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PART 1 continued CHAPTER 5 continued
(4) In relation to a person adopted before the appointed day the court may, in exceptional circumstances, order the Registrar General to give any information mentioned in subsection (3) to a person.
(5) On an application made in the prescribed manner by the appropriate adoption agency in respect of an adopted person a record of whose birth is kept by the Registrar General, the Registrar General must give the agency any information relating to the adopted person which is mentioned in subsection (3).
“Appropriate adoption agency” has the same meaning as in section 65.
(6) In relation to a person adopted before the appointed day, Schedule 2 applies instead of subsection (5).
(7) On an application made in the prescribed manner by an adopted person a record of whose birth is kept by the Registrar General and who—
(a) is under the age of 18 years, and
(b) intends to be married,
the Registrar General must inform the applicant whether or not it appears from information contained in the registers of live-births or other records that the applicant and the person whom the applicant intends to marry may be within the prohibited degrees of relationship for the purposes of the Marriage Act 1949 (c. 76).
(8) Before the Registrar General gives any information by virtue of this section, any prescribed fee which he has demanded must be paid.
(9) In this section—
“appointed day” means the day appointed for the commencement of sections 56 to 65,
“prescribed” means prescribed by regulations made by the Registrar General with the approval of the Chancellor of the Exchequer.
(1) The Registrar General must continue to maintain at the General Register Office in accordance with regulations a register in two Parts to be called the Adoption Contact Register.
(2) Part 1 of the register is to contain the prescribed information about adopted persons who have given the prescribed notice expressing their wishes as to making contact with their relatives.
(3) The Registrar General may only make an entry in Part 1 of the register for an adopted person—
(a) a record of whose birth is kept by the Registrar General,
(b) who has attained the age of 18 years, and
(c) who the Registrar General is satisfied has such information as is necessary to enable him to obtain a certified copy of the record of his birth.
(4) Part 2 of the register is to contain the prescribed information about persons who have given the prescribed notice expressing their wishes, as relatives of adopted persons, as to making contact with those persons.
(5) The Registrar General may only make an entry in Part 2 of the register for a person—
(a) who has attained the age of 18 years, and
(b) who the Registrar General is satisfied is a relative of an adopted person and has such information as is necessary to enable him to obtain a certified copy of the record of the adopted person’s birth.
(6) Regulations may provide for—
(a) the disclosure of information contained in one Part of the register to persons for whom there is an entry in the other Part,
(b) the payment of prescribed fees in respect of the making or alteration of entries in the register and the disclosure of information contained in the register.
(1) The Adoption Contact Register is not to be open to public inspection or search.
(2) In section 80, “relative”, in relation to an adopted person, means any person who (but for his adoption) would be related to him by blood (including half-blood) or marriage.
(3) The Registrar General must not give any information entered in the register to any person except in accordance with subsection (6)(a) of that section or regulations made by virtue of section 64(4)(b).
(4) 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.
(1) In this Chapter—
“records” includes certified copies kept by the Registrar General of entries in any register of births,
“registers of live-births” means the registers of live-births made under the Births and Deaths Registration Act 1953 (c. 20).
(2) Any register, record or index maintained under this Chapter may be maintained in any form the Registrar General considers appropriate; and references (however expressed) to entries in such a register, or to their amendment, marking or cancellation, are to be read accordingly.
(1) This section applies where a person who is habitually resident in the British Islands (the “British resident”)—
(a) brings, or causes another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purpose of adoption by the British resident, or
(b) at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of six months ending with that time.
The references to adoption, or to a child adopted, by the British resident include a reference to adoption, or to a child adopted, by the British resident and another person.
(2) But this section does not apply if the child is intended to be adopted under a Convention adoption order.
(3) An external adoption means an adoption, other than a Convention adoption, of a child effected under the law of any country or territory outside the British Islands, whether or not the adoption is—
(a) an adoption within the meaning of Chapter 4, or
(b) a full adoption (within the meaning of section 88(3)).
(4) Regulations may require a person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where this section applies—
(a) to apply to an adoption agency (including a Scottish or Northern Irish adoption agency) in the prescribed manner for an assessment of his suitability to adopt the child, and
(b) to give the agency any information it may require for the purpose of the assessment.
(5) Regulations may require prescribed conditions to be met in respect of a child brought into the United Kingdom in circumstances where this section applies.
(6) In relation to a child brought into the United Kingdom for adoption in circumstances where this section applies, regulations may—
(a) provide for any provision of Chapter 3 to apply with modifications or not to apply,
(b) if notice of intention to adopt has been given, impose functions in respect of the child on the local authority to which the notice was given.
