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2. Children of A “living at my death or born afterwards before any one of such | |
children for the time being in existence attains a vested interest and who attain | |
the age of 21 years”. | |
3. As in example 1 or 2, but referring to grandchildren of A instead of children | |
of A. | 5 |
4. A for life “until he has a child”, and then to his child or children. | |
Note. Subsection (2) will not affect the reference to the age of 21 years in | |
example 2. | |
(4) Section 67(2) does not prejudice— | |
(a) any qualifying interest, or | 10 |
(b) any interest expectant (whether immediately or not) upon a qualifying | |
interest. | |
“Qualifying interest” means an interest vested in possession in the adopted | |
person before the adoption. | |
(5) Where it is necessary to determine for the purposes of a disposition of property | 15 |
effected by an instrument whether a woman can have a child— | |
(a) it must be presumed that once a woman has attained the age of 55 years | |
she will not adopt a person after execution of the instrument, and | |
(b) if she does so, then (in spite of section 67) that person is not to be treated | |
as her child or as the child of her spouse (if any) for the purposes of the | 20 |
instrument. | |
(6) In this section, “instrument” includes a private Act settling property, but not | |
any other enactment. | |
70 Dispositions depending on date of birth | |
(1) Where a disposition depends on the date of birth of a person who was born | 25 |
illegitimate and who is adopted by one of the natural parents as sole adoptive | |
parent, section 69(2) does not affect entitlement by virtue of Part 3 of the Family | |
Law Reform Act 1987 (c. 42) (dispositions of property). | |
(2) Subsection (1) applies for example where— | |
(a) a testator dies in 2001 bequeathing a legacy to his eldest grandchild | 30 |
living at a specified time, | |
(b) his unmarried daughter has a child in 2002 who is the first grandchild, | |
(c) his married son has a child in 2003, | |
(d) subsequently his unmarried daughter adopts her child as sole adoptive | |
parent. | 35 |
In that example the status of the daughter’s child as the eldest grandchild of | |
the testator is not affected by the events described in paragraphs (c) and (d). | |
71 Property devolving with peerages etc. | |
(1) An adoption does not affect the descent of any peerage or dignity or title of | |
honour. | 40 |
(2) An adoption does not affect the devolution of any property limited (expressly | |
or not) to devolve (as nearly as the law permits) along with any peerage or | |
dignity or title of honour. | |
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(3) Subsection (2) applies only if and so far as a contrary intention is not expressed | |
in the instrument, and has effect subject to the terms of the instrument. | |
72 Protection of trustees and personal representatives | |
(1) A trustee or personal representative is not under a duty, by virtue of the law | |
relating to trusts or the administration of estates, to enquire, before conveying | 5 |
or distributing any property, whether any adoption has been effected or | |
revoked if that fact could affect entitlement to the property. | |
(2) A trustee or personal representative is not liable to any person by reason of a | |
conveyance or distribution of the property made without regard to any such | |
fact if he has not received notice of the fact before the conveyance or | 10 |
distribution. | |
(3) This section does not prejudice the right of a person to follow the property, or | |
any property representing it, into the hands of another person, other than a | |
purchaser, who has received it. | |
73 Meaning of disposition | 15 |
(1) This section applies for the purposes of this Chapter. | |
(2) A disposition includes the conferring of a power of appointment and any other | |
disposition of an interest in or right over property; and in this subsection a | |
power of appointment includes any discretionary power to transfer a | |
beneficial interest in property without the furnishing of valuable | 20 |
consideration. | |
(3) This Chapter applies to an oral disposition as if contained in an instrument | |
made when the disposition was made. | |
(4) The date of death of a testator is the date at which a will or codicil is to be | |
regarded as made. | 25 |
(5) The provisions of the law of intestate succession applicable to the estate of a | |
deceased person are to be treated as if contained in an instrument executed by | |
him (while of full capacity) immediately before his death. | |
74 Miscellaneous enactments | |
(1) Section 67 does not apply for the purposes of— | 30 |
(a) the table of kindred and affinity in Schedule 1 to the Marriage Act 1949 | |
(c. 76), | |
(b) sections 10 and 11 of the Sexual Offences Act 1956 (c. 69) (incest), or | |
(c) section 54 of the Criminal Law Act 1977 (c. 45) (inciting a girl to commit | |
incest). | 35 |
(2) Section 67 does not apply for the purposes of any provision of— | |
(a) the British Nationality Act 1981 (c. 61), | |
(b) the Immigration Act 1971 (c. 77), | |
(c) any instrument having effect under an enactment within paragraph (a) | |
or (b), or | 40 |
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(d) any other provision of the law for the time being in force which | |
determines British citizenship, British overseas territories citizenship, | |
the status of a British National (Overseas) or British Overseas | |
citizenship. | |
75 Pensions | 5 |
Section 67(2) does not affect entitlement to a pension which is payable to or for | |
the benefit of a person and is in payment at the time of the person’s adoption. | |
76 Insurance | |
(1) Where a child is adopted whose natural parent has effected an insurance with | |
a friendly society or a collecting society or an industrial insurance company for | 10 |
the payment on the death of the child of money for funeral expenses, then— | |
(a) the rights and liabilities under the policy are by virtue of the adoption | |
transferred to the adoptive parents, and | |
(b) for the purposes of the enactments relating to such societies and | |
companies, the adoptive parents are to be treated as the person who | 15 |
took out the policy. | |
(2) Where the adoption is effected by an order made by virtue of section 51(2), the | |
references in subsection (1) to the adoptive parents are to be read as references | |
to the adopter and the person to whom the adopter is married. | |
Chapter 5 | 20 |
The Registers | |
Adopted Children Register etc. | |
77 Adopted Children Register | |
(1) The Registrar General must continue to maintain in the General Register Office | |
a register, to be called the Adopted Children Register. | 25 |
