- Latest available (Revised)
- Point in Time (01/07/2013)
- Original (As made)
Point in time view as at 01/07/2013.
There are currently no known outstanding effects for the The Adoptions with a Foreign Element Regulations 2005, Section 19.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
19.—(1) Where the relevant Central Authority receives from the CA of the State of origin, the Article 16 Information relating to the child whom the CA of the State of origin considers should be placed for adoption with the prospective adopter, the relevant Central Authority must send that Information to the adoption agency.
(2) The adoption agency must consider the Article 16 Information and—
(a)send that Information to the prospective adopter;
(b)[F1discuss with the prospective adopter]—
(i)that Information;
(ii)the proposed placement;
(iii)the availability of adoption support services; and
(c)if appropriate, offer a counselling service and further information as required.
[F2(3) Where—
(a)the procedure in paragraph (2) has been followed; and
(b)the prospective adopter has confirmed in writing to the adoption agency that he wishes to proceed to adopt the child,
the agency must notify the relevant Central Authority in writing that the requirements specified in sub-paragraphs (a) and (b) have been satisfied and at the same time it must confirm that it is content for the adoption to proceed.]
(4) Where the relevant Central Authority has received notification from the adoption agency under paragraph (3), the relevant Central Authority shall—
(a)notify the CA of the State of origin that—
(i)the prospective adopter wishes to proceed to adopt the child;
(ii)it is prepared to agree with the CA of the State of origin that the adoption may proceed; and
(b)confirm to the CA of the State of origin that—
(i)in the case where the requirements specified in section 1(5A) of the British Nationality Act 1981(1) are met that the child will be authorised to enter and reside permanently in the United Kingdom; or
(ii)in any other case, if entry clearance and leave to enter and remain, as may be necessary, is granted and not revoked or curtailed and a Convention adoption order or a Convention adoption is made, the child will be authorised to enter and reside permanently in the United Kingdom.
(5) The relevant Central Authority must inform the adoption agency and the prospective adopter when the agreement under Article 17(c) of the Convention has been made.
(6) For the purposes of this regulation and regulation 20 “the Article 16 Information” means—
(a)the report referred to in Article 16(1) of the Convention including information about the child’s identity, adoptability, background, social environment, family history, medical history including that of the child’s family and any special needs of the child;
(b)proof of confirmation that the consents of the persons, institutions and authorities whose consents are necessary for adoption have been obtained in accordance with Article 4 of the Convention; and
(c)the reasons for the CA of the State of origin’s determination on the placement.
Textual Amendments
F1Words in reg. 19(2)(b) substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), reg. 1, Sch. para. 2(10)
F2Reg. 19(3) substituted (23.10.2009) by The Adoptions with a Foreign Element (Amendment) Regulations 2009 (S.I. 2009/2563), regs. 1(1), 2(2)
Commencement Information
1981 c. 61. Section 1 is amended by section 7 of the Adoption (Intercountry Aspects) Act 1999 and by section 137 of the 2002 Act.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: