welfare of the adopted person (where subsection (6)(a) does not apply),
(b) any views obtained under subsection (3) or (4),
(c) any prescribed matters,
and all the other circumstances of the case.
(8) This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).
(1) Regulations may require adoption agencies to give information about the availability of counselling to persons—
(a) seeking information from them in pursuance of this group of sections,
(b) considering objecting or consenting to the disclosure of information by the agency in pursuance of this group of sections, or
(c) considering entering with the agency into an agreement prescribed for the purposes of section 57(5).
(2) Regulations may require adoption agencies to make arrangements to secure the provision of counselling for persons seeking information from them in prescribed circumstances in pursuance of this group of sections.
(3) The regulations may authorise adoption agencies—
(a) to disclose information which is required for the purposes of such counselling to the persons providing the counselling,
(b) where the person providing the counselling is outside the United Kingdom, to require a prescribed fee to be paid.
(4) The regulations may require any of the following persons to provide counselling for the purposes of arrangements under subsection (2)—
(a) a local authority, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) or a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)),
(b) a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),
(c) an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14).
(5) For the purposes of subsection (4), where the functions of a Health and Social Services Board are exercisable by a Health and Social Services Trust, the reference in sub-paragraph (a) to a Board is to be read as a reference to the Health and Social Services Trust.
(1) Regulations may make provision for the purposes of this group of sections, including provision as to—
(a) the performance by adoption agencies of their functions,
(b) the manner in which information may be received, and
(c) the matters mentioned below in this section.
(2) Regulations may prescribe—
(a) the manner in which agreements made by virtue of section 57(5) are to be recorded,
(b) the information to be provided by any person on an application for the disclosure of information under this group of sections.
(3) Regulations may require adoption agencies—
(a) to give to prescribed persons prescribed information about the rights or opportunities to obtain information, or to give their views as to its disclosure, given by this group of sections,
(b) to seek prescribed information from, or give prescribed information to, the Registrar General in prescribed circumstances.
(4) Regulations may require the Registrar General—
(a) to disclose to any person (including an adopted person) at his request any information which the person requires to assist him to make contact with the adoption agency which is the appropriate adoption agency in the case of an adopted person specified in the request (or, as the case may be, in the applicant’s case),
(b) to disclose to the appropriate adoption agency any information which the agency requires about any entry relating to the adopted person on the Adoption Contact Register.
(5) Regulations may provide for the payment of a prescribed fee in respect of the disclosure in prescribed circumstances of any information in pursuance of section 60, 61 or 62; but an adopted person may not be required to pay any fee in respect of any information disclosed to him in relation to any person who (but for his adoption) would be related to him by blood (including half-blood) or marriage.
(6) Regulations may provide for the payment of a prescribed fee by an adoption agency obtaining information under subsection (4)(b).
(1) In this group of sections—
“appropriate adoption agency”, in relation to an adopted person or to information relating to his adoption, means—
if the person was placed for adoption by an adoption agency, that agency or (if different) the agency which keeps the information in relation to his adoption,
in any other case, the local authority to which notice of intention to adopt was given,
“prescribed” means prescribed by subordinate legislation,
“regulations” means regulations under section 9,
“subordinate legislation” means regulations or, in relation to information to be given by a court, rules.
(2) But—
(a) regulations under section 63(2) imposing any requirement on a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), or an organisation within section 144(3)(b), are to be made by the Scottish Ministers,
(b) regulations under section 63(2) imposing any requirement on a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/ 1265 (N.I. 14)), or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)), are to be made by the Department of Health, Social Services and Public Safety.
(3) The power of the Scottish Ministers or of the Department of Health, Social Services and Public Safety to make regulations under section 63(2) includes power to make—
(a) any supplementary, incidental or consequential provision,
(b) any transitory, transitional or saving provision,
which the person making the regulations considers necessary or expedient.
(4) Regulations prescribing any fee by virtue of section 64(6) require the approval of the Chancellor of the Exchequer.
(5) Regulations making any provision as to the manner in which any application is to be made for the disclosure of information by the Registrar General require his approval.
(1) In this Chapter “adoption” means—
(a) adoption by an adoption order or a Scottish or Northern Irish adoption order,
(b) adoption by an order made in the Isle of Man or any of the Channel Islands,
(c) 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 (referred to in this Act as a “Convention adoption”),
(d) an overseas adoption, or
(e) an adoption recognised by the law of England and Wales and effected under the law of any other country;
and related expressions are to be interpreted accordingly.