(2) The Adopted Children Register is not to be open to public inspection or search. | |
(3) No entries may be made in the Adopted Children Register other than entries— | |
(a) directed to be made in it by adoption orders, or | |
(b) required to be made under Schedule 1. | |
(4) A certified copy of an entry in the Adopted Children Register, if purporting to | 30 |
be sealed or stamped with the seal of the General Register Office, is to be | |
received as evidence of the adoption to which it relates without further or other | |
proof. | |
(5) Where an entry in the Adopted Children Register contains a record— | |
(a) of the date of birth of the adopted person, or | 35 |
(b) of the country, or the district and sub-district, of the birth of the | |
adopted person, | |
a certified copy of the entry is also to be received, without further or other | |
proof, as evidence of that date, or country or district and sub-district, (as the | |
case may be) in all respects as if the copy were a certified copy of an entry in | 40 |
the registers of live-births. | |
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(6) Schedule 1 (registration of adoptions and the amendment of adoption orders) | |
is to have effect. | |
78 Searches and copies | |
(1) The Registrar General must continue to maintain at the General Register Office | |
an index of the Adopted Children Register. | 5 |
(2) Any person may— | |
(a) search the index, | |
(b) have a certified copy of any entry in the Adopted Children Register. | |
(3) But a person is not entitled to have a certified copy of an entry in the Adopted | |
Children Register relating to an adopted person who has not attained the age | 10 |
of 18 years unless the applicant has provided the Registrar General with the | |
prescribed particulars. | |
“Prescribed” means prescribed by regulations made by the Registrar General | |
with the approval of the Chancellor of the Exchequer. | |
(4) The terms, conditions and regulations as to payment of fees, and otherwise, | 15 |
applicable under the Births and Deaths Registration Act 1953 (c. 20), and the | |
Registration Service Act 1953 (c. 37), in respect of— | |
(a) searches in the index kept in the General Register Office of certified | |
copies of entries in the registers of live-births, | |
(b) the supply from that office of certified copies of entries in those certified | 20 |
copies, | |
also apply in respect of searches, and supplies of certified copies, under | |
subsection (2). | |
79 Connections between the register and birth records | |
(1) The Registrar General must make traceable the connection between any entry | 25 |
in the registers of live-births or other records which has been marked | |
“Adopted” and any corresponding entry in the Adopted Children Register. | |
(2) Information kept by the Registrar General for the purposes of subsection (1) is | |
not to be open to public inspection or search. | |
(3) Any such information, and any other information which would enable an | 30 |
adopted person to obtain a certified copy of the record of his birth, may only | |
be disclosed by the Registrar General in accordance with this section. | |
(4) In relation to a person adopted before the appointed day the court may, in | |
exceptional circumstances, order the Registrar General to give any information | |
mentioned in subsection (3) to a person. | 35 |
(5) On an application made in the prescribed manner by the appropriate adoption | |
agency in respect of an adopted person a record of whose birth is kept by the | |
Registrar General, the Registrar General must give the agency any information | |
relating to the adopted person which is mentioned in subsection (3). | |
“Appropriate adoption agency” has the same meaning as in section 65. | 40 |
(6) In relation to a person adopted before the appointed day, Schedule 2 applies | |
instead of subsection (5). | |
(7) On an application made in the prescribed manner by an adopted person a | |
record of whose birth is kept by the Registrar General and who— | |
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(a) is under the age of 18 years, and | |
(b) intends to be married, | |
the Registrar General must inform the applicant whether or not it appears from | |
information contained in the registers of live-births or other records that the | |
applicant and the person whom the applicant intends to marry may be within | 5 |
the prohibited degrees of relationship for the purposes of the Marriage Act | |
1949 (c. 76). | |
(8) Before the Registrar General gives any information by virtue of this section, | |
any prescribed fee which he has demanded must be paid. | |
(9) In this section— | 10 |
“appointed day” means the day appointed for the commencement of | |
sections 56 to 65, | |
“prescribed” means prescribed by regulations made by the Registrar | |
General with the approval of the Chancellor of the Exchequer. | |
Adoption Contact Register | 15 |
80 Adoption Contact Register | |
(1) The Registrar General must continue to maintain at the General Register Office | |
in accordance with regulations a register in two Parts to be called the Adoption | |
Contact Register. | |
(2) Part 1 of the register is to contain the prescribed information about adopted | 20 |
persons who have given the prescribed notice expressing their wishes as to | |
making contact with their relatives. | |
(3) The Registrar General may only make an entry in Part 1 of the register for an | |
adopted person— | |
(a) a record of whose birth is kept by the Registrar General, | 25 |
(b) who has attained the age of 18 years, and | |
(c) who the Registrar General is satisfied has such information as is | |
necessary to enable him to obtain a certified copy of the record of his | |
birth. | |
(4) Part 2 of the register is to contain the prescribed information about persons | 30 |
who have given the prescribed notice expressing their wishes, as relatives of | |
adopted persons, as to making contact with those persons. | |
(5) The Registrar General may only make an entry in Part 2 of the register for a | |
person— | |
(a) who has attained the age of 18 years, and | 35 |
(b) who the Registrar General is satisfied is a relative of an adopted person | |
and has such information as is necessary to enable him to obtain a | |
certified copy of the record of the adopted person’s birth. | |
(6) Regulations may provide for— | |
(a) the disclosure of information contained in one Part of the register to | 40 |
persons for whom there is an entry in the other Part, | |
(b) the payment of prescribed fees in respect of the making or alteration of | |
entries in the register and the disclosure of information contained in the | |
register. | |
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