The Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003

Procedure following receipt of the Article 16 report from SOCA

10.—(1) Where the Central Authority receives, from SOCA, the Article 16(1) report and other information specified in Article 16(2)(2) of the Convention (“the documents”), relating to the child whom SOCA considers should be placed for adoption with the prospective adopter, the Central Authority must send the Article 16 report and the documents to the adoption agency.

(2) The adoption agency must consider the Article 16 report and the documents and–

(a) send the Article 16 report and the documents to the prospective adopter;

(b) meet with him to discuss the Article 16 report and the documents and the proposed placement; and

(c) offer a counselling service and further information as required.

(3) Where–

(a) the procedure in paragraph (2) has been followed;

(b) the prospective adopter (where the prospective adopters are a married couple, each of them) has visited the child in the State of origin; and

(c) after the visit to the child, the prospective adopter has confirmed in writing that he–

(i) has visited the child; and

(ii) wishes to proceed to adopt the child,

the adoption agency must notify the Central Authority that the requirements specified in sub-paragraphs (a) to (c) have been satisfied and, at the same time, must confirm that it is content that the adoption should proceed.

(4) Where the Central Authority has received notification from the adoption agency under paragraph (3), the Central Authority must–

(a) notify SOCA that–

(i) the prospective adopter wishes to proceed to adopt the child;

(ii) it is prepared to agree with SOCA that the adoption may proceed; and

(b) confirm to SOCA that–

(i) in the case where the requirements specified in section 1(5A) of the British Nationality Act are met that the child will be authorised to enter and reside permanently within the United Kingdom; and

(ii) in any other case, if entry clearance and leave to enter and remain, as may be necessary, is granted and not revoked or curtailed and a Convention adoption order or a Convention adoption is made, the child will be authorised to enter and reside permanently in the United Kingdom.

(5) The Central Authority must inform the adoption agency and the prospective adopter when the agreement under Article 17(c)(3) of the Convention has been made.

(6) If, at any stage before the agreement under Article 17(c) of the Convention is made, SOCA notifies the Central Authority that it has decided that the proposed placement should not proceed, the Central Authority must inform the adoption agency of SOCA’s decision and the adoption agency must then inform the prospective adopter and return the Article 16 report and the documents referred to in regulation 10(2)(a) to the Central Authority who must then return them to SOCA.

(7) If, at any stage before the child is placed with him, the prospective adopter notifies the adoption agency that he does not wish to proceed with the adoption of the child, the adoption agency must inform the Central Authority and return the Article 16 report and the documents to the Central Authority who must in turn notify SOCA of the prospective adopter’s decision and return the Article 16 report and the documents to SOCA.

(8) Following any agreement under Article 17(c) of the Convention and the placement of the child by the adoption agency with the prospective adopter, the prospective adopter must accompany the child on entering the United Kingdom.

(1)

Article 16(1) provides for SOCA to prepare a report which includes information about the child’s identity, adoptability, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child; and other specified considerations relating to the child

(2)

Article 16(2) provides for proof that the necessary consents have been obtained and the reasons for SOCA’s determination on the placement

(3)

Article 17 sets out the conditions which must be satisfied before a decision may be made by the State of origin that a child may be placed with prospective adopters. The condition at 17(c) is that the Central Authority of the State of origin and the receiving State have agreed that the adoption may proceed