SCHEDULE 1APPLICATION OF ADOPTION ACT 1976 PROVISIONS WITH MODIFICATIONS TO PARENTAL ORDERS AND APPLICATIONS FOR SUCH ORDERS

Regulation 2

Column 1

Column 2

provisions of the 1976 Act

modifications

Applications by Gamete Donors for a parental order

1

a

Section 6 (duty to promote the welfare of the child)

i

As if for the words “the adoption of a child” there were substituted the words “an application for a parental order”; and

ii

as if the words “or adoption agency” were omitted.

b

Section 12(1) to (3)4 (adoption orders)

i

As if for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”;

ii

as if in subsection (1) for the word “adopters” there were substituted the words “husband and wife” and as if for the words “an authorised” there were substituted the word “the”.

c

Section 24(1) (restrictions on making adoption orders)

i

As if for the words “an adoption order” there were substituted the words “a parental order”; and

ii

as if for the words “a British adoption order” there were substituted the words “such an order”.

d

Section 27(1)5 (restrictions on removal while application is pending)

As if for the words “an adoption order is pending in a case where a parent or guardian of the child has agreed to the making of the adoption order (whether or not he knows the identity of the applicant)” there were substituted the words “a parental order is pending”.

e

Section 296 (return of a child taken away in breach of section 27 or 28 of the 1976 Act)

i

As if for paragraphs (a) to (c) of subsections (1) and (2) there were substituted the words

a

section 27 as applied with modifications by regulation 2 of and paragraph 1(d) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994,

b

section 27 of the Adoption (Scotland) Act 1978 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994,

c

Article 28 of the Adoption (Northern Ireland) Order 1987 as applied with modifications by regulation 3 of and paragraph 2(d) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994.

ii

as if for the words “an authorised” there were substituted on each occasion they appear the word “the”.

Effect of a parental order

2

Section 39(1)(a), (2), (4) and (6) (status conferred by adoption)

i

As if for the words “an adopted child” there were substituted, on each occasion they appear, the words “a child who is the subject of a parental order”;

ii

as if in section 39(1)(a) the words “where the adopters are a married couple,” were omitted and for the words “child of the marriage” there were substituted the words “child of the marriage of the husband and wife”;

iii

as if in section 39(2) for the word “adopters” there were substituted the words “persons who obtain the parental order” and the words “or adopter” and the words “subject to subsection (3),” were omitted;

iv

as if in section 39(6) for the word “adoption” there were substituted the words “the making of the parental order” and the words “Subject to the provisions of this Part,” and “, or after 31st December 1975, whichever is the later” were omitted.

Interpretation of certain events consequent upon the making of a parental order

3

a

Section 42 (rules of construction for instruments concerning property)

i

As if in section 42(2) for the words “section 39(1)” there were substituted the words “section 39(1)(a) as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

ii

as if in section 42(2), for the words “of the adoptive parent or parents” there were substituted the words “in respect of whom the husband and wife have obtained a parental order”;

iii

as if in section 42(2)(a) for the words “adopted child” there were substituted the words “child the subject of the parental order” and for the word “adoption” there were substituted the words “the parental order”;

iv

as if in section 42(2)(b) for the words “adopted” there were substituted the words “in respect of whom parental orders were made”;

v

as if in section 42(4) for the word “adoption” there were substituted the words “making of the parental order” and for the words “adopted child” there were substituted the words “child the subject of the parental order”;

vi

as if in section 42(5) for the word “adopt” there were substituted the words “obtain a parental order in respect of ” and as if after the words in section 42(4) “ section 39(2)” and, in section 42(5) “section 39”, there were inserted the words “as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.

b

Section 44 (property devolving with peerages etc)

As if for the words “an adoption” on each occasion they appear there were substituted the words “the making of a parental order”.

c

Section 45 (protection of trustees and personal representatives)

As if in section 45(1) for the words “adoption has been effected” there were substituted the words “parental order has been made”.

d

Section 46 (meaning of “disposition”)

i

As if for the words “this Part” on each occasion they appear and in section 46(5) the words “the Part”, there were substituted the words “sections 39, 42, 44, 45 and 47 as applied with modifications by regulation 2 of and paragraphs 2 and 3(a), (b), (c) and (e) respectively of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and

ii

as if in section 46(2) for the word “applies” there were substituted the word “apply”.

e

Section 477 (miscellaneous enactments)

i

As if for subsection (1) there were substituted the words

1

Section 39(2) as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s mother or father before the order was made, for the purposes of the table of kindred and affinity in Schedule 1 to the Marriage Act 19498 and of Sections 10 and 11 (incest) of the Sexual Offences Act 19569

ii

as if in subsection (2) for the words “Section 39” there were substituted the words “Section 39 as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.

