The Intercountry Adoption (Hague Convention) Regulations 2003

Receipt of the Article 15 Report from the CA of the receiving State

28.—(1) This regulation applies where—

(a) the relevant Central Authority receives a report from the CA of the receiving State which has been prepared for the purposes of Article 15 of the Convention(1) (“the Article 15 Report”);

(b) the Article 15 Report relates to a prospective adopter who is habitually resident in that receiving State (“a Convention prospective adopter”); and

(c) the Convention prospective adopter wishes to adopt a child who is habitually resident in England or Wales.

(2) If the relevant Central Authority is satisfied the Convention prospective adopter meets the following requirements—

(a) in respect of age and marital status as provided for in sections 14 and 15 of the 1976 Act; and

(b) in the case of a married couple, both Convention prospective adopters are, or in the case of a single Convention prospective adopter, that prospective adopter is habitually resident in a Convention country outside the British Islands,

the Authority must consult the Convention list and may, if the Authority considers it appropriate, consult any Convention list maintained by another Central Authority within the British Islands.

(3) The relevant Central Authority may pass a copy of the Article 15 Report to any other Central Authority within the British Islands for the purpose of enabling that Authority to consult its Convention list.

(4) Where the relevant Central Authority identifies a child on the Convention list who may be suitable to be adopted by the Convention prospective adopter, that Authority must send the Article 15 Report to the LA which referred the child’s details to the Authority.

(5) The LA must consider the Article 15 Report and where it considers that it may be appropriate to place the child for adoption with the Convention prospective adopter it must refer the proposed placement for adoption to the adoption panel together with—

(a) the Article 15 Report;

(b) the documents and report referred to in regulation 25(2);

(c) its observations on the proposed placement; and

(d) any other relevant information about the child.

(1)

Article 15 provides for the CA of the receiving State if satisfied that the applicants are eligible and suited to adopt, to prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the child for whom they would be qualified to care.