S. 1 partly in force; s. 1 not in force at Royal Assent, see s. 18(3); s. 1 in force (S.) at 14.1.2003 by S.S.I. 2002/562, art. 2(a)
S. 9 partly in force; s. 9 not in force at Royal Force; s. 9 in force for certain purposes at 30.4.2001 by S.I. 2001/1279, art. 2; s. 9 in force for certain purposes at 2.7.2001 by S.S.I. 2001/235, art. 2
S. 12 partly in force; s. 12 not in force at Royal Assent see s. 18(3); s. 12 in force (S.) for certain purposes at 14.1.2003 by S.S.I. 2002/562, art. 2(b)
S. 13 partly in force; s. 13 not in force at Royal assent see s. 18(3); s. 13 in force (E.) at 31.1.2000 in so far as it inserts a new subsection (3A) in s. 72 of 1976 c.36 by S.I. 2000/52, art.2; s. 13 in force (S.) at 10.11.2000 insofar as it inserts a new subsection 3A in s. 65 of 1978 c. 28 by S.I. 2000/390, art. 2
S. 14 partly in force; s. 14 not in force at Royal Force; s. 14 in force for certain purposes at 30.4.2001 by S.I. 2001/1279, art. 2; s. 14 in force for certain purposes at 2.7.2001 by S.S.I. 2001/235, art. 2
S. 16 partly in force; s. 16 not in force at Royal assent see s. 18(3); s. 16(2) in force at 16.10.2000 by S.I. 2000/2821, art. 2
S. 2(2A) inserted (30.4.2003 for W.) by Care Standards Act 2000 (c. 14), s. 122, Sch. 4 para. 27(a); S.I. 2003/501, art. 2(3)(a)
S. 2(5) substituted (30.4.2003 for W.) by Care Standards Act 2000 (c. 14), s. 122, Sch. 4 para. 27(b); S.I. 2003/501, art. 2(3)(a)
S. 10 repealed (30.4.2003 for W., 1.6.2003 for E.) by Care Standards Act 2000 (c. 14), s. 122, Sch. 6; S.I. 2003/365, art. 3(6)(b) (with Sch.); S.I. 2003/501, art. 2(3)(b)
s. 1(1) applied (prosp.) by 2000 c. 14, ss. 46(7)(d), 122
S. 18(3): power partly exercised: 31.1.2000 appointed for specified provision by S.I. 2000/52, art. 2
S. 18(3): power partly exercised: 16.10.2000 appointed for specified provision by S.I. 2000/2821, art. 2
S. 18(3): power partly exercised: 2.6.2000 appointed for specified provision by S.I. 2000/390, art. 2
S. 18(3):power partly exercised: 14.1.2003 appointed (S.) for specified provisions by S.S.I. 2002/562, art. 2
Subject to the provisions of this Act, regulations made by the Secretary of State may make provision for giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993 (“the Convention”).
The text of the Convention (so far as material) is set out in Schedule 1 to this Act.
Regulations under this section may—
apply, with or without modifications, any provision of the enactments relating to adoption;
provide that any person who contravenes or fails to comply with any provision of the regulations is to be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both;
make different provision for different purposes or areas; and
make such incidental, supplementary, consequential or transitional provision as appears to the Secretary of State to be expedient.
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to subsection (6), any power to make subordinate legislation under or for the purposes of the enactments relating to adoption includes power to do so with a view to giving effect to the provisions of the Convention.
Subsection (5) does not apply in relation to any power which is exercisable by the National Assembly for Wales.
The functions under the Convention of the Central Authority are to be discharged—
separately in relation to England and Scotland by the Secretary of State; and
in relation to Wales by the National Assembly for Wales.
A communication may be sent to the Central Authority in relation to any part of Great Britain by sending it (for forwarding if necessary) to the Central Authority in relation to England.
A voluntary adoption agency in respect of which a person is registered under Part II of the Care Standards Act 2000 is an accredited body for the purposes of the Convention if, in accordance with the conditions of the registration, the agency may provide facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders.
An approved adoption society is an accredited body for the purposes of the Convention if the approval extends to the provision of facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders.
The functions under Article 9(a) to (c) of the Convention are to be discharged by local authorities and accredited bodies on behalf of the Central Authority.
approved adoption society” has the same meaning as in Part I of the Adoption Act 1976 (“the 1976 Act”); and expressions which are also used in that Act have the same meanings as in that Act.