Registration

4

a

Section 50 (Adopted Children Register)

i

As if for the words “Adopted Children Register” on each occasion they appear, except on the second occasion in section 50(3), there were substituted the words “Parental Order Register”;

ii

as if in section 50(1) for the words “adoption orders” there were substituted the words “parental orders”;

iii

as if in section 50(2) for the word “adoption” there were substituted the words “parental order”;

iv

as if in section 50(2) for the words “adopted person” there were substituted the words “person who is the subject of the parental order”;

v

as if in section 50(3) for the words “every person shall be entitled to search that index and to have a certified copy of any entry in the Adopted Children Register in all respects upon and subject to the same terms” there were substituted the following words:

  • the Registrar General shall—

    1. a

      cause a search to be made of that index on behalf of any person or permit that person to search that index himself, and

    2. b

      issue to any person a certified copy of any entry in the Parental Order Register, in all respects, except as to the entitlement of any person to search that index, upon and subject to the same terms

vi

as if in section 50(4) for the words “marked “Adopted” ” there were substituted the words “marked “Re-registered by the Registrar General” pursuant to paragraph 1(3) of Schedule 1 as applied with modifications by regulation 2 of and paragraph 8(a) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

vii

as if in section 50(5) after the words “section 51” there were inserted the words “as applied with modifications by regulation 2 of and paragraph 4(b) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

viii

as if in section 50(5)(c) and (6) for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”; and

ix

as if in section 50(7) for the words “adoptions and the amendment of adoption orders” there were substituted the words “parental orders and the amendment of such orders”.

b

Section 51(1) to (6) and (9)10 (disclosure of birth records of adopted children)

i

As if in section 51(1) for the words “an adopted person” there were substituted the words “a person who is the subject of a parental order”;

ii

as if in section 51(2) for the words “an adopted person under the age of 18 years” there were substituted the words “a person who is the subject of a parental order and who is under the age of 18 years”;

iii

as if section 51(3)(a)(i) and (d) were omitted;

iv

as if in section 51(3)(a)(iii), (b)(ii) and (c)(ii) for the words “adoption order” there were substituted the words “parental order”;

v

as if in section 51(4) for the words from “Where” to “1978” there were substituted the words “Where a person who is the subject of a parental order and who is in England and Wales applies for information under subsection (1),”; and

vi

as if section 51(5)(a) and (c) were omitted.

Procedure

5

a

Section 61(1) (evidence of agreement and consent)

i

As if for the words “this Act” there were substituted the words “section 30 of the Human Fertilisation and Embryology Act 1990”;

ii

as if the words “(other than an order to which section 17(6) applies)” were omitted; and

iii

as if for the words “and, if the document signifying the agreement or consent is witnessed in accordance with rules, it” there were substituted “and any such written consent”.

b

Section 63(2)11 (appeals etc)

i

As if the words “Subject to subsection (3)” were omitted; and

ii

as if for the words “this Act” there were substituted the words “section 30 of the Human Fertilisation and Embryology Act 1990”.

c

Section 6412 (proceedings to be in private)

As if for the words “under this Act” there were substituted the words “pursuant to section 30 of the Human Fertilisation and Embryology Act 1990”.

Orders, rules and regulations

6

Section 67(1), (2), (5) and (6) (orders, rules and regulations)

i

As if after the words “this Act” on each occasion they appear, there were inserted the words “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

ii

as if in section 67(2) the words “, except section 3(1),” were omitted; and

iii

as if in section 67(6) after the words “paragraph 1(1)” there were inserted the words “as applied with modifications by regulation 2 of and paragraphs 4(b) and 8(a) respectively of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.

Interpretation

7

Section 72(1)13 (interpretation)

i

As if after the definition of “guardian” there were inserted the words ““husband and wife” means, in relation to the provisions of this Act as they have effect in relation to parental orders and applications for such orders, the husband and wife as defined in section 30 of the Human Fertilisation and Embryology Act 1990;”; and

ii

as if after the definition of “parent” there were inserted the words ““parental order” means an order under section 30 of the Human Fertilisation and Embryology Act 1990;”.

