The Adoptions with a Foreign Element Regulations 2005

Requirements in respect of giving parental responsibility prior to a proposed Convention adoption

48.  In the case of a proposed Convention adoption, the prescribed requirements for the purposes of section 84(3) of the Act (requirements to be satisfied prior to making an order) are—

(a) the competent authorities of the receiving State have—

(i) prepared a report for the purposes of Article 15 of the Convention;

(ii) determined and confirmed in writing that the prospective adoptive parent is eligible and suitable to adopt;

(iii) ensured and confirmed in writing that the prospective adoptive parent has been counselled as may be necessary; and

(iv) determined and confirmed in writing that the child is or will be authorised to enter and reside permanently in that State;

(b) the report required for the purposes of Article 16(1) of the Convention has been prepared by the adoption agency;

(c) the adoption agency confirms in writing that it has complied with the requirements imposed upon it under Part 3 of the Agencies Regulations or corresponding Welsh provision and this Chapter;

(d) the adoption agency has obtained and made available to the court—

(i) the reports and information referred to in regulation 17(1) and (2) of the Agencies Regulations or corresponding Welsh provision;

(ii) the recommendation made by the adoption panel in accordance with regulations 18 and 33 of the Agencies Regulations or corresponding Welsh provisions; and

(iii) the adoption placement report prepared in accordance with regulation 31(2) of the Agencies Regulations or corresponding Welsh provision;

(e) the adoption agency includes in their report submitted to the court in accordance with section 43(a) or 44(5) of the Act as modified respectively by regulation 11, details of any reviews and visits carried out as consequence of Part 6 of the Agencies Regulations or corresponding Welsh provision; and

(f) the prospective adopter has confirmed in writing that he will accompany the child on taking the child out of the United Kingdom to travel to the receiving State or in the case of a couple the agency and competent foreign authority have confirmed that it is necessary for only one of them to do so.