Adoption (Intercountry Aspects) (Northern Ireland) 2001 Explanatory Notes

Section 10 - Registration of certain intercountry adoptions

34.Section 10 makes provision for the Registrar General to keep records of certain intercountry adoptions. Subsection (1) provides for an amendment to Article 50 of the 1987 Order (Adopted Children Register) which, in addition to entries currently made pursuant to adoption orders, will require the Registrar General to make such entries in the Adopted Children Register as may be required under Article 53 of the Order as amended by clause 10(2). A new paragraph (3A) sets out the conditions to be met and the procedure to be followed before the Registrar is able to make an entry of a registerable foreign adoption in the Adopted Children Register.

35.Under the 1987 Order an adoption order made in Northern Ireland should include a direction to the Registrar to make an entry in the Adopted Children Register. The new paragraph (3A) has the effect of modifying the duty imposed upon the Registrar to include an entry in the Adopted Children Register of an adoption order made under the Convention or an adoption order made overseas which meets criteria to be set out in Regulations. Requests for entry in the Register for these adoption orders will be made by application to the Registrar. Power has been taken to set out in regulations the form, content and persons by whom application may be made. The Registrar will be required to make the entry if he is satisfied that he has sufficient particulars to enable an entry to be made.

36.Section 10 also provides that the Registrar General may alter or amend the Register to take account of errors and Convention adoptions, Convention adoption orders and overseas adoptions which have ceased to have effect.

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