SCHEDULE 1APPLICATION OF PART XIIZA OF THE ACT TO ADOPTIONS FROM OVERSEAS

Regulation 2

Provision

Modification

Section 167ZB(2)

For “The conditions are” substitute “Subject to subsection (3A), the conditions are”.

In paragraph (a)(i), for “who is placed for adoption under the law of any part of the United Kingdom” substitute “who is adopted from overseas”.

In paragraph (a)(ii), for “a person with whom the child is so placed for adoption” substitute “an adopter of the child”.

In paragraph (d), for “the day on which the child is placed for adoption” substitute “the day on which the child enters Northern Ireland”.

In paragraph (e), for “a person with whom the child is placed for adoption” substitute “an adopter of the child”.

Section 167ZB(3)

For “the adopter is notified of being matched with the child for the purposes of adoption” substitute “official notification is sent to the adopter”.

After subsection (3), insert the following subsection –

“(3A)

Where at the time that the adopter is sent official notification the person has been in employed earner’s employment with an employer for less than a continuous period of 26 weeks, subsection (2)(b) shall have effect as if the words “ending with the relevant week” were omitted.”.

Section 167ZB(6)

For “the placement for adoption of more than one child as part of the same arrangement” substitute “the adoption from overseas of more than one child as part of the same arrangement”.

Section 167ZB(7)

Omit subsection (7).

Section 167ZE(3)

In paragraph (b), for “with the date of the child’s placement for adoption” substitute “with the date of the child’s entry into Northern Ireland”.

Section 167ZE(10)

For subsection (10) substitute –

“(10)

Where more than one child is the subject of adoption from overseas as part of the same arrangement, and the date of entry of each child is different, the reference in subsection (3)(b) to the date of the child’s entry into Northern Ireland shall be interpreted as a reference to the date of the entry of the first child to enter Northern Ireland.”.

Section 167ZJ(1)

In the appropriate places in the alphabetical order, insert –

““adopter”, in relation to a child, means a person by whom the child has been or is to be adopted;”

““adoption from overseas” means the adoption of a child who enters Northern Ireland from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and the references to a child adopted from overseas shall be construed accordingly;”

““official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent;”

““relevant domestic authority” means –

(a)

in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 apply, the Department of Health, Social Services and Public Safety; and

(b)

in any other case, the Secretary of State.”.