Schedule 1 to the 1976 Act (registration of adoptions)

8

a

Schedule 1, paragraph 1

i

As if in paragraph 1(1) for the words “adoption order” there were substituted the words “parental order”;

ii

as if in paragraph 1(1) for the words “Adopted Children Register” there were substituted the words “Parental Order Register”;

iii

as if paragraph 1(2) were omitted;

iv

as if in paragraph 1(3) for the words from “application to a court” to “time in force)” there were substituted the words “application to a court for a parental order”;

v

as if in paragraph 1(3) for the words “any adoption order” there were substituted the words “any parental order”;

vi

as if in paragraph 1(3) for the words “marked with the word “Adopted” ” there were substituted the words “marked with the words “Re-registered by the Registrar General” ”;

vii

as if paragraph 1(4) were omitted; and

viii

as if in paragraph 1(5) for the words “an adoption order” there were substituted the words “a parental order”.

b

Schedule 1, paragraph 2

i

As if in paragraph 2(1) for the words “an adoption order” there were substituted the words “a parental order”;

ii

as if in paragraph 2(1) the words “or the Adopted Children Register” were omitted;

iii

as if in paragraph 2(1) for the words ““Adopted (Scotland)” or, as the case may be, “Re-adopted (Scotland)” ” there were substituted the words ““Re-registered (Scotland)” ”;

iv

as if in paragraph 2(1) the words from “and where, after an entry has been so marked” to the end of the sub-paragraph were omitted;

v

as if in paragraph 2(2) for the words “register of adoptions” there were substituted the words “register of parental orders”;

vi

as if in paragraph 2(2) for the words “an order has been made in that country authorising the adoption of a child” there were substituted the words “a parental order has been made in that country in respect of a child”;

vii

as if in paragraph 2(2) the words “or the Adopted Children Register” were omitted;

viii

as if in paragraph 2(2) for the words “marked with the word “Adopted” or “Re- adopted”, as the case may require” there were substituted the words “marked with the word “Re-registered” ”; and

ix

as if in paragraph 2(3) for the words “so marked” there were substituted the words “marked in accordance with the provisions of sub-paragraph (1) or (2)”; and

x

as if paragraph 2(4) and (5) were omitted.

c

Schedule 1, paragraph 4

i

As if for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”;

ii

as if for the words “Adopted Children Register” on each occasion they appear there were substituted the words “Parental Order Register”;

iii

as if in paragraph 4(1) for the words “adopter or of the adopted person” there were substituted the words “husband or wife or of the person who is the subject of the parental order”;

iv

as if in paragraph 4(1)(a) for the words “adopter or the adopted person” there were substituted the words “husband or wife or the child who is the subject of the parental order”;

v

as if in paragraph 4(1)(a) for the words “given to the adopted person” there were substituted the words “given to that child” and the words “, or taken by him,” were omitted;

vi

as if in paragraph 4(1)(b) the words “or (4)” were omitted;

vii

as if in paragraph 4(4) after the words “section 50” there were inserted the words “as applied with modifications by regulation 2 of and paragraph 4(a) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and

viii

as if paragraph 4(5) were omitted.

SCHEDULE 2APPLICATION OF ADOPTION (NORTHERN IRELAND) ORDER 1987 PROVISIONS WITH MODIFICATIONS TO PARENTAL ORDERS AND APPLICATIONS FOR SUCH ORDERS

Regulation 3

Column 1

Column 2

article of the Order having effect

modifications

Interpretation

1

Article 2 (interpretation)

i

As if for the definition of “adoption rules” there were substituted the words ““rules” means rules of court, county court rules or rules made under article 12 of the Family Law (Northern Ireland) Order 199314;”;

ii

as if for the definition of “authorised court” there were substituted the words:

  • “authorised court” means—

    1. a

      in the case of an application for a parental order—

      1. i

        the High Court;

      2. ii

        the county court within whose division the child is;

    2. b

      in the case of an application under Article 30 as applied with modifications by regulation 3 of and paragraph 2(c) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994—

      1. i

        the High Court;

      2. ii

        the county court within whose division the applicant lives

iii

as if after the definition of “guardian” there were inserted the words

  • “husband and wife” means, in respect of the provisions of this Order as they have effect in respect of parental orders and applications for such orders, the husband and wife as defined in section 30 of the Human Fertilisation and Embryology Act 1990;

iv

as if after the definition of “order freeing a child for adoption” there were inserted the words

  • “parental order” means an order under section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors);

