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Schedules | |
Schedule 1 | |
Section 77 | |
Registration of Adoptions | |
Registration of adoption orders | |
1 (1) Every adoption order must contain a direction to the Registrar General to | 5 |
make in the Adopted Children Register an entry in the form prescribed by | |
regulations made by the Registrar General with the approval of the | |
Chancellor of the Exchequer. | |
(2) Where, on an application to a court for an adoption order in respect of a | |
child, the identity of the child with a child to whom an entry in the registers | 10 |
of live-births or other records relates is proved to the satisfaction of the court, | |
any adoption order made in pursuance of the application must contain a | |
direction to the Registrar General to secure that the entry in the register or, | |
as the case may be, record in question is marked with the word “Adopted”. | |
(3) Where an adoption order is made in respect of a child who has previously | 15 |
been the subject of an adoption order made by a court in England or Wales | |
under Part 1 of this Act or any other enactment— | |
(a) sub-paragraph (2) does not apply, and | |
(b) the order must contain a direction to the Registrar General to mark | |
the previous entry in the Adopted Children Register with the word | 20 |
“Re-adopted”. | |
(4) Where an adoption order is made, the prescribed officer of the court which | |
made the order must communicate the order to the Registrar General in the | |
prescribed manner; and the Registrar General must then comply with the | |
directions contained in the order. | 25 |
“Prescribed” means prescribed by rules. | |
Registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel | |
Islands | |
2 (1) Sub-paragraphs (2) and (3) apply where the Registrar General is notified by | |
the authority maintaining a register of adoptions in a part of the British | 30 |
Islands outside England and Wales that an order has been made in that part | |
authorising the adoption of a child. | |
(2) If an entry in the registers of live-births or other records (and no entry in the | |
Adopted Children Register) relates to the child, the Registrar General must | |
secure that the entry is marked with— | 35 |
(a) the word “Adopted”, followed by | |
(b) the name, in brackets, of the part in which the order was made. | |
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(3) If an entry in the Adopted Children Register relates to the child, the | |
Registrar General must mark the entry with— | |
(a) the word “Re-adopted”, followed by | |
(b) the name, in brackets, of the part in which the order was made. | |
(4) Where, after an entry in either of the registers or other records mentioned in | 5 |
sub-paragraphs (2) and (3) has been so marked, the Registrar General is | |
notified by the authority concerned that— | |
(a) the order has been quashed, | |
(b) an appeal against the order has been allowed, or | |
(c) the order has been revoked, | 10 |
the Registrar General must secure that the marking is cancelled. | |
(5) A copy or extract of an entry in any register or other record, being an entry | |
the marking of which is cancelled under sub-paragraph (4), is not to be | |
treated as an accurate copy unless both the marking and the cancellation are | |
omitted from it. | 15 |
Registration of other adoptions | |
3 (1) If the Registrar General is satisfied, on an application under this paragraph, | |
that he has sufficient particulars relating to a child adopted under a | |
registrable foreign adoption to enable an entry to be made in the Adopted | |
Children Register for the child he must make the entry accordingly. | 20 |
(2) If he is also satisfied that an entry in the registers of live-births or other | |
records relates to the child, he must— | |
(a) secure that the entry is marked “Adopted”, followed by the name in | |
brackets of the country in which the adoption was effected, or | |
(b) where appropriate, secure that the overseas registers of births are so | 25 |
marked. | |
(3) An application under this paragraph must be made, in the prescribed | |
manner, by a prescribed person and the applicant must provide the | |
prescribed documents and other information. | |
(4) An entry made in the Adopted Children Register by virtue of this paragraph | 30 |
must be made in the prescribed form. | |
(5) In this Schedule “registrable foreign adoption” means an adoption which | |
satisfies prescribed requirements and is either— | |
(a) adoption under a Convention adoption, or | |
(b) adoption under an overseas adoption. | 35 |
(6) In this paragraph— | |
(a) “prescribed” means prescribed by regulations made by the Registrar | |
General with the approval of the Chancellor of the Exchequer, | |
(b) “overseas register of births” includes— | |
