The Adoptions with a Foreign Element Regulations 2005

Breakdown of placement

28.—(1) This regulation applies where—

(a) notification is given by the prospective adopter under regulation 26 (unable to proceed with adoption);

(b) the child is withdrawn from the prospective adopter under regulation 27 (withdrawal of child from prospective adopter);

(c) an application for a Convention adoption order is refused;

(d) a Convention adoption which is subject to a probationary period cannot be made; or

(e) a Convention adoption order or a Convention adoption is annulled pursuant to section 89(1) of the Act.

(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—

(a) that authority must notify the relevant Central Authority in writing that—

(i) another prospective adopter has been identified; and

(ii) the provisions in regulations 14, 15 and 16 have been complied with; and

(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)—

(a) it shall inform the CA of the State of origin of the proposed placement; and

(b) it shall agree the placement with the CA of the State of origin in accordance with the provisions in this Chapter.

(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.