Applications by gamete donors for a parental order

2

a

Article 9 (duty to promote the welfare of the child)

i

As if for the words “the adoption of a child” there were substituted “the application for a parental order”;

ii

as if for the words “adoption, or adoption by a particular person or persons” there were substituted the words “the granting of such an order to the husband and wife”; and

iii

as if the words “or adoption agency” were omitted.

b

Article 12(1) to (3) (adoption orders)

i

As if for the words “an adoption order” on each occasion they appear, there were substituted the words “a parental order”;

ii

as if in article 12(3)(b) for the words “the adoption order” there were substituted the words “the parental order”; and

iii

as if for the words “the adopters” there were substituted the words “the husband and wife”.

c

Article 25(1) (restrictions on making adoption orders)

i

As if for the words “an adoption order” there were substituted the words “a parental order”; and

ii

as if for the words “a British adoption order” there were substituted the words “such an order”.

d

Article 28(1) (restrictions on removal while application is pending)

As if for paragraph (1) of article 28 there were substituted the following paragraph

  • While an application for a parental order is pending a parent or guardian is not entitled, against the will of the person with whom the child has his home, to remove the child from the actual custody of that person except with the leave of the court

e

Article 30 (return of a child taken away in breach of article 28 or 29)

i

As if for the words “article 28 or 29” on each occasion they appear there were substituted the words “article 28 as applied with modifications by regulation 3 of and paragraph 2(d) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and

ii

as if after the words “under paragraph (1)” wherever they appear and “under paragraph (3)” in article 30(5) there were inserted the words “as applied with modifications by regulation 3 of and paragraph 2(e) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.

Effect of a parental order

3

Article 40(1)(a), (2), (3)(a), (4) and (6) (status conferred by adoption)

i

As if for the words “an adopted child” there were substituted on each occasion they appear, the words “a child who is the subject of a parental order”;

ii

as if for the words “adopters” and “adopter” on each occasion they appear, except “adopter” in article 40(2), there were substituted the words “persons who obtain the parental order”;

iii

as if in article 40(1)(a) the words “where the adopters are a married couple,” were omitted and as if for the words in the same paragraph “child of the marriage” there were substituted the words “child of the marriage of the husband and wife”;

iv

as if in article 40(2) the words “subject to paragraph (3),” and “or adopter” were omitted;

v

as if in article 40(3)(a) after the words “does not apply” there were inserted the words “so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law, the child’s mother or father before the order was made”;

vi

as if in article 40(6) for the word “adoption” there were substituted the words “parental order”; and

vii

as if in article 40(6) the words “Subject to the provisions of this Part” and “, or after the commencement of this Part, whichever is the later” were omitted.

Interpretation of certain events consequent upon the making of a parental order

4

a

Article 42 (rules of construction for instruments concerning property)

i

As if in article 42(2) for the words “article 40(1)” there were substituted the words “article 40(1)(a) as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

ii

as if in article 42(2) for the words “of the adoptive parent or parents” there were substituted the words “in respect of whom the husband and wife have obtained a parental order”;

iii

as if in article 42(2) and (4) for the words “adopted child” there were substituted the words “child the subject of the parental order”;

iv

as if in article 42(2)(b) for the words “adopted” there were substituted the words “in respect of whom parental orders were made”;

v

as if in article 42(4) after the words “article 40(2)” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

vi

as if in article 42(4) for the word “adoption” there were substituted the words “making of the parental order”; and

vii

as if in article 42(5) for the word “adopt” there were substituted the words “obtain a parental order in respect of ”; and

viii

as if in article 42(5) after the words “article 40” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.

b

Article 44 (property devolving with peerages)

As if for the words “An adoption” on each occasion they appear there were substituted the words “The making of a parental order”.

c

Article 45 (protection of trustees and personal representatives)

As if in article 45(1) for the word “adoption” there were substituted the words “parental order”.

d

Article 46 (meaning of “disposition”)

As if for the words “this Part” each time they appear there were substituted the words “the application of articles 40, 42, 44, 45 and 47 as modified by regulation 3 of and paragraphs 3 and 4(a), (b), (c) and (e) respectively of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.

e

Article 47 (miscellaneous enactments)

i

As if in article 47(1) for the words “article 40 does not apply” there were substituted the words “article 40(2) as modified by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s mother or father before the order was made”; and

ii

as if in article 47(2) for the words “article 40” there were substituted the words “article 40 as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.

