The services maintained by local authorities under section 3(1) may be collectively referred to as “the Adoption Service”, and a local authority or registered adoption society may be referred to as an adoption agency.

In this Act, “registered adoption society” means a voluntary organisation which is an adoption society registered under Part 2 of the Care Standards Act 2000 (c. 14); but in relation to the provision of any facility of the Adoption Service, references to a registered adoption society or to an adoption agency do not include an adoption society which is not registered in respect of that facility.

A registered adoption society is to be treated as registered in respect of any facility of the Adoption Service unless it is a condition of its registration that it does not provide that facility.

No application for registration under Part 2 of the Care Standards Act 2000 may be made in respect of an adoption society which is an unincorporated body.

In this Act—

• “the 1989 Act” means the Children Act 1989 (c. 41),

• “adoption society” means a body whose functions consist of or include making arrangements for the adoption of children,

• “voluntary organisation” means a body other than a public or local authority the activities of which are not carried on for profit.

The power to make regulations under subsection (6)(b) is to be exercised so as to secure that local authorities provide financial support.

In this Chapter, references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.

The facilities of the service must be provided in conjunction with the local authority’s other social services and with registered adoption societies in their area, so that help may be given in a co-ordinated manner without duplication, omission or avoidable delay.

The social services referred to in subsection (5) are the functions of a local authority which are social services functions within the meaning of the Local Authority Social Services Act 1970 (c. 42) (which include, in particular, those functions in so far as they relate to children).

A local authority may, at the request of any person, carry out an assessment of that person’s needs for adoption support services.

A local authority may request the help of the persons mentioned in paragraph (a) or (b) of section 3(4) in carrying out an assessment.

Where, as a result of an assessment, a local authority decide that a person has needs for adoption support services, they must then decide whether to provide any such services to that person.

Regulations may make provision about assessments, preparing and reviewing plans, the provision of adoption support services in accordance with plans and reviewing the provision of adoption support services.

A local authority may carry out an assessment of the needs of any person under this section at the same time as an assessment of his needs is made under any other enactment.

Where it appears to a local authority that another local authority could, by taking any specified action, help in the exercise of any of their functions under this section, they may request the help of that other local authority, specifying the action in question.

A local authority whose help is so requested must comply with the request if it is consistent with the exercise of their functions.

The appropriate Minister may, in relation to such functions of the society as relate to children, direct what appears to him to be the appropriate local authority to take any such action as might have been taken by the society or by the society jointly with the authority.

The appropriate Minister may charge the society for expenses necessarily incurred by him or on his behalf in securing the transfer of its functions relating to children.

Before giving a direction under subsection (2) the appropriate Minister must, if practicable, consult both the society and the authority.

The extent of the power to make regulations under this section is not limited by sections 10 to 12, 45, 54, 56 to 65 and 98 or by any other powers exercisable in respect of local authorities, voluntary adoption agencies or adoption support agencies.

Regulations may provide that a person who contravenes or fails to comply with any provision of regulations under this section is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

In this section and section 10, “voluntary adoption agency” means a voluntary organisation which is an adoption society.

Regulations made by virtue of subsection (1)(a) may, in particular, make provision for prohibiting persons from working in prescribed positions unless they are registered in, or in a particular part of, one of the registers maintained under section 56(1) of the Care Standards Act 2000 (c. 14) (registration of social care workers).

Regulations under section 9 may prescribe the fees which may be charged by local authorities in respect of the provision of prescribed facilities of the Adoption Service where the following conditions are met.

Regulations under section 9 may prescribe the fees which may be charged by adoption agencies in respect of the provision of counselling, where the counselling is provided in connection with the disclosure of information in relation to a person’s adoption.

Regulations under section 9 may establish a procedure under which any person in respect of whom a qualifying determination has been made by an adoption agency may apply to a panel constituted by the appropriate Minister for a review of that determination.

The regulations must make provision as to the description of determinations which are qualifying determinations for the purposes of subsection (1).

The appropriate Minister may make an arrangement with an organisation under which functions in relation to the panel are performed by the organisation on his behalf.

If the appropriate Minister makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by the appropriate Minister.

The arrangement may include provision for payments to be made to the organisation by the appropriate Minister.

