The Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003

Preparation of the Article 16 report for RSCA

29.—(1) Where the HSS trust decides under regulation 28 that the proposed placement is in the best interests of the child and the adoption may proceed, it must prepare a report for the purposes of Article 16(1) of the Convention (“the Article 16 report”) which must include–

(a) information about the child’s identity, suitability for adoption, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child; and

(b) the reasons for its decision.

(2) The HSS trust must send the Article 16 report to the Central Authority together with–

(a) evidence that an order freeing the child for adoption has been made in respect of the child;

(b) written observations relating to the child’s upbringing and to his ethnic, religious and cultural background; and

(c) the report, if any, referred to in regulation 23(2)(b)(ii).

(3) The Central Authority must send the Article 16 report and other information referred to in paragraph (2) to the RSCA.

(4) The Central Authority may notify the RSCA that it is prepared to agree that the adoption may proceed provided that the RSCA has confirmed that–

(a) the Convention prospective adopter has agreed to adopt the child and has received such counselling as may be necessary;

(b) the Convention prospective adopter has confirmed that he will accompany the child to the receiving State;

(c) it is content for the adoption to proceed; and

(d) the child is or will be authorised to enter and reside permanently in the Convention country if a Convention adoption is made in that Convention country or a Convention adoption order is made in the United Kingdom.

(5) Subject to paragraph (7), the Central Authority may not make an agreement under Article 17(c) of the Convention with the RSCA unless the HSS trust has confirmed to the Central Authority that–

(a) it has met the Convention prospective adopter;

(b) the Convention prospective adopter has visited the child;

(c) the Convention prospective adopter is content for the adoption to proceed; and

(d) the HSS trust is content for the adoption to proceed.

(6) A HSS trust may not place a child for adoption with a Convention prospective adopter unless the agreement under Article 17(c) of the Convention has been made and the Central Authority has advised the HSS trust that the agreement has been made.

(7) In paragraph (5), “Convention prospective adopter” means, in the case where the Convention prospective adopters are a married couple, both of them.