The Intercountry Adoption (Hague Convention) Regulations 2003

Duty of adoption agency in respect of assessment of a child

25.—(1) This regulation applies where—

(a) a local authority (referred to in this Part as “the LA”)—

(i) has decided that adoption is in the best interests of a child under regulation 11(1) of the Adoption Agencies Regulations (“the first decision”);

(ii) has considered the possibilities for placement of that child within the British Islands; and

(iii) considers that adoption by a person habitually resident in a Convention country outside the British Islands may be in the child’s best interests; and

(b) the child is free for adoption by virtue of an order made under section 18 of the 1976 Act, section 18 of the Adoption (Scotland) Act 1978(1) or Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987(2).

(2) The LA must refer the case of the child to the adoption panel together with—

(a) the documents referred to in regulation 7(2)(e) of the Adoption Agencies Regulations originally sent to the adoption panel; and

(b) a report from the child’s social worker—

(i) as to why he considers that adoption by a person habitually resident in a Convention country outside the British Islands may be in the child’s best interests, and

(ii) if appropriate, having regard to the child’s age and understanding, on the child’s views and wishes in relation to adoption.

(1)

1978 c. 28.

(2)

S.I. 1987/2203 (N.I. 22).