Amendment of the Adoptions with a Foreign Element Regulations 20056
The Adoptions with a Foreign Element Regulations 200517 are amended as follows—
a
in regulation 18(2) (procedure following decision as to suitability to adopt)—
i
omit paragraph (b);
ii
at the end of paragraph (d) omit “and”; and
iii
after paragraph (d) insert—
da
if the prospective adopter applied to the appropriate Minister18 for a review under section 12 of the Adoption and Children Act 2002, the record of the proceedings of the panel, its recommendation and the reasons for its recommendation; and
b
for regulation 26 (prospective adopter unable to proceed with adoption) substitute—
26
1
Where the prospective adopter gives notice to the relevant local authority that he does not wish to proceed with the adoption and no longer wishes to give the child a home, he must return the child to that authority not later than the end of the period of seven days beginning with the date on which notice was given.
2
Where a relevant local authority have received a notice in accordance with paragraph (1), that authority must give notice to the relevant Central Authority of the decision of the prospective adopter not to proceed with the adoption.
c
in regulation 59 (offences) for paragraphs (a) to (c) substitute—
a
regulation 24 (requirements in respect of prospective adopter following child’s entry into the United Kingdom);
b
regulation 26(1) (return of child to relevant local authority where prospective adopter does not wish to proceed);
c
regulation 27(1)(b) (return of child to relevant local authority on request of local authority or by order of court); or
d
regulation 33 (refusal of a court in England or Wales to make a Convention adoption order).