Where the appropriate Minister is the Assembly, subsections (4) and (6) also apply as if references to an organisation included references to the Secretary of State.

In this section, “organisation” includes a public body and a private or voluntary organisation.

In subsection (2), “relevant officer”, in relation to a county court or the High Court, means the officer of that court who is designated to act for the purposes of that subsection by a direction given by the Lord Chancellor.

The information required to be given to the appropriate Minister under this section must be given at the times, and in the form, directed by him.

The appropriate Minister may publish from time to time abstracts of the information given to him under this section.

If the appropriate Minister is satisfied that any local authority have failed, without reasonable excuse, to comply with any of the duties imposed on them by virtue of this Act or of section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 (c. 18), he may make an order declaring that authority to be in default in respect of that duty.

An order under subsection (1) must give the appropriate Minister’s reasons for making it.

An order under subsection (1) may contain such directions as appear to the appropriate Minister to be necessary for the purpose of ensuring that, within the period specified in the order, the duty is complied with.

Any such directions are enforceable, on the appropriate Minister’s application, by a mandatory order.

An inspection under this section must be conducted by a person authorised by the appropriate Minister.

An officer of a local authority may only be so authorised with the consent of the authority.

A person authorised to inspect any records under this section may at any reasonable time have access to, and inspect and check the operation of, any computer (and associated apparatus) which is being or has been used in connection with the records in question.

A person exercising a power under this section must, if required to do so, produce a duly authenticated document showing his authority.

Any person who intentionally obstructs another in the exercise of a power under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

An adoption agency may only place a child for adoption with prospective adopters if the agency is satisfied that the child ought to be placed for adoption.

A child who is placed or authorised to be placed for adoption with prospective adopters by a local authority is looked after by the authority.

References in this Chapter to an adoption agency being, or not being, authorised to place a child for adoption are to the agency being or (as the case may be) not being authorised to do so under section 19 or a placement order.

This section is subject to sections 30 to 35 (removal of children placed by adoption agencies).

Consent to a child being placed for adoption with prospective adopters identified in the consent may be combined with consent to the child subsequently being placed for adoption with any prospective adopters who may be chosen by the agency in circumstances where the child is removed from or returned by the identified prospective adopters.

References in this Act to a child placed for adoption under this section include a child who was placed under this section with prospective adopters and continues to be placed with them, whether or not consent to the placement has been withdrawn.

This section is subject to section 52 (parental etc. consent).

A parent or guardian of a child who consents to the child being placed for adoption by an adoption agency under section 19 may, at the same or any subsequent time, consent to the making of a future adoption order.

A person may withdraw any consent given under this section.

A notice under subsection (4) has effect from the time when it is received by the adoption agency but has no effect if the person concerned has withdrawn his consent.

This section is subject to section 52 (parental etc. consent).

A placement order is an order made by the court authorising a local authority to place a child for adoption with any prospective adopters who may be chosen by the authority.

The court may vary a placement order so as to substitute another local authority for the local authority authorised by the order to place the child for adoption.

The variation may only be made on the joint application of both authorities.

The court may revoke a placement order on the application of any person.

The court cannot give leave under subsection (2)(a) unless satisfied that there has been a change in circumstances since the order was made.

If the court determines, on an application for an adoption order, not to make the order, it may revoke any placement order in respect of the child.

Parental responsibility for the child is given to the agency concerned.

While the child is placed with prospective adopters, parental responsibility is given to them.

The agency may determine that the parental responsibility of any parent or guardian, or of prospective adopters, is to be restricted to the extent specified in the determination.

On an adoption agency being authorised to place a child for adoption, or placing a child for adoption who is less than six weeks old, any provision for contact under the 1989 Act ceases to have effect.

When making a placement order, the court may on its own initiative make an order under this section.

This section does not prevent an application for a contact order under section 8 of the 1989 Act being made where the application is to be heard together with an application for an adoption order in respect of the child.

In this section, “provision for contact under the 1989 Act” means a contact order under section 8 of that Act or an order under section 34 of that Act (parental contact with children in care).

An order under section 26 may provide for contact on any conditions the court considers appropriate.

Subsection (3) does not prevent the removal of a child from the United Kingdom for a period of less than one month by a person who provides the child’s home.