(7) If a person brings, or causes another to bring, a child into the United Kingdom at any time in circumstances where this section applies, he is guilty of an offence if—
(a) he has not complied with any requirement imposed by virtue of subsection (4), or
(b) any condition required to be met by virtue of subsection (5) is not met,
before that time, or before any later time which may be prescribed.
(8) A person guilty of an offence under this section is liable—
(a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both,
(b) on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.
(9) In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State, after consultation with the Assembly.
(1) The High Court may, on an application by persons who the court is satisfied intend to adopt a child under the law of a country or territory outside the British Islands, make an order giving parental responsibility for the child to them.
(2) An order under this section may not give parental responsibility to persons who the court is satisfied meet those requirements as to domicile, or habitual residence, in England and Wales which have to be met if an adoption order is to be made in favour of those persons.
(3) An order under this section may not be made unless any requirements prescribed by regulations are satisfied.
(4) An application for an order under this section may not be made unless at all times during the preceding ten weeks the child’s home was with the applicant or, in the case of an application by two people, both of them.
(5) Section 46(2) to (4) has effect in relation to an order under this section as it has effect in relation to adoption orders.
(6) Regulations may provide for any provision of this Act which refers to adoption orders to apply, with or without modifications, to orders under this section.
(7) In this section, “regulations” means regulations made by the Secretary of State, after consultation with the Assembly.
(1) A child who—
(a) is a Commonwealth citizen, or
(b) is habitually resident in the United Kingdom,
must not be removed from the United Kingdom to a place outside the British Islands for the purpose of adoption unless the condition in subsection (2) is met.
(2) The condition is that—
(a) the prospective adopters have parental responsibility for the child by virtue of an order under section 84, or
(b) the child is removed under the authority of an order under section 49 of the Adoption (Scotland) Act 1978 (c. 28) or Article 57 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).
(3) Removing a child from the United Kingdom includes arranging to do so; and the circumstances in which a person arranges to remove a child from the United Kingdom include those where he—
(a) enters into an arrangement for the purpose of facilitating such a removal of the child,
(b) initiates or takes part in any negotiations of which the purpose is the conclusion of an arrangement within paragraph (a), or
(c) causes another person to take any step mentioned in paragraph (a) or (b).
An arrangement includes an agreement (whether or not enforceable).
(4) A person who removes a child from the United Kingdom in contravention of subsection (1) is guilty of an offence.
(5) A person is not guilty of an offence under subsection (4) of causing a person to take any step mentioned in paragraph (a) or (b) of subsection (3) unless it is proved that he knew or had reason to suspect that the step taken would contravene subsection (1).
But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.
(6) A person guilty of an offence under this section is liable—
(a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both,
(b) on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.
(7) In any proceedings under this section—
(a) a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer is admissible, upon proof that the officer or the deponent cannot be found in the United Kingdom, as evidence of the matters stated in it, and
(b) it is not necessary to prove the signature or official character of the person who appears to have signed any such report or deposition.
(1) Regulations may provide for section 83 not to apply if—
(a) the adopters or (as the case may be) prospective adopters are natural parents, natural relatives or guardians of the child in question (or one of them is), or
(b) the British resident in question is a partner of a parent of the child,
and any prescribed conditions are met.
(2) Regulations may provide for section 85(1) to apply with modifications, or not to apply, if—
(a) the prospective adopters are parents, relatives or guardians of the child in question (or one of them is), or
(b) the prospective adopter is a partner of a parent of the child,
and any prescribed conditions are met.
(3) On the occasion of the first exercise of the power to make regulations under this section—
(a) the statutory instrument containing the regulations is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, and
(b) accordingly section 140(2) does not apply to the instrument.
(4) In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State after consultation with the Assembly.
(1) In this Act, “overseas adoption”—
(a) means an adoption of a description specified in an order made by the Secretary of State, being a description of adoptions effected under the law of any country or territory outside the British Islands, but
(b) does not include a Convention adoption.
(2) Regulations may prescribe the requirements that ought to be met by an adoption of any description effected after the commencement of the regulations for it to be an overseas adoption for the purposes of this Act.
(3) At any time when such regulations have effect, the Secretary of State must exercise his powers under this section so as to secure that subsequently effected adoptions of any description are not overseas adoptions for the purposes of this Act if he considers that they are not likely within a reasonable time to meet the prescribed requirements.
(4) In this section references to this Act include the Adoption Act 1976 (c. 36).
(5) An order under this section may contain provision as to the manner in which evidence of any overseas adoption may be given.
(6) In this section—
“adoption” means an adoption of a child or of a person who was a child at the time the adoption was applied for,
“regulations” means regulations made by the Secretary of State after consultation with the Assembly.
