The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

The Adoption Agencies (Wales) Regulations 2005

16.—(1) The Adoption Agencies (Wales) Regulations 2005(1) are amended as follows.

(2) In paragraph (1) of regulation 2 (interpretation) after the definition of “the 1989 Act” insert—

““the 2008 Act” means the Human Fertilisation and Embryology Act 2008(2);”.

(3) In regulation 3(7)(b) and (c) (establishment of adoption panel), for “mother, father,” substitute “parent,”.

(4) In regulation 14 (requirement to provide counselling etc)—

(a) for paragraph (2) substitute—

“(2) This paragraph applies where the father of the child or the woman who is a parent of the child by virtue of section 43 of the 2008 Act does not have parental responsibility for the child and that person’s identity is known to the adoption agency.”; and

(b) in paragraph (3)—

(i) after “father” wherever the term appears, insert “or woman who is a parent by virtue of section 43 of the 2008 Act”, and

(ii) in sub-paragraph (b)(i), for “section 4” substitute “section 4 or 4ZA”.

(5) In regulation 17(1)(d), (e) and (g) (requirement to prepare written report), after “father” insert “or woman who is a parent of the child by virtue of section 43 of the 2008 Act”.

(6) In regulation 19(3)(c) (adoption agency decision and notification), after “father” insert “or woman who is a parent of the child by virtue of section 43 of the 2008 Act”.

(7) In regulation 34(4)(b) (adoption agency’s decision in relation to the proposed placement), after “father of the child,” insert “or woman who is a parent of the child by virtue of section 43 of the 2008 Act,”.

(8) In regulation 39(2)(b) (withdrawal of consent), after “father” insert “or woman who is a parent of the child by virtue of section 43 of the 2008 Act”.

(9) In paragraphs 13(a)(i) and 14 of Part 1 of Schedule 1 (information about the child) after “father” insert “or woman who is a parent of the child by virtue of section 43 of the 2008 Act”.

(10) In Part 3 of Schedule 1 (information about the child’s family and others)—

(a) in the heading before paragraph 1, after “father” insert “or woman who is a parent by virtue of section 43 of the 2008 Act”;

(b) for paragraph 16 substitute—

“16.   Where the child’s parents are not married or parties to a civil partnership, whether the father or woman who is a parent of the child by virtue of section 43 of the 2008 Act has parental responsibility for the child and if so, how it was acquired.”;

(c) for paragraph 17 substitute—

“17.   If the identity or whereabouts of the child’s father or woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act are not known, the information about him or her that has been ascertained and from whom, and the steps that have been taken to establish parentage.”; and

(d) in the heading before paragraph 24, after “father” insert “or woman who is a parent of the child by virtue of section 43 of the 2008 Act”; and

(e) in paragraph 27 after “father” insert “or woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act”.

(1)

S.I. 2005/1313 (W 95); there are no relevant amending instruments.

(2)

2008 c. 22.