The Intercountry Adoption (Hague Convention) Regulations 2003

Removal of the child by the relevant authority

18.—(1) Subject to paragraph (4), where the child is placed with the prospective adopter or regulation 20 applies and the relevant local authority are of the opinion that—

(a) the continued placement of the child with the prospective adopter is not in the child’s best interests; and

(b) the child should not remain with the prospective adopter,

that authority must give notice to the prospective adopter of their opinion.

(2) The prospective adopter must, not later than the end of the period of 7 days beginning with the giving of notice, return the child to the authority.

(3) Where the relevant local authority give notice under paragraph (1), they must also give notice to the relevant Central Authority that they have requested the return of the child.

(4) Where a notice under paragraph (1) is given, but—

(a) before the notice was given an application for a Convention adoption order was made; and

(b) the application has not been disposed of,

the prospective adopter is not required by virtue of the notice to return the child to the authority unless the court so orders.

(5) This regulation does not affect the exercise by any local authority or other person of any power conferred by any enactment or the exercise of any power of arrest.