(1) If the High Court is satisfied, on an application under this section, that each of the following conditions is met in the case of a Convention adoption, it may direct that section 67(3) does not apply, or does not apply to any extent specified in the direction.
(2) The conditions are—
(a) that under the law of the country in which the adoption was effected, the adoption is not a full adoption,
(b) that the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption or that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention),
(c) that it would be more favourable to the adopted child for a direction to be given under subsection (1).
(3) A full adoption is an adoption by virtue of which the child is to be treated in law as not being the child of any person other than the adopters or adopter.
(4) In relation to a direction under this section and an application for it, sections 59 and 60 of the Family Law Act 1986 (c. 55) (declarations under Part 3 of that Act as to marital status) apply as they apply in relation to a direction under that Part and an application for such a direction.
(1) The High Court may, on an application under this subsection, by order annul a Convention adoption or Convention adoption order on the ground that the adoption is contrary to public policy.
(2) The High Court may, on an application under this subsection—
(a) by order provide for an overseas adoption or a determination under section 91 to cease to be valid on the ground that the adoption or determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case, or
(b) decide the extent, if any, to which a determination under section 91 has been affected by a subsequent determination under that section.
(3) The High Court may, in any proceedings in that court, decide that an overseas adoption or a determination under section 91 is to be treated, for the purposes of those proceedings, as invalid on either of the grounds mentioned in subsection (2)(a).
(4) Subject to the preceding provisions, the validity of a Convention adoption, Convention adoption order or overseas adoption or a determination under section 91 cannot be called in question in proceedings in any court in England and Wales.
(1) Any application for an order under section 89 or a decision under subsection (2)(b) or (3) of that section must be made in the prescribed manner and within any prescribed period.
“Prescribed” means prescribed by rules.
(2) No application may be made under section 89(1) in respect of an adoption unless immediately before the application is made—
(a) the person adopted, or
(b) the adopters or adopter,
habitually reside in England and Wales.
(3) In deciding in pursuance of section 89 whether such an authority as is mentioned in section 91 was competent to entertain a particular case, a court is bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to entertain the case.
(1) Subsection (2) applies where any authority of a Convention country (other than the United Kingdom) or of the Channel Islands, the Isle of Man or any British overseas territory has power under the law of that country or territory—
(a) to authorise, or review the authorisation of, an adoption order made in that country or territory, or
(b) to give or review a decision revoking or annulling such an order or a Convention adoption.
(2) If the authority makes a determination in the exercise of that power, the determination is to have effect for the purpose of effecting, confirming or terminating the adoption in question or, as the case may be, confirming its termination.
(3) Subsection (2) is subject to section 89 and to any subsequent determination having effect under that subsection.
(1) A person who is neither an adoption agency nor acting in pursuance of an order of the High Court must not take any of the steps mentioned in subsection (2).
(2) The steps are—
(a) asking a person other than an adoption agency to provide a child for adoption,
(b) asking a person other than an adoption agency to provide prospective adopters for a child,
(c) offering to find a child for adoption,
(d) offering a child for adoption to a person other than an adoption agency,
(e) handing over a child to any person other than an adoption agency with a view to the child’s adoption by that or another person,
(f) receiving a child handed over to him in contravention of paragraph (e),
(g) entering into an agreement with any person for the adoption of a child, or for the purpose of facilitating the adoption of a child, where no adoption agency is acting on behalf of the child in the adoption,
(h) initiating or taking part in negotiations of which the purpose is the conclusion of an agreement within paragraph (g),
(i) causing another person to take any of the steps mentioned in paragraphs (a) to (h).
(3) Subsection (1) does not apply to a person taking any of the steps mentioned in paragraphs (d), (e), (g), (h) and (i) of subsection (2) if the following condition is met.
(4) The condition is that—
(a) the prospective adopters are parents, relatives or guardians of the child (or one of them is), or
(b) the prospective adopter is the partner of a parent of the child.
(5) References to an adoption agency in subsection (2) include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances in respect of the child in question.
(6) The Secretary of State may, after consultation with the Assembly, by order make any amendments of subsections (1) to (4), and any consequential amendments of this Act, which he considers necessary or expedient.
(7) In this section—
(a) “agreement” includes an arrangement (whether or not enforceable),
(b) “prescribed” means prescribed by regulations made by the Secretary of State after consultation with the Assembly.
(1) If a person contravenes section 92(1), he is guilty of an offence; and, if that person is an adoption society, the person who manages the society is also guilty of the offence.
(2) A person is not guilty of an offence under subsection (1) of taking the step mentioned in paragraph (f) of section 92(2) unless it is proved that he knew or had reason to suspect that the child was handed over to him in contravention of paragraph (e) of that subsection.