In this section in its application to Scotland, “
An adoption order shall be made as a Convention adoption order if— the application is for a Convention adoption order; and such requirements as may be prescribed by regulations made by the Secretary of State are complied with.
which is a Convention adoption;
Where, in the case of a Convention adoption, the High Court is satisfied, on an application under this subsection— that under the law of the country in which the adoption was effected the adoption is not a full adoption; that the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption, or that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention); and that it would be more favourable to the adopted child for a direction to be given under this subsection, the Court may direct that subsection (2) shall not apply, or shall not apply to such extent as may be specified in the direction. In this subsection “ The following provisions of the section 59 (provisions relating to the Attorney General); and section 60 (supplementary provision as to declarations), shall apply in relation to, and to an application for, a direction under subsection (3A) as they apply in relation to, and to an application for, a declaration under Part III of that Act.
a Convention adoption;
Where, in the case of a child adopted under a Convention adoption, the Court of Session is satisfied, on an application under this subsection— that under the law of the country in which the adoption was effected the adoption is not a full adoption; that the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption, or that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention); and that it would be more favourable to the child for a direction to be given under this subsection, the Court may direct that sub-paragraph (ii) of, as the case may be, paragraph (a), (b) or (c) of subsection (1) shall not apply, or shall not apply to such extent as may be specified in the direction: and in this subsection “
The High Court may, on an application under this subsection, by order annul a Convention adoption or a Convention adoption order on the ground that the adoption or order is contrary to public policy.
In subsection (4) of section 54 of the 1976 Act (provisions supplementary to sections 52(3) and 53), and in subsection (4) of section 48 of the 1978 Act (provisions supplementary to sections 46(2) and 47), the definitions of “notified provision” and “relevant time” shall cease to have effect.
Where— an authority of a Convention country (other than the United Kingdom) having power under the law of that country— to authorise, or review the authorisation of, a Convention adoption; or to give or review a decision revoking or annulling such an adoption or a Convention adoption order; or an authority of any of the Channel Islands, the Isle of Man or any colony having power under the law of that territory— to authorise, or review the authorisation of, a Convention adoption or an adoption effected in that territory; or to give or review a decision revoking or annulling such an adoption or a Convention adoption order, makes a determination in the exercise of that power, then, subject to section 53 and any subsequent determination having effect under this subsection, the determination shall have effect in England and Wales for the purpose of effecting, confirming or terminating the adoption in question or confirming its termination as the case may be.
Where— any court in the United Kingdom makes an order authorising the adoption of a minor who is not a British citizen; or a minor who is not a British citizen is adopted under a Convention adoption, that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be. Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)— the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and in a case within subsection (5)(b), the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the United Kingdom.
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In this Part, references to adoption are to the adoption of children, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In relation to— an adoption proposed to be effected by a Convention adoption order; or an adoption of a child habitually resident outside the British Islands which is proposed to be effected by an adoption order other than a Convention adoption order, subsection (1) shall have effect as if the reference to the preceding 13 weeks were a reference to the preceding six months.
directed to be made in it by adoption orders, or required to be made under Schedule 1 to this Act, and no other entries, shall be made.
In paragraph 1 of Schedule 1 to the 1976 and 1978 Acts (registration of adoption orders), sub-paragraph (2) shall cease to have effect.
If the Registrar General is satisfied, on an application under this paragraph, that he has sufficient particulars relating to a child adopted under a registrable foreign adoption to enable an entry to be made in the Adopted Children Register for the child— he must make the entry accordingly, and if he is also satisfied that an entry in the Registers of Births relates to the child, he must secure that the entry in those Registers is marked “Adopted” or “Re-adopted”, as the case may be, followed by the name in brackets of the country in which the adoption was effected. An entry made in the Adopted Children Register by virtue of this paragraph must be made in the specified form. An application under this paragraph must be made, in the specified manner, by a specified person and give the specified particulars. In this paragraph— “ “
In this Act, in relation to the proposed adoption of a child resident outside the British Islands, references to arrangements for the adoption of a child include references to arrangements for an assessment for the purpose of indicating whether a person is suitable to adopt a child or not. In this Act, in relation to— an adoption proposed to be effected by a Convention adoption order; or an adoption of a child habitually resident outside the British Islands which is proposed to be effected by an adoption order other than a Convention adoption order, references to a child placed with any persons by an adoption agency include references to a child who, in pursuance of arrangements made by such an agency, has been adopted by or placed with those persons under the law of a country or territory outside the British Islands.
A person habitually resident in the British Islands who at any time brings into the United Kingdom for the purpose of adoption a child who is habitually resident outside those Islands shall be guilty of an offence unless such requirements as may be prescribed by regulations made by the Secretary of State are satisfied either— before that time; or within such period beginning with that time as may be so prescribed. Subsection (1) does not apply where the child is brought into the United Kingdom for the purpose of adoption by a parent, guardian or relative. A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both. Proceedings for an offence under this section may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.
The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the provisions of this Act.
The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in that Schedule.
Any function of the Secretary of State under section 1 or 18(3), or section 17 or 56A of the 1976 Act, is exercisable only after consultation with the National Assembly for Wales.
For the purposes of the
In relation to—
a 1965 Convention adoption order or an application for such an order; or
a 1965 Convention adoption,
the 1976 and 1978 Acts shall have effect without the amendments made by sections 3 to 6 and 8 and Schedule 2 to this Act and the associated repeals made by Schedule 3 to this Act.
In subsection (1) in its application to the 1976 or 1978 Act—
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This Act may be cited as the Adoption (Intercountry Aspects) Act 1999.
In this Act—
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“
“
This Act, except this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed for different purposes.
Subject to subsection (5), this Act extends to Great Britain only.
Any amendment of an enactment which extends to any other part of the British Islands or any colony also extends to that part or colony.