Registration

5

a

Article 50 (Adopted Children Register)

i

As if for the words “Adopted Children Register” on each occasion they appear there were substituted the words “Parental Order Register”;

ii

as if in article 50(1)(a) for the words “adoption orders” there were substituted the words “parental orders”;

iii

as if in article 50(1)(c) for the words ““Adopted” pursuant to Article 51” there were substituted the words ““Re-registered by the Registrar General” pursuant to Article 51(4) as applied with modifications by regulation 3 of and paragraph 5(b) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

iv

as if in article 50(2) for the words “Every person shall be entitled to search the index mentioned in paragraph (1)(b) and to have a certified copy of any entry in the Adopted Children Register in all respects upon and subject to the same terms” there were substituted the following words:

  • The Registrar General shall—

    1. a

      cause a search to be made of the index of the Parental Order Register on behalf of any person or permit that person to search that index himself, and

    2. b

      issue to any person a certified copy of any entry in the Parental Order Register,

    in all respects, except as to the entitlement of any person to search that index, upon and subject to the same terms

v

as if in article 50(3) after the words “Article 54” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 5(e) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and

vi

as if in article 50(3)(b) for the words “an adoption order” there were substituted the words “a parental order”; and

vii

as if article 50(3)(c) were omitted.

b

Article 51 (1), (3), (4), (6) and (7) (registration of adoption orders)

i

As if in article 51(1) for the words “adoption order” there were substituted the words “parental order”;

ii

as if in article 51(1) for the words “Adopted Children Register” there were substituted the words “Parental Order Register”;

iii

as if in article 51(1) after the words “Schedule 2” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 7 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

iv

as if in article 51(1) the words “(subject to paragraph (2))” were omitted;

v

as if in article 51(3) for the words “Adopted Children Register under the heading in column 2 of Schedule 2” there were substituted the words “Parental Order Register under the heading in column 2 of Schedule 2 as applied with modifications by regulation 3 of and paragraph 7 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

vi

as if in article 51(3) the word “and” in sub- paragraph (a) were omitted and sub- paragraph (b) were omitted;

vii

as if in article 51(4) for the words from “application for an adoption order” to “time in force)” there were substituted the words “application for a parental order”;

viii

as if in article 51(4) for the words “any adoption order” there were substituted the words “any parental order”;

ix

as if in article 51(4) for the words “marked with the word “Adopted” ” there were substituted the words “marked with the words “Re-registered by the Registrar General” ”;

x

as if in article 51(6) for the words “an adoption order shall cause the adoption order” there were substituted the words “a parental order shall cause the order”;

xi

as if in article 51(7) for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”; and

xii

as if in article 51(7) the words “or the country in which the child was previously adopted” and the words from “or the Adopted Children Register” to “the case may be,” were omitted.

c

Article 52 (1) to (4) and (6) (amendment registers)

i

As if for the words “Adopted Children of orders and rectification of Register” on each occasion they appear, except in article 52(6), there were substituted the words “Parental Order Register”;

ii

as if for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”;

iii

as if in article 52(1) for the words “adopter or of the adopted person” on each occasion they appear, namely in the general words of paragraph (1) and in sub-paragraph (a), there were substituted the words “husband or wife or of the person who is the subject of the parental order”;

iv

as if in article 52(1)(a) for the words “given to the adopted person” there were substituted the words “given to that child” and the words “, or taken by him,” were omitted;

v

as if in article 52(1)(b) for the words “Article 51(4) or (5)” there were substituted the words “Article 51(4) as applied with modifications by regulation 3 of and paragraph 5(b) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

vi

as if in article 52(4) after the words “Article 50(2)” there were inserted the words “ as applied with modifications by regulation 3 of and paragraph 5(a) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;

vii

as if in article 52(6) after the words “Article 51(7)” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 5(b) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and

viii

as if in article 52(6) the words “or an Adopted Children Register or any corresponding register of adoptions” were omitted.

d

Article 53(1) and (2) (registration of adoptions)

i

As if in article 53(1) for the words “register of adoptions made outside Northern Ireland” there were substituted the words “register of parental orders”;

ii

as if in article 53(1) for the words “an order has been made in that country authorising the adoption of a child” there were substituted the words “a parental order has been made in that country in respect of a child”;

iii

as if in article 53(1) the words “or the Adopted Children Register” were omitted;

iv

as if in article 53(1) for the words ““Adopted” or “Re-adopted”, as the case may require” there were substituted the word ““Re-registered” ”;

v

as if in article 53(2) for the words “so marked” there were substituted the words “marked in accordance with paragraph (1)”; and

vi

as if in article 53(2) for the words “, that an appeal against the order has been allowed or that the order has been revoked” there were substituted the words “or that an appeal against the order has been allowed”.