(3) A person is not guilty of an offence under subsection (1) of causing a person to take any of the steps mentioned in paragraphs (a) to (h) of section 92(2) unless it is proved that he knew or had reason to suspect that the step taken would contravene the paragraph in question.
(4) But subsections (2) and (3) only apply if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.
(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £10,000, or both.
(1) A person who is not within a prescribed description may not, in any prescribed circumstances, prepare a report for any person about the suitability of a child for adoption or of a person to adopt a child or about the adoption, or placement for adoption, of a child.
“Prescribed” means prescribed by regulations made by the Secretary of State after consultation with the Assembly.
(2) If a person—
(a) contravenes subsection (1), or
(b) causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,
he is guilty of an offence.
(3) If a person who works for an adoption society—
(a) contravenes subsection (1), or
(b) causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,
the person who manages the society is also guilty of the offence.
(4) A person is not guilty of an offence under subsection (2)(b) unless it is proved that he knew or had reason to suspect that the report would be, or had been, prepared in contravention of subsection (1).
But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.
(5) A person guilty of an offence under this section is 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.
(1) This section applies to any payment (other than an excepted payment) which is made for or in consideration of—
(a) the adoption of a child,
(b) giving any consent required in connection with the adoption of a child,
(c) removing from the United Kingdom a child who is a Commonwealth citizen, or is habitually resident in the United Kingdom, to a place outside the British Islands for the purpose of adoption,
(d) a person (who is neither an adoption agency nor acting in pursuance of an order of the High Court) taking any step mentioned in section 92(2),
(e) preparing, causing to be prepared or submitting a report the preparation of which contravenes section 94(1).
(2) In this section and section 96, removing a child from the United Kingdom has the same meaning as in section 85.
(3) Any person who—
(a) makes any payment to which this section applies,
(b) agrees or offers to make any such payment, or
(c) receives or agrees to receive or attempts to obtain any such payment,
is guilty of an offence.
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £10,000, or both.
(1) A payment is an excepted payment if it is made by virtue of, or in accordance with provision made by or under, this Act, the Adoption (Scotland) Act 1978 (c. 28) or the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).
(2) A payment is an excepted payment if it is made to a registered adoption society by—
(a) a parent or guardian of a child, or
(b) a person who adopts or proposes to adopt a child,
in respect of expenses reasonably incurred by the society in connection with the adoption or proposed adoption of the child.
(3) A payment is an excepted payment if it is made in respect of any legal or medical expenses incurred or to be incurred by any person in connection with an application to a court which he has made or proposes to make for an adoption order, a placement order, or an order under section 26 or 84.
(4) A payment made as mentioned in section 95(1)(c) is an excepted payment if—
(a) the condition in section 85(2) is met, and
(b) the payment is made in respect of the travel and accommodation expenses reasonably incurred in removing the child from the United Kingdom for the purpose of adoption.
In sections 92 to 96—
(a) “adoption agency” includes a Scottish or Northern Irish adoption agency,
(b) “payment” includes reward,
(c) references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.
(1) Regulations under section 9 may make provision for the purpose of—
(a) assisting persons adopted before the appointed day who have attained the age of 18 to obtain information in relation to their adoption, and
(b) facilitating contact between such persons and their relatives.
(2) For that purpose the regulations may confer functions on—
(a) registered adoption support agencies,
(b) the Registrar General,
(c) adoption agencies.
(3) For that purpose the regulations may—
(a) authorise or require any person mentioned in subsection (2) to disclose information,
(b) authorise or require the disclosure of information contained in records kept under section 8 of the Public Records Act 1958 (c. 51) (court records),
and may impose conditions on the disclosure of information, including conditions restricting its further disclosure.
(4) The regulations may authorise the charging of prescribed fees by any person mentioned in subsection (2) or in respect of the disclosure of information under subsection (3)(b).
(5) An authorisation or requirement to disclose information by virtue of subsection (3)(a) has effect in spite of any restriction on the disclosure of information in Chapter 5.
(6) The making of regulations by virtue of subsections (2) to (4) which relate to the Registrar General requires the approval of the Chancellor of the Exchequer.
(7) In this section—
“appointed day” means the day appointed for the commencement of sections 56 to 65,
“registered adoption support agency” means an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14),
“relative”, in relation to an adopted person, means any person who (but for his adoption) would be related to him by blood (including half-blood) or marriage.
Proceedings for an offence by virtue of section 9 or 59 may not, without the written consent of the Attorney General, be taken by any person other than the National Care Standards Commission or the Assembly.
Adoption and Children Act 2002