(2) But references in this Chapter to adoption do not include an adoption effected before the day on which this Chapter comes into force (referred to in this Chapter as “the appointed day”).
(3) Any reference in an enactment to an adopted person within the meaning of this Chapter includes a reference to an adopted child within the meaning of Part 4 of the Adoption Act 1976 (c. 36).
(1) An adopted person is to be treated in law as if born as the child of the adopters or adopter.
(2) An adopted person is the legitimate child of the adopters or adopter and, if adopted by—
(a) a couple, or
(b) one of a couple under section 51(2),
is to be treated as the child of the relationship of the couple in question.
(3) An adopted person—
(a) if adopted by one of a couple under section 51(2), is to be treated in law as not being the child of any person other than the adopter and the other one of the couple, and
(b) in any other case, is to be treated in law, subject to subsection (4), as not being the child of any person other than the adopters or adopter;
but this subsection does not affect any reference in this Act to a person’s natural parent or to any other natural relationship.
(4) In the case of a person adopted by one of the person’s natural parents as sole adoptive parent, subsection (3)(b) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.
(5) This section has effect from the date of the adoption.
(6) Subject to the provisions of this Chapter and Schedule 4, this section—
(a) applies for the interpretation of enactments or instruments passed or made before as well as after the adoption, and so applies subject to any contrary indication, and
(b) has effect as respects things done, or events occurring, on or after the adoption.
(1) A relationship existing by virtue of section 67 may be referred to as an adoptive relationship, and—
(a) an adopter may be referred to as an adoptive parent or (as the case may be) as an adoptive father or adoptive mother,
(b) any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree.
(2) Subsection (1) does not affect the interpretation of any reference, not qualified by the word “adoptive”, to a relationship.
(3) A reference (however expressed) to the adoptive mother and father of a child adopted by—
(a) a couple of the same sex, or
(b) a partner of the child’s parent, where the couple are of the same sex,
is to be read as a reference to the child’s adoptive parents.
(1) The rules of interpretation contained in this section apply (subject to any contrary indication and to Schedule 4) to any instrument so far as it contains a disposition of property.
(2) In applying section 67(1) and (2) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition is to be interpreted as if—
(a) the adopted person had been born on the date of adoption,
(b) two or more people adopted on the same date had been born on that date in the order of their actual births;
but this does not affect any reference to a person’s age.
(3) Examples of phrases in wills on which subsection (2) can operate are—
1. Children of A “living at my death or born afterwards”.
2. Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest and who attain the age of 21 years”.
3. As in example 1 or 2, but referring to grandchildren of A instead of children of A.
4. A for life “until he has a child”, and then to his child or children.
Note. Subsection (2) will not affect the reference to the age of 21 years in example 2.
(4) Section 67(3) does not prejudice—
(a) any qualifying interest, or
(b) any interest expectant (whether immediately or not) upon a qualifying interest.
“Qualifying interest” means an interest vested in possession in the adopted person before the adoption.
(5) Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child—
(a) it must be presumed that once a woman has attained the age of 55 years she will not adopt a person after execution of the instrument, and
(b) if she does so, then (in spite of section 67) that person is not to be treated as her child or (if she does so as one of a couple) as the child of the other one of the couple for the purposes of the instrument.
(6) In this section, “instrument” includes a private Act settling property, but not any other enactment.
(1) Where a disposition depends on the date of birth of a person who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, section 69(2) does not affect entitlement by virtue of Part 3 of the Family Law Reform Act 1987 (c. 42) (dispositions of property).
(2) Subsection (1) applies for example where—
(a) a testator dies in 2001 bequeathing a legacy to his eldest grandchild living at a specified time,
(b) his unmarried daughter has a child in 2002 who is the first grandchild,
(c) his married son has a child in 2003,
(d) subsequently his unmarried daughter adopts her child as sole adoptive parent.
In that example the status of the daughter’s child as the eldest grandchild of the testator is not affected by the events described in paragraphs (c) and (d).
(1) An adoption does not affect the descent of any peerage or dignity or title of honour.
(2) An adoption does not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour.
