The Intercountry Adoption (Hague Convention) Regulations 2003

Preparation of the Article 16 information for the CA of the receiving State

31.—(1) Where the LA decides under regulation 30 that the proposed placement is in the best interests of the child and the adoption may proceed, it must prepare a report for the purposes of Article 16(1) of the Convention which must include—

(a) information about the child’s identity, suitability for adoption, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child; and

(b) the reasons for their decision.

(2) The LA must send the report referred to in paragraph (1) to the relevant Central Authority together with—

(a) evidence that a freeing order has been made in respect of the child;

(b) written observations relating to the child’s upbringing and to his or her ethnic, religious and cultural background; and

(c) the report, if any, referred to in regulation 25(2)(b)(ii).

(3) The relevant Central Authority must send the report and information referred to it under paragraph (2) to the CA of the receiving State.

(4) The relevant Central Authority may notify the CA of the receiving State that it is prepared to agree that the adoption may proceed provided that CA has confirmed that—

(a) the Convention prospective adopter has agreed to adopt the child and has received such counselling as may be necessary;

(b) the Convention prospective adopter has confirmed that he will accompany the child to the receiving State, unless where the Convention prospective adopter is a married couple, the LA and the CA of the receiving State have agreed that it is necessary for only one of them to do so;

(c) it is content for the adoption to proceed; and

(d) the child is or will be authorised to enter and reside permanently in the Convention country if a Convention adoption is made in that Convention country or a Convention adoption order is made in the United Kingdom.

(5) Subject to paragraph (7), the relevant Central Authority may not make an agreement under Article 17(c) of the Convention with the CA of the receiving State unless the LA have confirmed to that Authority that—

(a) it has met the Convention prospective adopter;

(b) the Convention prospective adopter has visited the child; and

(c) the Convention prospective adopter is content for the adoption to proceed.

(6) A LA may not place a child for adoption with a Convention prospective adopter unless the agreement under Article 17(c) of the Convention has been made and the relevant Central Authority must advise the LA when that agreement has been made.

(7) In paragraph (5), the reference to “Convention prospective adopter” means in the case where the Convention prospective adopters are a married couple, both of them.