The Adopted Children and Adoption Contact Registers Regulations 2005

PART 2 ADOPTED CHILDREN REGISTER

Form of entry in the Adopted Children Register

2.—(1) For the purposes of paragraph 1(1) of Schedule 1 to the Act (form of entry in the Adopted Children Register), the prescribed form of entry pursuant to a direction in an adoption order made by—

(a) a court sitting in England, is the form set out in Schedule 1; and

(b) a court sitting in Wales, is the form set out in Schedule 2.

(2) For the purposes of paragraph 3(4) of Schedule 1 to the Act (form of entry in the Adopted Children Register – registrable foreign adoption), the prescribed form of entry—

(a) in the case of an adopted child habitually resident in England, is the form set out in Schedule 1; and

(b) in the case of an adopted child habitually resident in Wales, is the form set out in Schedule 2.

Registrable foreign adoption

3.  For the the purposes of paragraph 3(5) of Schedule 1 to the Act (meaning of registrable foreign adoption), the prescribed requirement is that at the time the Convention adoption(1) or overseas adoption(2) is effected, the adoptive parent or, in the case of a couple, both adoptive parents, are habitually resident in England or Wales.

Persons who may make an application

4.  For the purposes of paragraph 3(3) of Schedule 1 to the Act (application in relation to a registrable foreign adoption), the prescribed persons are—

(a) the adoptive parent or, in the case of a couple, one of the adoptive parents of the adopted child;

(b) any other person who has parental responsibility within the meaning of section 3 of the Children Act 1989(3) for the adopted child;

(c) the adopted person if he has attained the age of 18 years.

Manner of application and prescribed documents and other information

5.—(1) An application under paragraph 3 of Schedule 1 to the Act (application in relation to registrable foreign adoption) shall be made in writing and signed by the person making the application.

(2) For the purposes of paragraph 3(3) of Schedule 1 to the Act, the prescribed documents and other information are—

(a) in the case of a Convention adoption, the copy of the certificate sent to the adoptive parents by the relevant Central Authority in accordance with regulation 32 of the Adoptions with a Foreign Element Regulations 2005(4) and the date on which the adoption was effected;

(b) in the case of an overseas adoption, the evidence in accordance with article 4 of the Adoption (Designation of Overseas Adoptions) Order 1973(5) or an order made under section 87(1) of the Act that the adoption has been effected, and the date on which the adoption was effected;

(c) subject to paragraph (3), the adopted child's—

(i) full name on adoption and any previous names;

(ii) sex;

(iii) date of birth; and

(iv) place and country of birth;

(d) subject to paragraph (3), the full name and any previous names of the natural father and natural mother;

(e) subject to paragraph (3), the full name, any previous names, address and occupation of the adoptive parent or parents; and

(f) the capacity in which the person is making the application.

(3) Where the applicant does not have the information specified in sub-paragraphs (c) to (e) of paragraph (2), that person shall state the extent to which such information is not known.

(4) Where any of the above documents or information are not in English or Welsh, the applicant shall provide a translation into English of the application, duly signed and endorsed by the translator with the following particulars—

(a) the name, address, and occupation of the translator; and

(b) a statement to the effect that the translation is true and accurate.

(1)

“Convention adoption” is given a meaning by virtue of section 66(1)(c) of the Act.

(2)

See section 87(1) of the Act.

(3)

1989 c. 41.

(4)

S.I. 2005/392.

(5)

S.I. 1973/19 amended by S.I. 1993/690.