On the making of a placement order in respect of a child, any order mentioned in section 8(1) of the 1989 Act, and any supervision order in respect of the child, ceases to have effect.

Section 14A(7) of the 1989 Act applies in respect of an application for a special guardianship order for which leave has been given as mentioned in subsection (5)(b) with the omission of the words “the beginning of the period of three months ending with”.

This section is subject to sections 31 to 33 but those sections do not apply if the child is subject to a care order.

This group of sections (that is, this section and those sections) apply whether or not the child in question is in England and Wales.

This group of sections does not affect the exercise by any local authority or other person of any power conferred by any enactment, other than section 20(8) of the 1989 Act (removal of children from local authority accommodation).

This group of sections does not prevent the removal of a child who is arrested.

A person who removes a child in contravention of this section is 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.

If any parent or guardian of the child informs the agency that he wishes the child to be returned to him, the agency must return the child to him within the period of seven days beginning with the request unless an application is, or has been, made for a placement order and the application has not been disposed of.

The agency must give notice of the parent’s or guardian’s wish to the prospective adopters who must return the child to the agency within the period of seven days beginning with the day on which the notice is given.

A prospective adopter who fails to comply with subsection (4) is 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.

As soon as a child is returned to an adoption agency under subsection (4), the agency must return the child to the parent or guardian in question.

A prospective adopter who fails to comply with subsection (2)(b) is 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.

As soon as a child is returned to an adoption agency under this section, the agency must return the child to the parent or guardian in question.

The prospective adopters must return the child to the authority on a date determined by the court.

A prospective adopter who fails to comply with subsection (2) is 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.

As soon as a child is returned to the authority, they must return the child to the parent or guardian in question.

A person who removes a child in contravention of subsection (1) is guilty of an offence.

Where a court revoking a placement order in respect of a child determines that the child is not to remain with any former prospective adopters with whom the child is placed, they must return the child to the local authority within the period determined by the court for the purpose; and a person who fails to do so is guilty of an offence.

Where a court revoking a placement order in respect of a child determines that the child is to be returned to a parent or guardian, the local authority must return the child to the parent or guardian as soon as the child is returned to the authority or, where the child is in accommodation provided by the authority, at once.

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.

This section does not affect the exercise by any local authority or other person of a power conferred by any enactment, other than section 20(8) of the 1989 Act.

This section does not prevent the removal of a child who is arrested.

This section applies whether or not the child in question is in England and Wales.

If the agency gives notice under subsection (2)(b), it must give notice to any parent or guardian of the child of the obligation to return the child to the agency.

A prospective adopter who fails to comply with subsection (2) is 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.

This section applies whether or not the child in question is in England and Wales.

For the purposes of this group of sections, if the people concerned apply for leave to apply for an adoption order under section 42(6) and the leave is granted, the application for leave is not to be treated as disposed of until the period of three days beginning with the granting of the leave has expired.

This section does not prevent the removal of a child who is arrested.

Where a parent or guardian may remove a child from the people concerned in accordance with the provisions of this group of sections, the people concerned must at the request of the parent or guardian return the child to the parent or guardian at once.

This group of sections applies whether or not the child in question is in England and Wales.

This section applies if the child’s home is with local authority foster parents.

This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.

Premises may only be specified under subsection (2)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.

A person who intentionally obstructs a person exercising a power of removal conferred by the order is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person must comply with a request to disclose information as required by the order even if the information sought might constitute evidence that he had committed an offence.

An order under this section has effect in relation to Scotland as if it were an order made by the Court of Session which that court had jurisdiction to make.

If the applicant or one of the applicants is the partner of a parent of the child, the condition is that the child must have had his home with the applicant or, as the case may be, applicants at all times during the period of six months preceding the application.

If the applicants are local authority foster parents, the condition is that the child must have had his home with the applicants at all times during the period of one year preceding the application.

In any other case, the condition is that the child must have had his home with the applicant or, in the case of an application by a couple, with one or both of them for not less than three years (whether continuous or not) during the period of five years preceding the application.

But subsections (4) and (5) do not prevent an application being made if the court gives leave to make it.

This section applies where persons (referred to in this section as “proposed adopters”) wish to adopt a child who is not placed for adoption with them by an adoption agency.

An adoption order may not be made in respect of the child unless the proposed adopters have given notice to the appropriate local authority of their intention to apply for the adoption order (referred to in this Act as a “notice of intention to adopt”).

The notice must be given not more than two years, or less than three months, before the date on which the application for the adoption order is made.

On receipt of a notice of intention to adopt, the local authority must arrange for the investigation of the matter and submit to the court a report of the investigation.

In particular, the investigation must, so far as practicable, include the suitability of the proposed adopters and any other matters relevant to the operation of section 1 in relation to the application.

If a local authority receive a notice of intention to adopt in respect of a child whom they know was (immediately before the notice was given) looked after by another local authority, they must, not more than seven days after the receipt of the notice, inform the other local authority in writing that they have received the notice.

Regulations under section 9 may make provision as to the matters to be taken into account by an adoption agency in determining, or making any report in respect of, the suitability of any persons to adopt a child.

In particular, the regulations may make provision for the purpose of securing that, in determining the suitability of a couple to adopt a child, proper regard is had to the need for stability and permanence in their relationship.

An adoption order is an order made by the court on an application under section 50 or 51 giving parental responsibility for a child to the adopters or adopter.

An adoption order may be made even if the child to be adopted is already an adopted child.

Before making an adoption order, the court must consider whether there should be arrangements for allowing any person contact with the child; and for that purpose the court must consider any existing or proposed arrangements and obtain any views of the parties to the proceedings.

An adoption order may not be made if the child has a parent or guardian unless one of the following three conditions is met; but this section is subject to section 52 (parental etc. consent).

A parent or guardian may not oppose the making of an adoption order under subsection (2)(b) without the court’s leave.

A parent or guardian may not oppose the making of an adoption order under the second condition without the court’s leave.

The court cannot give leave under subsection (3) or (5) unless satisfied that there has been a change in circumstances since the consent of the parent or guardian was given or, as the case may be, the placement order was made.

An adoption order may not be made in relation to a person who is or has been married.

An adoption order may not be made in relation to a person who has attained the age of 19 years.

The court may not hear an application for an adoption order in relation to a child, where a previous application to which subsection (2) applies made in relation to the child by the same persons was refused by any court, unless it appears to the court that, because of a change in circumstances or for any other reason, it is proper to hear the application.

The first condition is that at least one of the couple (in the case of an application under section 50) or the applicant (in the case of an application under section 51) is domiciled in a part of the British Islands.

The second condition is that both of the couple (in the case of an application under section 50) or the applicant (in the case of an application under section 51) have been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of the application.

An application for an adoption order may only be made if the person to be adopted has not attained the age of 18 years on the date of the application.

References in this Act to a child, in connection with any proceedings (whether or not concluded) for adoption, (such as “child to be adopted” or “adopted child”) include a person who has attained the age of 18 years before the proceedings are concluded.

An adoption order may be made on the application of a couple where both of them have attained the age of 21 years.

An adoption order may be made on the application of one person who has attained the age of 21 years and is not married.

An adoption order may be made on the application of one person who has attained the age of 21 years if the court is satisfied that the person is the partner of a parent of the person to be adopted.

Any consent given by the mother to the making of an adoption order is ineffective if it is given less than six weeks after the child’s birth.

The withdrawal of any consent to the placement of a child for adoption, or of any consent given under section 20, is ineffective if it is given after an application for an adoption order is made.

“Consent” means consent given unconditionally and with full understanding of what is involved; but a person may consent to adoption without knowing the identity of the persons in whose favour the order will be made.

“Parent” (except in subsections (9) and (10) below) means a parent having parental responsibility.

Consent under section 19 or 20 must be given in the form prescribed by rules, and the rules may prescribe forms in which a person giving consent under any other provision of this Part may do so (if he wishes).

The other parent is to be treated as having at that time given consent in accordance with this section in the same terms as those in which the first parent gave consent.

Where a child’s home is with persons who have given notice of intention to adopt, no contribution is payable (whether under a contribution order or otherwise) under Part 3 of Schedule 2 to that Act (contributions towards maintenance of children looked after by local authorities) in respect of the period referred to in subsection (5).

In this section, “notice of intention to adopt” includes notice of intention to apply for a Scottish or Northern Irish adoption order.

Where any child adopted by one natural parent as sole adoptive parent subsequently becomes a legitimated person on the marriage of the natural parents, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke the order.

In relation to an adoption order made by a magistrates’ court, the reference in subsection (1) to the court by which the order was made includes a court acting for the same F7local justice area.

Below in this group of sections (that is, this section and sections 57 to 65), any information kept by an adoption agency by virtue of subsection (1)(a) is referred to as section 56 information.

Regulations may provide for the transfer in prescribed circumstances of information held, or previously held, by an adoption agency to another adoption agency.

In this group of sections, information the disclosure of which to a person is restricted by virtue of subsection (1) or (2) is referred to (in relation to him) as protected information.

Identifying information about a person means information which, whether taken on its own or together with other information disclosed by an adoption agency, identifies the person or enables the person to be identified.

This section does not prevent the disclosure of protected information in pursuance of a prescribed agreement to which the adoption agency is a party.

Regulations may authorise or require an adoption agency to disclose protected information to a person who is not an adopted person.

This section applies to any section 56 information other than protected information.

An adoption agency may for the purposes of its functions disclose to any person in accordance with prescribed arrangements any information to which this section applies.

An adoption agency must, in prescribed circumstances, disclose prescribed information to a prescribed person.

This section applies to an adopted person who has attained the age of 18 years.

The High Court may make an order under subsection (2)(a), on an application by the appropriate adoption agency, if satisfied that the circumstances are exceptional.

The adopted person also has the right, at his request, to receive from the court which made the adoption order a copy of any prescribed document or prescribed order relating to the adoption.

Subsection (4) does not apply to a document or order so far as it contains information which is protected information.

The agency is not required to proceed with the application unless it considers it appropriate to do so.

If the agency does proceed with the application it must take all reasonable steps to obtain the views of any person the information is about as to the disclosure of the information about him.

The agency may then disclose the information if it considers it appropriate to do so.

This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).

The agency is not required to proceed with the application unless it considers it appropriate to do so.

And, so far as the information is about a person who has at the time attained the age of 18 years, the agency must take all reasonable steps to obtain his views as to the disclosure of the information.

The agency may then disclose the information if it considers it appropriate to do so.

This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).

Regulations may require adoption agencies to make arrangements to secure the provision of counselling for persons seeking information from them in prescribed circumstances in pursuance of this group of sections.

For the purposes of subsection (4), where the functions of a Health and Social Services Board are exercisable by a Health and Social Services Trust, the reference in sub-paragraph (a) to a Board is to be read as a reference to the Health and Social Services Trust.

Regulations may provide for the payment of a prescribed fee in respect of the disclosure in prescribed circumstances of any information in pursuance of section 60, 61 or 62; but an adopted person may not be required to pay any fee in respect of any information disclosed to him in relation to any person who (but for his adoption) would be related to him by blood (including half-blood) or marriage.

Regulations may provide for the payment of a prescribed fee by an adoption agency obtaining information under subsection (4)(b).

In this group of sections—

• “appropriate adoption agency”, in relation to an adopted person or to information relating to his adoption, means—

  1. a

     if the person was placed for adoption by an adoption agency, that agency or (if different) the agency which keeps the information in relation to his adoption,

  2. b

     in any other case, the local authority to which notice of intention to adopt was given,

• “prescribed” means prescribed by subordinate legislation,

• “regulations” means regulations under section 9,

• “subordinate legislation” means regulations or, in relation to information to be given by a court, rules.

Regulations prescribing any fee by virtue of section 64(6) require the approval of the Chancellor of the Exchequer.

Regulations making any provision as to the manner in which any application is to be made for the disclosure of information by the Registrar General require his approval.

The Registrar General must continue to maintain in the General Register Office a register, to be called the Adopted Children Register.

The Adopted Children Register is not to be open to public inspection or search.

A certified copy of an entry in the Adopted Children Register, if purporting to be sealed or stamped with the seal of the General Register Office, is to be received as evidence of the adoption to which it relates without further or other proof.

Schedule 1 (registration of adoptions and the amendment of adoption orders) is to have effect.

The Registrar General must continue to maintain at the General Register Office an index of the Adopted Children Register.

But a person is not entitled to have a certified copy of an entry in the Adopted Children Register relating to an adopted person who has not attained the age of 18 years unless the applicant has provided the Registrar General with the prescribed particulars.

The Registrar General must make traceable the connection between any entry in the registers of live-births or other records which has been marked “Adopted” and any corresponding entry in the Adopted Children Register.

Information kept by the Registrar General for the purposes of subsection (1) is not to be open to public inspection or search.

Any such information, and any other information which would enable an adopted person to obtain a certified copy of the record of his birth, may only be disclosed by the Registrar General in accordance with this section.

In relation to a person adopted before the appointed day the court may, in exceptional circumstances, order the Registrar General to give any information mentioned in subsection (3) to a person.

On an application made in the prescribed manner by the appropriate adoption agency in respect of an adopted person a record of whose birth is kept by the Registrar General, the Registrar General must give the agency any information relating to the adopted person which is mentioned in subsection (3).

In relation to a person adopted before the appointed day, Schedule 2 applies instead of subsection (5).

Before the Registrar General gives any information by virtue of this section, any prescribed fee which he has demanded must be paid.

In this section—

• “appointed day” means the day appointed for the commencement of sections 56 to 65,

• “prescribed” means prescribed by regulations made by the Registrar General with the approval of the Chancellor of the Exchequer.

The Registrar General must continue to maintain at the General Register Office in accordance with regulations a register in two Parts to be called the Adoption Contact Register.

Part 1 of the register is to contain the prescribed information about adopted persons who have given the prescribed notice expressing their wishes as to making contact with their relatives.

Part 2 of the register is to contain the prescribed information about persons who have given the prescribed notice expressing their wishes, as relatives of adopted persons, as to making contact with those persons.

The Adoption Contact Register is not to be open to public inspection or search.

In section 80, “relative”, in relation to an adopted person, means any person who (but for his adoption) would be related to him by blood (including half-blood) or marriage.

The Registrar General must not give any information entered in the register to any person except in accordance with subsection (6)(a) of that section or regulations made by virtue of section 64(4)(b).

In section 80, “regulations” means regulations made by the Registrar General with the approval of the Chancellor of the Exchequer, and “prescribed” means prescribed by such regulations.

In this Chapter—

• “records” includes certified copies kept by the Registrar General of entries in any register of births,

• “registers of live-births” means the registers of live-births made under the Births and Deaths Registration Act 1953 (c. 20).

Any register, record or index maintained under this Chapter may be maintained in any form the Registrar General considers appropriate; and references (however expressed) to entries in such a register, or to their amendment, marking or cancellation, are to be read accordingly.

But this section does not apply if the child is intended to be adopted under a Convention adoption order.

Regulations may require prescribed conditions to be met in respect of a child brought into the United Kingdom in circumstances where this section applies.

In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State, after consultation with the Assembly.

The High Court may, on an application by persons who the court is satisfied intend to adopt a child under the law of a country or territory outside the British Islands, make an order giving parental responsibility for the child to them.

An order under this section may not give parental responsibility to persons who the court is satisfied meet those requirements as to domicile, or habitual residence, in England and Wales which have to be met if an adoption order is to be made in favour of those persons.

An order under this section may not be made unless any requirements prescribed by regulations are satisfied.

An application for an order under this section may not be made unless at all times during the preceding ten weeks the child’s home was with the applicant or, in the case of an application by two people, both of them.

Section 46(2) to (4) has effect in relation to an order under this section as it has effect in relation to adoption orders.

Regulations may provide for any provision of this Act which refers to adoption orders to apply, with or without modifications, to orders under this section.

In this section, “regulations” means regulations made by the Secretary of State, after consultation with the Assembly.

A person who removes a child from the United Kingdom in contravention of subsection (1) is guilty of an offence.

A person is not guilty of an offence under subsection (4) of causing a person to take any step mentioned in paragraph (a) or (b) of subsection (3) unless it is proved that he knew or had reason to suspect that the step taken would contravene subsection (1).

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State after consultation with the Assembly.

Regulations may prescribe the requirements that ought to be met by an adoption of any description effected after the commencement of the regulations for it to be an overseas adoption for the purposes of this Act.