(i) a register made under regulations made by the Secretary of | 40 |
State under section 41(1)(g), (h) or (i) of the British | |
Nationality Act 1981 (c. 61), | |
(ii) a record kept under an Order in Council made under section | |
1 of the Registration of Births, Deaths and Marriages (Special | |
Provisions) Act 1957 (c. 58) (other than a certified copy kept | 45 |
by the Registrar General). | |
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Amendment of orders and rectification of Registers and other records | |
4 (1) The court by which an adoption order has been made may, on the | |
application of the adopter or the adopted person, amend the order by the | |
correction of any error in the particulars contained in it. | |
(2) The court by which an adoption order has been made may, if satisfied on the | 5 |
application of the adopter or the adopted person that within the period of | |
one year beginning with the date of the order any new name— | |
(a) has been given to the adopted person (whether in baptism or | |
otherwise), or | |
(b) has been taken by the adopted person, | 10 |
either in place of or in addition to a name specified in the particulars | |
required to be entered in the Adopted Children Register in pursuance of the | |
order, amend the order by substituting or, as the case may be, adding that | |
name in those particulars. | |
(3) The court by which an adoption order has been made may, if satisfied on the | 15 |
application of any person concerned that a direction for the marking of an | |
entry in the registers of live-births, the Adopted Children Register or other | |
records included in the order in pursuance of paragraph 1(2) or (3) was | |
wrongly so included, revoke that direction. | |
(4) Where an adoption order is amended or a direction revoked under sub- | 20 |
paragraphs (1) to (3), the prescribed officer of the court must communicate | |
the amendment in the prescribed manner to the Registrar General. | |
“Prescribed” means prescribed by rules. | |
(5) The Registrar General must then— | |
(a) amend the entry in the Adopted Children Register accordingly, or | 25 |
(b) secure that the marking of the entry in the registers of live-births, the | |
Adopted Children Register or other records is cancelled, | |
as the case may be. | |
(6) Where an adoption order is quashed or an appeal against an adoption order | |
allowed by any court, the court must give directions to the Registrar General | 30 |
to secure that— | |
(a) any entry in the Adopted Children Register, and | |
(b) any marking of an entry in that Register, the registers of live-births | |
or other records as the case may be, which was effected in pursuance | |
of the order, | 35 |
is cancelled. | |
(7) Where an adoption order has been amended, any certified copy of the | |
relevant entry in the Adopted Children Register which may be issued | |
pursuant to section 78(2)(b) must be a copy of the entry as amended, without | |
the reproduction of— | 40 |
(a) any note or marking relating to the amendment, or | |
(b) any matter cancelled in pursuance of it. | |
(8) A copy or extract of an entry in any register or other record, being an entry | |
the marking of which has been cancelled, is not to be treated as an accurate | |
copy unless both the marking and the cancellation are omitted from it. | 45 |
(9) If the Registrar General is satisfied— | |
(a) that a registrable foreign adoption has ceased to have effect, whether | |
on annulment or otherwise, or | |
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(b) that any entry or mark was erroneously made in pursuance of | |
paragraph 3 in the Adopted Children Register, the registers of live- | |
births, the overseas registers of births or other records, | |
he may secure that such alterations are made in those registers or other | |
records as he considers are required in consequence of the adoption ceasing | 5 |
to have effect or to correct the error. | |
“Overseas register of births” has the same meaning as in paragraph 3. | |
(10) Where an entry in such a register is amended in pursuance of sub-paragraph | |
(9), any copy or extract of the entry is not to be treated as accurate unless it | |
shows the entry as amended but without indicating that it has been | 10 |
amended. | |
Marking of entries on re-registration of birth on legitimation | |
5 (1) Without prejudice to paragraphs 2(4) and 4(5), where, after an entry in the | |
registers of live-births or other records has been marked in accordance with | |
paragraph 1 or 2, the birth is re-registered under section 14 of the Births and | 15 |
Deaths Registration Act 1953 (c. 20) (re-registration of births of legitimated | |
persons), the entry made on the re-registration must be marked in the like | |
manner. | |
(2) Without prejudice to paragraph 4(9), where an entry in the registers of live- | |
births or other records is marked in pursuance of paragraph 3 and the birth | 20 |
in question is subsequently re-registered under section 14 of that Act, the | |
entry made on re-registration must be marked in the like manner. | |
Cancellations in registers on legitimation | |
6 (1) This paragraph applies where an adoption order is revoked under section | |
55(1) or paragraph 10 of Schedule 4. | 25 |
(2) The prescribed officer of the court must communicate the revocation in the | |
prescribed manner to the Registrar General who must then cancel or secure | |
the cancellation of— | |
(a) the entry in the Adopted Children Register relating to the adopted | |
person, and | 30 |
(b) the marking with the word “Adopted” of any entry relating to the | |
adopted person in the registers of live-births or other records. | |
“Prescribed” means prescribed by rules. | |
(3) A copy or extract of an entry in any register or other record, being an entry | |
the marking of which is cancelled under this paragraph, is not to be treated | 35 |
as an accurate copy unless both the marking and the cancellation are omitted | |
from it. | |
Schedule 2 | |
Section 79(6) | |
Disclosure of Birth Records by Registrar General | |
1 On an application made in the prescribed manner by an adopted person— | 40 |
(a) a record of whose birth is kept by the Registrar General, and | |
(b) who has attained the age of 18 years, | |
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the Registrar General must give the applicant any information necessary to | |
enable the applicant to obtain a certified copy of the record of his birth. | |
“Prescribed” means prescribed by regulations made by the Registrar | |
General with the approval of the Chancellor of the Exchequer. | |
2 (1) Before giving any information to an applicant under paragraph 1, the | 5 |
Registrar General must inform the applicant that counselling services are | |
available to the applicant— | |
(a) from a registered adoption society, an organisation within section | |
140(3)(b) or an adoption society which is registered under Article 4 | |
of the Adoption (Northern Ireland) Order 1987, | 10 |
(b) if the applicant is in England and Wales, at the General Register | |
Office or from any local authority or registered adoption support | |
agency, | |
(c) if the applicant is in Scotland, from any council constituted under | |
section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), | 15 |
(d) if the applicant is in Northern Ireland, from any Board. | |
(2) In sub-paragraph (1)(b), “registered adoption support agency” means an | |
adoption support agency in respect of which a person is registered under | |
Part 2 of the Care Standards Act 2000 (c. 14). | |
(3) In sub-paragraph (1)(d), “Board” means a Health and Social Services Board | 20 |
established under Article 16 of the Health and Personal Social Services | |
(Northern Ireland) Order 1972; but where the functions of a Board are | |
exercisable by a Health and Social Services Trust, references in that sub- | |
paragraph to a Board are to be read as references to the Health and Social | |
Services Trust. | 25 |
(4) If the applicant chooses to receive counselling from a person or body within | |
sub-paragraph (1), the Registrar General must send to the person or body | |
the information to which the applicant is entitled under paragraph 1. | |
3 (1) Where an adopted person who is in England and Wales— | |
(a) applies for information under paragraph 1 or Article 54 of the | 30 |
Adoption (Northern Ireland) Order 1987, or | |
(b) is supplied with information under section 45 of the Adoption | |
(Scotland) Act 1978 (c. 28), | |
the persons and bodies mentioned in sub-paragraph (2) must, if asked by the | |
applicant to do so, provide counselling for the applicant. | 35 |
(2) Those persons and bodies are— | |
(a) the Registrar General, | |
(b) any local authority, | |
(c) a registered adoption society, an organisation within section | |
140(3)(b) or an adoption society which is registered under Article 4 | 40 |
of the Adoption (Northern Ireland) Order 1987. | |
4 (1) Where a person— | |
(a) was adopted before 12th November 1975, and | |
(b) applies for information under paragraph 1, | |
the Registrar General must not give the information to the applicant unless | 45 |
the applicant has attended an interview with a counsellor arranged by a | |
person or body from whom counselling services are available as mentioned | |
in paragraph 2. | |
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(2) Where the Registrar General is prevented by sub-paragraph (1) from giving | |
information to a person who is not living in the United Kingdom, the | |
Registrar General may give the information to any body which— | |
