The Intercountry Adoption (Hague Convention) Regulations 2003

Breakdown of placement

19.—(1) This regulation applies where—

(a) the prospective adopter notifies the relevant local authority under regulation 17 that he does not wish to proceed with the adoption;

(b) the relevant local authority have removed the child from the home of the prospective adopter in accordance with regulation 18; or

(c) an application for a Convention adoption order is refused, or a Convention adoption or a Convention adoption order is annulled pursuant to section 53(1) of the 1976 Act(1).

(2) Where the relevant local authority are satisfied that it would be in the child’s best interests to be placed for adoption with another prospective adopter habitually resident in the United Kingdom they must seek to identify a suitable adoptive parent for the child.

(3) Where the relevant local authority have identified another prospective adopter who is eligible to adopt and has been assessed in accordance with these Regulations and approved as suitable to be an adoptive parent in accordance with regulations 3 to 10—

(a) that authority must notify the relevant Central Authority in writing that—

(i) another prospective adopter has been identified; and

(ii) the requirements, procedures and notifications as provided for in regulations 3 and 10 have been complied with; and

(b) the requirements specified in regulation 11(1) shall apply in respect of that prospective adopter.

(4) Where the relevant Central Authority has been notified in accordance with paragraph (3)—

(a) regulation 11(2) to (4) shall apply in respect of that other prospective adopter;

(b) it shall inform the CA of the State of origin of the proposed placement; and

(c) it shall agree that placement with the CA of the State of origin in accordance with the provisions in this Part of these Regulations.

(5) Where the relevant local authority are not satisfied it would be in the child’s best interests to be placed for adoption with another prospective adopter in England or Wales, it must liaise with the relevant Central Authority to arrange for the return of the child to his State of origin.

(6) Before coming to any decision under this regulation, the relevant local authority must have regard to the wishes and feelings of the child, having regard to his age and understanding, and, where appropriate, obtain his consent in relation to measures to be taken under this regulation.

(1)

Section 53(1) of the 1976 Act was amended by section 6 of the 1999 Act.