At any time when such regulations have effect, the Secretary of State must exercise his powers under this section so as to secure that subsequently effected adoptions of any description are not overseas adoptions for the purposes of this Act if he considers that they are not likely within a reasonable time to meet the prescribed requirements.

In this section references to this Act include the Adoption Act 1976 (c. 36).

An order under this section may contain provision as to the manner in which evidence of any overseas adoption may be given.

In this section—

• “adoption” means an adoption of a child or of a person who was a child at the time the adoption was applied for,

• “regulations” means regulations made by the Secretary of State after consultation with the Assembly.

If the High Court is satisfied, on an application under this section, that each of the following conditions is met in the case of a Convention adoption, it may direct that section 67(3) does not apply, or does not apply to any extent specified in the direction.

A full adoption is an adoption by virtue of which the child is to be treated in law as not being the child of any person other than the adopters or adopter.

In relation to a direction under this section and an application for it, sections 59 and 60 of the Family Law Act 1986 (c. 55) (declarations under Part 3 of that Act as to marital status) apply as they apply in relation to a direction under that Part and an application for such a direction.

The High Court may, on an application under this subsection, by order annul a Convention adoption or Convention adoption order on the ground that the adoption is contrary to public policy.

The High Court may, in any proceedings in that court, decide that an overseas adoption or a determination under section 91 is to be treated, for the purposes of those proceedings, as invalid on either of the grounds mentioned in subsection (2)(a).

Subject to the preceding provisions, the validity of a Convention adoption, Convention adoption order or overseas adoption or a determination under section 91 cannot be called in question in proceedings in any court in England and Wales.

Any application for an order under section 89 or a decision under subsection (2)(b) or (3) of that section must be made in the prescribed manner and within any prescribed period.

In deciding in pursuance of section 89 whether such an authority as is mentioned in section 91 was competent to entertain a particular case, a court is bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to entertain the case.

If the authority makes a determination in the exercise of that power, the determination is to have effect for the purpose of effecting, confirming or terminating the adoption in question or, as the case may be, confirming its termination.

Subsection (2) is subject to section 89 and to any subsequent determination having effect under that subsection.

A person who is neither an adoption agency nor acting in pursuance of an order of the High Court must not take any of the steps mentioned in subsection (2).

Subsection (1) does not apply to a person taking any of the steps mentioned in paragraphs (d), (e), (g), (h) and (i) of subsection (2) if the following condition is met.

References to an adoption agency in subsection (2) include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances in respect of the child in question.

The Secretary of State may, after consultation with the Assembly, by order make any amendments of subsections (1) to (4), and any consequential amendments of this Act, which he considers necessary or expedient.

If a person contravenes section 92(1), he is guilty of an offence; and, if that person is an adoption society, the person who manages the society is also guilty of the offence.

A person is not guilty of an offence under subsection (1) of taking the step mentioned in paragraph (f) of section 92(2) unless it is proved that he knew or had reason to suspect that the child was handed over to him in contravention of paragraph (e) of that subsection.

A person is not guilty of an offence under subsection (1) of causing a person to take any of the steps mentioned in paragraphs (a) to (h) of section 92(2) unless it is proved that he knew or had reason to suspect that the step taken would contravene the paragraph in question.

But subsections (2) and (3) only apply if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £10,000, or both.

A person who is not within a prescribed description may not, in any prescribed circumstances, prepare a report for any person about the suitability of a child for adoption or of a person to adopt a child or about the adoption, or placement for adoption, of a child.

A person is not guilty of an offence under subsection (2)(b) unless it is proved that he knew or had reason to suspect that the report would be, or had been, prepared in contravention of subsection (1).

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

In this section and section 96, removing a child from the United Kingdom has the same meaning as in section 85.

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £10,000, or both.

A payment is an excepted payment if it is made by virtue of, or in accordance with provision made by or under, this Act, the Adoption (Scotland) Act 1978 (c. 28) or the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).

A payment is an excepted payment if it is made in respect of any legal or medical expenses incurred or to be incurred by any person in connection with an application to a court which he has made or proposes to make for an adoption order, a placement order, or an order under section 26 or 84.