- Latest available (Revised)
- Point in Time (01/06/2003)
- Original (As enacted)
Version Superseded: 30/12/2005
Point in time view as at 01/06/2003. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Family Law Act 1986, Section 57 is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Any person whose status as an adopted child of any person depends on whether he has been adopted by that person by either—
[F1(a)a Convention adoption as defined by subsection (1) of section 72 of the Adoption Act 1976 or an overseas adoption as defined by subsection (2) of that section, or]
(b)an adoption recognised by the law of England and Wales and effected under the law of any country outside the British Islands,
may apply to [F2the High Court or a county court] for one (or for one or, in the alternative, the other) of the declarations mentioned in subsection (2) below.
(2)The said declarations are—
(a)a declaration that the applicant is for the purposes of section 39 of the Adoption Act 1976 the adopted child of that person;
(b)a declaration that the applicant is not for the purposes of that section the adopted child of that person.
(3)A court shall have jurisdiction to entertain an application under subsection (1) above if, and only if, the applicant—
(a)is domiciled in England and Wales on the date of the application, or
(b)has been habitually resident in England and Wales throughout the period of one year ending with that date.
(4)Until the Adoption Act 1976 comes into force—
(a)subsection (1) above shall have effect as if for the reference to section 72(2) of that Act there were substituted a reference to section 4(3) of the M1Adoption Act 1968; and
(b)subsection (2) above shall have effect as if for the reference to section 39 of that Act there were substituted a reference to Part II of Schedule I to the M2Children Act 1975.
Textual Amendments
F1S. 57(1)(a) substituted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), s. 18(3), Sch. 2 para. 5 (with s. 17); S.I. 2003/189, art. 2(2)(h)
F2Words in s. 57(1) substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 6 (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: