|
| |
| |
81 Adoption Contact Register: supplementary | |
(1) The Adoption Contact Register is not to be open to public inspection or search. | |
(2) In section 80, “relative”, in relation to an adopted person, means any person | |
who (but for his adoption) would be related to him by blood (including half- | |
blood) or marriage. | 5 |
(3) The Registrar General must not give any information entered in the register to | |
any person except in accordance with subsection (6)(a) of that section or | |
regulations made by virtue of section 64(4)(b). | |
(4) In section 80, “regulations” means regulations made by the Registrar General | |
with the approval of the Chancellor of the Exchequer, and “prescribed” means | 10 |
prescribed by such regulations. | |
General | |
82 Interpretation | |
(1) In this Chapter— | |
“records” includes certified copies kept by the Registrar General of entries | 15 |
in any register of births, | |
“registers of live-births” means the registers of live-births made under the | |
Births and Deaths Registration Act 1953 (c. 20). | |
(2) Any register, record or index maintained under this Chapter may be | |
maintained in any form the Registrar General considers appropriate; and | 20 |
references (however expressed) to entries in such a register, or to their | |
amendment, marking or cancellation, are to be read accordingly. | |
Chapter 6 | |
Adoptions with a foreign element | |
Bringing children into and out of the United Kingdom | 25 |
83 Restriction on bringing children in | |
(1) This section applies where a person who is habitually resident in the British | |
Islands (the “British resident”)— | |
(a) brings, or causes another to bring, a child who is habitually resident | |
outside the British Islands into the United Kingdom for the purpose of | 30 |
adoption by the British resident, or | |
(b) at any time brings, or causes another to bring, into the United Kingdom | |
a child adopted by the British resident under an external adoption | |
effected within the period of six months ending with that time. | |
The references to adoption, or to a child adopted, by the British resident | 35 |
include a reference to adoption, or to a child adopted, by the British resident | |
and another person. | |
(2) But this section does not apply if— | |
(a) the adopters or (as the case may be) prospective adopters are natural | |
parents, natural relatives or guardians of the child (or one of them is), | 40 |
| |
| |
|
| |
| |
(b) the British resident is a step-parent of the child, | |
(c) the child is intended to be adopted under a Convention adoption order. | |
(3) An external adoption means an adoption, other than a Convention adoption, | |
of a child effected under the law of any country or territory outside the British | |
Islands, whether or not the adoption is— | 5 |
(a) an adoption within the meaning of Chapter 4, or | |
(b) a full adoption (within the meaning of section 87(3)). | |
(4) Regulations may require a person intending to bring, or to cause another to | |
bring, a child into the United Kingdom in circumstances where this section | |
applies— | 10 |
(a) to apply to an adoption agency (including a Scottish or Northern Irish | |
adoption agency) in the prescribed manner for an assessment of his | |
suitability to adopt the child, and | |
(b) to give the agency any information it may require for the purpose of the | |
assessment. | 15 |
(5) Regulations may require prescribed conditions to be met in respect of a child | |
brought into the United Kingdom in circumstances where this section applies. | |
(6) In relation to a child brought into the United Kingdom for adoption in | |
circumstances where this section applies, regulations may— | |
(a) provide for any provision of Chapter 3 to apply with modifications or | 20 |
not to apply, | |
(b) if notice of intention to adopt has been given, impose functions in | |
respect of the child on the local authority to which the notice was given. | |
(7) If a person brings, or causes another to bring, a child into the United Kingdom | |
at any time in circumstances where this section applies, he is guilty of an | 25 |
offence if— | |
(a) he has not complied with any requirement imposed by virtue of | |
subsection (4), or | |
(b) any condition required to be met by virtue of subsection (5) is not met, | |
before that time, or before any later time which may be prescribed. | 30 |
(8) A person guilty of an offence under this section is liable— | |
(a) on summary conviction to imprisonment for a term not exceeding six | |
months, or a fine not exceeding the statutory maximum, or both, | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
twelve months, or a fine, or both. | 35 |
(9) In this section, “prescribed” means prescribed by regulations and “regulations” | |
means regulations made by the Secretary of State, after consultation with the | |
Assembly. | |
84 Giving parental responsibility prior to adoption abroad | |
(1) The High Court may, on an application by persons who the court is satisfied | 40 |
intend to adopt a child under the law of a country or territory outside the | |
British Islands, make an order giving parental responsibility for the child to | |
them. | |
| |
| |
|
| |
| |
(2) An order under this section may not give parental responsibility to persons | |
who the court is satisfied meet those requirements as to domicile, or habitual | |
residence, in England and Wales which have to be met if an adoption order is | |
to be made in favour of those persons. | |
(3) An order under this section may not be made unless any requirements | 5 |
prescribed by regulations are satisfied. | |
(4) An application for an order under this section may not be made unless at all | |
times during the preceding ten weeks the child’s home was with the applicant | |
or, in the case of an application by a married couple, both of them. | |
(5) Section 46(2) to (4) has effect in relation to an order under this section as it has | 10 |
effect in relation to adoption orders. | |
(6) Regulations may provide for any provision of this Act which refers to adoption | |
orders to apply, with or without modifications, to orders under this section. | |
(7) In this section, “regulations” means regulations made by the Secretary of State, | |
after consultation with the Assembly. | 15 |
85 Restriction on taking children out | |
(1) A child who— | |
(a) is a Commonwealth citizen, or | |
(b) is habitually resident in the United Kingdom, | |
must not be removed from the United Kingdom to a place outside the British | 20 |
Islands for the purpose of adoption unless the condition in subsection (2) is | |
met. | |
(2) The condition is that— | |
(a) the proposed adopters are parents, relatives or guardians of the child | |
(or one of them is), | 25 |
(b) the proposed adopter is a step-parent of the child, | |
(c) the proposed adopters have parental responsibility for the child by | |
virtue of an order under section 84, | |
(d) the child is removed under the authority of an order under section 49 | |
of the Adoption (Scotland) Act 1978 (c. 28) or Article 57 of the Adoption | 30 |
(Northern Ireland) Order 1987. | |
(3) Removing a child from the United Kingdom includes arranging to do so; and | |
the circumstances in which a person arranges to remove a child from the | |
United Kingdom include those where he— | |
(a) enters into an arrangement for the purpose of facilitating such a | 35 |
removal of the child, | |
(b) initiates or takes part in any negotiations of which the purpose is the | |
conclusion of an arrangement within paragraph (a), or | |
(c) causes another person to take any step mentioned in paragraph (a) or | |
(b). | 40 |
An arrangement includes an agreement (whether or not enforceable). | |
(4) A person who removes a child from the United Kingdom in contravention of | |
subsection (1) is guilty of an offence. | |
(5) A person is not guilty of an offence under subsection (4) of causing a person to | |
take any step mentioned in paragraph (a) or (b) of subsection (3) unless it is | 45 |
proved that he knew or had reason to suspect that the step taken would | |
contravene subsection (1). | |
| |
| |
|
| |
| |
But this subsection only applies if sufficient evidence is adduced to raise an | |
issue as to whether the person had the knowledge or reason mentioned. | |
(6) A person guilty of an offence under this section is liable— | |
(a) on summary conviction to imprisonment for a term not exceeding six | |
months, or a fine not exceeding the statutory maximum, or both, | 5 |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
twelve months, or a fine, or both. | |
(7) In any proceedings under this section— | |
(a) a report by a British consular officer or a deposition made before a | |
British consular officer and authenticated under the signature of that | 10 |
officer is admissible, upon proof that the officer or the deponent cannot | |
be found in the United Kingdom, as evidence of the matters stated in it, | |
and | |
(b) it is not necessary to prove the signature or official character of the | |
person who appears to have signed any such report or deposition. | 15 |
Overseas adoptions | |
86 Overseas adoptions | |
(1) In this Act, “overseas adoption”— | |
(a) means an adoption of a description specified in an order made by the | |
Secretary of State, being a description of adoptions effected under the | 20 |
law of any country or territory outside the British Islands, but | |
(b) does not include a Convention adoption. | |
(2) Regulations may prescribe the requirements that ought to be met by an | |
adoption of any description effected after the commencement of the | |
regulations for it to be an overseas adoption for the purposes of this Act. | 25 |
(3) At any time when such regulations have effect, the Secretary of State must | |
exercise his powers under this section so as to secure that subsequently effected | |
adoptions of any description are not overseas adoptions for the purposes of | |
this Act if he considers that they are not likely within a reasonable time to meet | |
the prescribed requirements. | 30 |
(4) In this section references to this Act include the Adoption Act 1976 (c. 36). | |
(5) An order under this section may contain provision as to the manner in which | |
evidence of any overseas adoption may be given. | |
(6) In this section— | |
“adoption” means an adoption of a child or of a person who was a child | 35 |
at the time the adoption was applied for, | |
“regulations” means regulations made by the Secretary of State after | |
consultation with the Assembly. | |
Miscellaneous | |
87 Modification of section 67 for Convention adoptions | 40 |
| |
| |
|
| |
| |
(1) If the High Court is satisfied, on an application under this section, that each of | |
the following conditions is met in the case of a Convention adoption, it may | |
direct that section 67(2) does not apply, or does not apply to any extent | |
specified in the direction. | |
(2) The conditions are— | 5 |
(a) that under the law of the country in which the adoption was effected, | |
the adoption is not a full adoption, | |
(b) that the consents referred to in Article 4(c) and (d) of the Convention | |
have not been given for a full adoption or that the United Kingdom is | |
not the receiving State (within the meaning of Article 2 of the | 10 |
Convention), | |
(c) that it would be more favourable to the adopted child for a direction to | |
be given under subsection (1). | |
(3) A full adoption is an adoption by virtue of which the child is to be treated in | |
law as not being the child of any person other than the adopters or adopter. | 15 |
(4) In relation to a direction under this section and an application for it, sections 59 | |
and 60 of the Family Law Act 1986 (c. 55) (declarations under Part 3 of that Act | |
as to marital status) apply as they apply in relation to a direction under that | |
Part and an application for such a direction. | |
88 Annulment etc. of overseas or Convention adoptions | 20 |
(1) The High Court may, on an application under this subsection, by order annul | |
a Convention adoption or Convention adoption order on the ground that the | |
adoption is contrary to public policy. | |
(2) The High Court may, on an application under this subsection— | |
(a) by order provide for an overseas adoption or a determination under | 25 |
section 90 to cease to be valid on the ground that the adoption or | |
determination is contrary to public policy or that the authority which | |
purported to authorise the adoption or make the determination was not | |
competent to entertain the case, or | |
(b) decide the extent, if any, to which a determination under section 90 has | 30 |
been affected by a subsequent determination under that section. | |
(3) The High Court may, in any proceedings in that court, decide that an overseas | |
adoption or a determination under section 90 is to be treated, for the purposes | |
of those proceedings, as invalid on either of the grounds mentioned in | |
subsection (2)(a). | 35 |
(4) Subject to the preceding provisions, the validity of a Convention adoption, | |
Convention adoption order or overseas adoption or a determination under | |
section 90 cannot be called in question in proceedings in any court in England | |
and Wales. | |
89 Section 88: supplementary | 40 |
(1) Any application for an order under section 88 or a decision under subsection | |
(2)(b) or (3) of that section must be made in the prescribed manner and within | |
any prescribed period. | |
“Prescribed” means prescribed by rules. | |
(2) No application may be made under section 88(1) in respect of an adoption | 45 |
unless immediately before the application is made— | |
(a) the person adopted, or | |
| |
| |
|
| |
| |
(b) the adopter or (in the case of a married couple) both of them, | |
habitually reside in England and Wales. | |
(3) In deciding in pursuance of section 88 whether such an authority as is | |
mentioned in section 90 was competent to entertain a particular case, a court is | |
bound by any finding of fact made by the authority and stated by the authority | 5 |
to be so made for the purpose of determining whether the authority was | |
competent to entertain the case. | |
90 Overseas determinations and orders | |
(1) Subsection (2) applies where any authority of a Convention country (other | |
than the United Kingdom) or of the Channel Islands, the Isle of Man or any | 10 |
British overseas territory has power under the law of that country or | |
territory— | |
(a) to authorise, or review the authorisation of, an adoption order made in | |
that country or territory, or | |
(b) to give or review a decision revoking or annulling such an order or a | 15 |
Convention adoption. | |
(2) If the authority makes a determination in the exercise of that power, the | |
determination is to have effect for the purpose of effecting, confirming or | |
terminating the adoption in question or, as the case may be, confirming its | |
termination. | 20 |
(3) Subsection (2) is subject to section 88 and to any subsequent determination | |
having effect under that subsection. | |
Chapter 7 | |
Miscellaneous | |
Restrictions | 25 |
91 Restriction on arranging adoptions, etc. | |
(1) A person who is neither an adoption agency nor acting in pursuance of an | |
order of the High Court must not take any of the steps mentioned in subsection | |
(2). | |
(2) The steps are— | 30 |
(a) asking a person other than an adoption agency to provide a child for | |
adoption, | |
(b) asking a person other than an adoption agency to provide prospective | |
adopters for a child, | |
(c) offering to find a child for adoption, | 35 |
(d) offering a child for adoption to a person other than an adoption agency, | |
(e) handing over a child to any person other than an adoption agency with | |
a view to the child’s adoption by that or another person, | |
(f) receiving a child handed over to him in contravention of paragraph (e), | |
(g) entering into an agreement with any person for the adoption of a child, | 40 |
or for the purpose of facilitating the adoption of a child, where no | |
adoption agency is acting on behalf of the child in the adoption, | |
| |
| |
|
| |
| |
(h) initiating or taking part in negotiations of which the purpose is the | |
conclusion of an agreement within paragraph (g), | |
(i) causing another person to take any of the steps mentioned in | |
paragraphs (a) to (h). | |
(3) Subsection (1) does not apply to a person taking any of the steps mentioned in | 5 |
paragraphs (d), (e), (g), (h) and (i) of subsection (2) if the following condition is | |
met. | |
(4) The condition is that— | |
(a) the prospective adopters are parents, relatives or guardians of the child | |
(or one of them is), or | 10 |
(b) the prospective adopter is a step-parent of the child. | |
(5) References to an adoption agency in subsection (2) include a prescribed person | |
outside the United Kingdom exercising functions corresponding to those of an | |
adoption agency, if the functions are being exercised in prescribed | |
circumstances in respect of the child in question. | 15 |
(6) The Secretary of State may, after consultation with the Assembly, by order | |
make any amendments of subsections (1) to (4), and any consequential | |
amendments of this Act, which he considers necessary or expedient. | |
(7) In this section— | |
(a) “agreement” includes an arrangement (whether or not enforceable), | 20 |
(b) “prescribed” means prescribed by regulations made by the Secretary of | |
State after consultation with the Assembly. | |
92 Offence of breaching restrictions under section 91 | |
(1) If a person contravenes section 91(1), he is guilty of an offence; and, if that | |
person is an adoption society, the person who manages the society is also | 25 |
guilty of the offence. | |
(2) A person is not guilty of an offence under subsection (1) of taking the step | |
mentioned in paragraph (f) of section 91(2) unless it is proved that he knew or | |
had reason to suspect that the child was handed over to him in contravention | |
of paragraph (e) of that subsection. | 30 |
(3) A person is not guilty of an offence under subsection (1) of causing a person to | |
take any of the steps mentioned in paragraphs (a) to (h) of section 91(2) unless | |
it is proved that he knew or had reason to suspect that the step taken would | |
contravene the paragraph in question. | |
(4) But subsections (2) and (3) only apply if sufficient evidence is adduced to raise | 35 |
an issue as to whether the person had the knowledge or reason mentioned. | |
(5) A person guilty of an offence under this section is liable on summary | |
conviction to imprisonment for a term not exceeding six months, or a fine not | |
exceeding £10,000, or both. | |
93 Restriction on reports | 40 |
(1) A person who is not within a prescibed description may not, in any prescribed | |
circumstances, prepare a report for any person about the suitability of a child | |
for adoption or of a person to adopt a child or about the adoption, or placement | |
for adoption, of a child. | |
| |
| |
|
