Adoption and Children Act 2002

79 Connections between the register and birth records E+W

(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.

(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 [F1 or form a civil partnership],

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 [F2 the intended spouse or civil partner] may be within the prohibited degrees of relationship for the purposes of the Marriage Act 1949 (c. 76) [F3 or for the purposes of the Civil Partnership Act 2004 (c. 33)].

(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 [F4 the Secretary of State].

Textual Amendments

F1 Words in s. 79(7)(b) inserted (30.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 79(8)(a), 263(2); S.I. 2005/3175, art. 2(9)

F2 Words in s. 79(7) substituted (30.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 79(8)(b), 263(2); S.I. 2005/3175, art. 2(9)

F3 Words in s. 79(7) inserted (30.12.2005) by The Civil Partnership Act 2004 (International Immunities and Privileges, Companies and Adoption) Order 2005 (S.I. 2005/3542), arts. 1(2), 4

F4 Words in s. 79(9) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 2 para. 12(b) (with art. 4)

Modifications etc. (not altering text)

C1 S. 79: transfer of functions (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 1 para. 12(b) (with art. 4)

C2 S. 79(1)-(3) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 2, Sch. 1

C3 S. 79(7)-(9) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 2, Sch. 1

Commencement Information

I1 S. 79 in force at 30.12.2005 by S.I. 2005/2213, art. 2(e) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

I2 S. 79(5)(7)-(9) in force at 7.12.2004 for specified purposes by S.I. 2004/3203, art. 2(1)(m)(vi)