The Adopted Children and Adoption Contact Registers Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in relation to the Adopted Children Register and the Adoption Contact Register maintained by the Registrar General under the Adoption and Children Act 2002 (“the Act”).

Part 2 makes provision in relation to the Adopted Children Register. Regulation 2 prescribes the form of entry in the Register, which is made pursuant to a direction of the court in an adoption order, including the form of entry in the case of a registrable foreign adoption. The form of entry is set out in Schedule 1 (England) and Schedule 2 (Wales).

Regulation 3 prescribes the requirements that a registrable foreign adoption must meet. Regulation 4 specifies who may make an application relating to a child adopted under a registrable foreign adoption. Regulation 5 prescribes the manner in which such an application should be made and the documents and other information required by the Registrar General.

Part 3 makes provision in relation to the Adoption Contact Register. Regulation 6 prescribes the information to be contained in Part 1 of the Register in relation to adopted persons who have given the prescribed notice expressing their wishes as to making contact with their relatives. The prescribed notice for entry in Part 1 of the Register is set out in Schedule 3. Regulation 7 prescribes the information to be contained in Part 2 of the Register in relation to relatives of adopted persons who have given notice expressing their wishes as to making contact with adopted persons. The prescribed notice for entry in Part 2 of the Register is set out in Schedule 4. The Registrar General must give an adopted person whose name is in Part 1 of the Register information about any relative of his entered in Part 2 of the Register (regulation 8). Regulation 9 makes provision in relation to the fees payable in respect of making entries in the Register.

Part 4 makes provision in relation to the obtaining of information from the Adopted Children Register and on the connection between this Register and birth records. Regulation 10 specifies the information required from applicants who wish to obtain certified copies of entries in the Adopted Children Register relating to adopted persons under the age of 18 years. Regulation 11 specifies the manner of an application by an appropriate adoption agency for information in respect of an adopted person whose record of birth is kept by the Registrar General and which would enable that person to obtain a copy of the record of his birth. Regulation 12 applies to adoptions before the appointed day and prescribes the manner of an application for information necessary to enable an adopted person to obtain a certified copy of the record of his birth. Regulation 13 prescribes the manner of application by an adopted person who is under the age of 18 years and intends to be married or form a civil partnership.

These Regulations do not impose a charge on business.