(a) the Registrar General is satisfied is suitable to provide counselling to | |
that person, and | 5 |
(b) has notified the Registrar General that it is prepared to provide such | |
counselling. | |
Schedule 3 | |
Section 135 | |
Minor and consequential amendments | |
The Marriage Act 1949 | 10 |
1 Section 3 of the Marriage Act 1949 (c. 76) (marriage of person aged under | |
eighteen) is amended as follows. | |
2 In subsection (1) for “person or persons specified in subsection (1A) of this | |
section” there is substituted “appropriate persons”. | |
3 For subsection (1A) there is substituted— | 15 |
“(1A) The appropriate persons are— | |
(a) if none of paragraphs (b) to (h) apply, each of the following— | |
(i) any parent of the child who has parental | |
responsibility for him; and | |
(ii) any guardian of the child; | 20 |
(b) where a special guardianship order is in force with respect to | |
a child, each of the child’s special guardians, unless any of | |
paragraphs (c) to (g) applies; | |
(c) where a care order has effect with respect to the child, the | |
local authority designated in the order, and each parent, | 25 |
guardian or special guardian (insofar as their parental | |
responsibility has not been restricted under section 33(3) of | |
the Children Act 1989 (c. 41)), unless paragraph (e) applies; | |
(d) where a residence order has effect with respect to the child, | |
the persons with whom the child lives, or is to live, as a result | 30 |
of the order, unless paragraph (e) applies; | |
(e) where an adoption agency is authorised to place the child for | |
adoption under section 19 of the Adoption and Children Act | |
2002, that agency or, where a care order has effect with | |
respect to the child, the local authority designated in the | 35 |
order; | |
(f) where a placement order is in force with respect to the child, | |
the appropriate local authority; | |
(g) where a child has been placed for adoption with prospective | |
adopters, the prospective adopters (in so far as their parental | 40 |
responsibility has not been restricted under section 25(4) of | |
the Adoption and Children Act 2002), in addition to those | |
persons specified in paragraph (e) or (f); | |
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(h) where none of paragraphs (b) to (g) apply but a residence | |
order was in force with respect to the child immediately | |
before he reached the age of sixteen, the persons with whom | |
he lived, or was to live, as a result of the order.” | |
4 For subsection (1B) there is substituted— | 5 |
“(1B) In this section— | |
“guardian of a child”, “parental responsibility”, “residence | |
order”, “special guardian”, “special guardianship order” | |
and “care order” have the same meaning as in the Children | |
Act 1989; | 10 |
“adoption agency”, “placed for adoption”, “placement order” | |
and “local authority” have the same meaning as in the | |
Adoption and Children Act 2002; | |
“appropriate local authority” means the local authority | |
authorised by the placement order to place the child for | 15 |
adoption.” | |
5 In subsection (2), for “The last foregoing subsection” there is substituted | |
“Subsection (1)”. | |
The Births and Deaths Registration Act 1953 | |
6 In section 10 of the Births and Deaths Registration Act 1953 (c. 20) | 20 |
(registration of father where parents not married)— | |
(a) in subsection (1)(d)(i), for “a parental responsibility agreement made | |
between them in relation to the child” there is substituted “any | |
agreement made between them under section 4(1)(b) of the Children | |
Act 1989 in relation to the child”, | 25 |
(b) in subsection (1)(d)(ii), for “the Children Act 1989” there is | |
substituted “that Act”, | |
(c) in subsection (3), the words following “the Family Law Reform Act | |
1987” are omitted. | |
7 In section 10A of the Births and Deaths Registration Act 1953 (re-registration | 30 |
of father where parents not married)— | |
(a) in subsection (1)(d)(i), for “a parental responsibility agreement made | |
between them in relation to the child” there is substituted “any | |
agreement made between them under section 4(1)(b) of the Children | |
Act 1989 in relation to the child”, | 35 |
(b) in subsection (1)(d)(ii), for “the Children Act 1989” there is | |
substituted “that Act”. | |
The Sexual Offences Act 1956 | |
8 In section 28 of the Sexual Offences Act 1956 (c. 69) (causing or encouraging | |
prostitution of, intercourse with, or indecent assault on, girl under sixteen), | 40 |
in subsection (4), the “or” at the end of paragraph (a) is omitted, and after | |
that paragraph there is inserted— | |
“(aa) a special guardianship order under that Act is in force with | |
respect to her and he is not her special guardian; or”. | |
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