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
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
(4) Section 67(2) does not prejudice—
(a) any qualifying interest, or
(b) any interest expectant (whether immediately or not) upon a qualifying
“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
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
(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
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
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
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
(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.
(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
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
(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
(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
(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.
(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—
(a) the table of kindred and affinity in Schedule 1 to the Marriage Act 1949
(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
(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
(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
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.
(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
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
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.
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.
(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
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
(5) Where an entry in the Adopted Children Register contains a record—
(a) of the date of birth of the adopted person, or
(b) of the country, or the district and sub-district, of the birth of the
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
the registers of live-births.
(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.
(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
of 18 years unless the applicant has provided the Registrar General with the
“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,
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
also apply in respect of searches, and supplies of certified copies, under
79 Connections between the register and birth records
(1) The Registrar General must make traceable the connection between any entry
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
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.
(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.
(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—
(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
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—
“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
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
(2) Part 1 of the register is to contain the prescribed information about adopted
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
(a) a record of whose birth is kept by the Registrar General,
(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
(4) Part 2 of the register is to contain the prescribed information about persons
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
(a) who has attained the age of 18 years, and
(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
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