e

Article 54(1), (2), (4) and (5) (disclosure of birth records of adopted children)

i

As if in article 54(1) for the words “Subject to paragraphs (4) and (6)” there were substituted the words “Subject to paragraph (4)”;

ii

as if in article 54(1) for the words “an adopted person” there were substituted the words “a person who is the subject of a parental order”;

iii

as if in article 54(2) for the words “an adopted person under the age of 18 years” there were substituted the words “a person who is the subject of a parental order and who is under the age of 18 years”;

iv

as if in article 54(4)(b) for the words “adoption order” there were substituted the words “parental order” and the word “or” at the end of that sub-paragraph were omitted;

v

as if article 54(4)(c) were omitted; and

vi

as if in article 54(5) the words “or society” were omitted.

Procedure

6

a

Article 62(1) (evidence of agreement and consent)

i

As if for the words “this Order” there were substituted the words “section 30 of the Human Fertilisation and Embryology Act 1990”;

ii

as if the word “adoption” on each occasion it appears were omitted; and

iii

as if for the words “and, if the document signifying the agreement or consent is witnessed in accordance with adoption rules, it” there were substituted the words “and any such written consent”.

b

Article 63(1) and (2) (evidence of adoptions, etc.)

i

As if in article 63(1) for the words “Adopted Children Register” there were substituted the words “Parental Order Register”;

ii

as if in article 63(1)(a) for the word “adoption” there were substituted the words “parental order”;

iii

as if in article 63(1)(b) for the words “adopted person” there were substituted the words “person who is the subject of the parental order”; and

iv

as if in article 63(2) for the words “section 50(2) of the Adoption Act 1976 or section 45(2) of the Adoption (Scotland) Act 1978” there were substituted the words “section 50(2) of the Adoption Act 1976 as applied with modifications by regulation 2 of and paragraph 4(a) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994, or section 45(2) of the Adoption (Scotland) Act 1978 as applied with modifications by regulation 2 of and paragraph 10 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994”.

c

Article 64(3) (removal of proceedings and appeals)

As if for the words from “Subject to paragraphs (2) and (4)” to the words “under this Order” there were substituted the words “Without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order 1980 any person aggrieved with a decision of a county court on an application made to it for a parental order or on an application made to it under Article 30 as applied with modifications by regulation 3 of and paragraph 2(c) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.

d

Article 65 (proceedings to be in private)

As if for the words “under Part III, article 30 and article 57” there were substituted the words “pursuant to section 30 of the Human Fertilisation and Embryology Act 1990”.

e

Article 66 (guardians ad litem)

i

As if for the words “an adoption order or an order freeing a child for adoption or an order under article 20 or 57, adoption” there were substituted the words “a parental order”; and

ii

as if in article 66(2) the word “adoption” were omitted.

7

Schedule 2 (Form of Entry in Adopted Children Register)

i

As if for the words “adopted Children Register” in the heading there were substituted the words “Parental Order Register”;

ii

as if for the words “adopter or adopters” in column 5 there were substituted the words “persons who obtained the parental order”; and

iii

as if for the words “adoption order” in column 6 there were substituted the words “parental order”.

SCHEDULE 3REFERENCES IN ENACTMENTS TO BE READ AS REFERENCES TO PARENTAL ORDERS ETC

Regulation 4

Column 1

Column 2

article of the Order having effect

modifications

1

Article 37 of the Birth and Deaths Registration (Northern Ireland) Order 197615

In article 37(1) the words “article 52(1)(a)” and “article 50” shall be read as though they were followed by the words “as applied with modifications by regulation 3 of and paragraph 5(c) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994.” and the reference to “Adopted Children Register” shall be read as a reference to “Parental Order Register”.

2

Paragraph 5(a) of Schedule 8 to the Children Act 198916

The reference in sub-paragraph (a) to a person who proposes to adopt a child under arrangements made by an adoption agency within the meaning of the Acts or Order mentioned in that sub-paragraph shall be read as including a reference to a person who proposes to be treated as the parent of a child by virtue of a parental order and the enactments about adoption as applied by these Regulations.

3

Sections 27(2) and 28(5)(c) of the 1990 Act

The references to a child who is treated by virtue of adoption as not being the child of any person other than the adopter or adopters shall be read as references to a child who is treated by virtue of the making of a parental order as not being the child of any person other than the husband and wife as defined by section 30 of the 1990 Act.