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Adoption and Children Act 2002

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Adoption and Children Act 2002, Section 84 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 4A inserted by 2014 c. 6 s. 5
  • s. 141(7) inserted by 2010 c. 26 Sch. 3 para. 13 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
84 Giving parental responsibility prior to adoption abroadU.K.
This section has no associated Explanatory Notes

(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.

Commencement Information

I1S. 84 in force at 7.12.2004 for specified purposes by S.I. 2004/3203, art. 2(1)(m)(vii)

I2S. 84 in force at 30.12.2005 in so far as not already in force by S.I. 2005/2213, art. 2(f) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

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