The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005

Contacting the appropriate adoption agency U.K.

12.—(1) The intermediary agency must (unless it is the appropriate adoption agency) take reasonable steps to establish whether an adoption agency was involved in the adoption and, if so, to identify the appropriate adoption agency.

[F1 (2) The steps referred to in paragraph (1) may include—

(a) requesting in writing from the Registrar General any information under regulation 13 that may be relevant for that purpose;

(b) requesting in writing from the court that made the adoption order information about the identity of the appropriate adoption agency;

(c) making enquiries of the local authority for the area where the adoption took place.]

(3) Where the appropriate adoption agency has been identified, the intermediary agency must [F2 take all reasonable steps to] contact that agency in order to—

(a) ascertain whether a veto under regulation 8 exists;

(b) if no veto exists—

[F3 (i) ascertain whether the adopted person has, at any time, expressed his views to the agency about—

(aa) any future contact with any relative of his;

(bb) any future contact between people with a prescribed relationship to him and his relatives; or

(cc) his being approached with regard to such contact; and]

(ii) ascertain the agency’s views as to whether the application is appropriate having regard to the matters mentioned in regulation 6; and

[F4 (c) seek any other information required for the following purposes—

(i) tracing the adopted person and, where the adopted person is not the subject, any other subject;

(ii) enabling the adopted person to make an informed decision as to whether he consents to—

(aa) the disclosure of identifying information about him;

(bb) an application proceeding to facilitate contact between a relative of his and a person with a prescribed relationship to him; or

(cc) contact with the applicant;

(iii) enabling any other subject to make an informed decision as to whether he consents to—

(aa) the disclosure of identifying information about him; or

(bb) contact with the applicant;

(iv) counselling the subject and, where they are not the subject, the adopted person in relation to that decision; and

(v) counselling the applicant.]

(4) Unless a veto under regulation 8 applies, the appropriate adoption agency must take reasonable steps to provide the information sought from it under paragraph (3) [F5 or under corresponding Welsh provision] and may disclose to the intermediary agency such information (including identifying information) as is necessary for that purpose.

[F6 (5) “Intermediary agency” for the purposes of paragraph (4) includes an intermediary agency as defined under corresponding Welsh provision.]

Textual Amendments

F1 Reg. 12(2) substituted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 5(a)

F2 Words in reg. 12(3) inserted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 5(b)

F3 Reg. 12(3)(b)(i) substituted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 12(a)

F4 Reg. 12(3)(c) substituted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 12(b)

F5 Words in reg. 12(4) inserted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 5(c)

F6 Reg. 12(5) inserted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 5(d)

Commencement Information

I1 Reg. 12 in force at 30.12.2005, see reg. 1(1)