(3) Subsection (2) applies only if and so far as a contrary intention is not expressed in the instrument, and has effect subject to the terms of the instrument.
(1) A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether any adoption has been effected or revoked if that fact could affect entitlement to the property.
(2) A trustee or personal representative is not liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution.
(3) This section does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.
(1) This section applies for the purposes of this Chapter.
(2) A disposition includes the conferring of a power of appointment and any other disposition of an interest in or right over property; and in this subsection a power of appointment includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.
(3) This Chapter applies to an oral disposition as if contained in an instrument made when the disposition was made.
(4) The date of death of a testator is the date at which a will or codicil is to be regarded as made.
(5) The provisions of the law of intestate succession applicable to the estate of a deceased person are to be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.
(1) Section 67 does not apply for the purposes of—
(a) the table of kindred and affinity in Schedule 1 to the Marriage Act 1949 (c. 76),
(b) sections 10 and 11 of the Sexual Offences Act 1956 (c. 69) (incest), or
(c) section 54 of the Criminal Law Act 1977 (c. 45) (inciting a girl to commit incest).
(2) Section 67 does not apply for the purposes of any provision of—
(a) the British Nationality Act 1981 (c. 61),
(b) the Immigration Act 1971 (c. 77),
(c) any instrument having effect under an enactment within paragraph (a) or (b), or
(d) any other provision of the law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.
Section 67(3) does not affect entitlement to a pension which is payable to or for the benefit of a person and is in payment at the time of the person’s adoption.
(1) Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial insurance company for the payment on the death of the child of money for funeral expenses, then—
(a) the rights and liabilities under the policy are by virtue of the adoption transferred to the adoptive parents, and
(b) for the purposes of the enactments relating to such societies and companies, the adoptive parents are to be treated as the person who took out the policy.
(2) Where the adoption is effected by an order made by virtue of section 51(2), the references in subsection (1) to the adoptive parents are to be read as references to the adopter and the other one of the couple.
(1) The Registrar General must continue to maintain in the General Register Office a register, to be called the Adopted Children Register.
(2) The Adopted Children Register is not to be open to public inspection or search.
(3) No entries may be made in the Adopted Children Register other than entries—
(a) directed to be made in it by adoption orders, or
(b) required to be made under Schedule 1.
(4) A certified copy of an entry in the Adopted Children Register, if purporting to be sealed or stamped with the seal of the General Register Office, is to be received as evidence of the adoption to which it relates without further or other proof.
(5) Where an entry in the Adopted Children Register contains a record—
(a) of the date of birth of the adopted person, or
(b) of the country, or the district and sub-district, of the birth of the adopted person,
a certified copy of the entry is also to be received, without further or other proof, as evidence of that date, or country or district and sub-district, (as the case may be) in all respects as if the copy were a certified copy of an entry in the registers of live-births.
(6) Schedule 1 (registration of adoptions and the amendment of adoption orders) is to have effect.
(1) The Registrar General must continue to maintain at the General Register Office an index of the Adopted Children Register.
(2) Any person may—
(a) search the index,
(b) have a certified copy of any entry in the Adopted Children Register.
(3) But a person is not entitled to have a certified copy of an entry in the Adopted Children Register relating to an adopted person who has not attained the age of 18 years unless the applicant has provided the Registrar General with the prescribed particulars.
“Prescribed” means prescribed by regulations made by the Registrar General with the approval of the Chancellor of the Exchequer.
(4) The terms, conditions and regulations as to payment of fees, and otherwise, applicable under the Births and Deaths Registration Act 1953 (c. 20), and the Registration Service Act 1953 (c. 37), in respect of—
(a) searches in the index kept in the General Register Office of certified copies of entries in the registers of live-births,
(b) the supply from that office of certified copies of entries in those certified copies,
also apply in respect of searches, and supplies of certified copies, under subsection (2).
(1) The Registrar General must make traceable the connection between any entry in the registers of live-births or other records which has been marked “Adopted” and any corresponding entry in the Adopted Children Register.
(2) Information kept by the Registrar General for the purposes of subsection (1) is not to be open to public inspection or search.
(3) Any such information, and any other information which would enable an adopted person to obtain a certified copy of the record of his birth, may only be disclosed by the Registrar General in accordance with this section.
Adoption and Children Act 2002