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

Breakdown of placement

17.—(1) This regulation applies where–

(a) the prospective adopter notifies the relevant HSS trust under regulation 15 that he does not wish to proceed with the adoption; or

(b) the prospective adopter has surrendered the child to the relevant HSS trust in accordance with regulation 16; or

(c) an application for a Convention adoption order is refused, or a Convention adoption or a Convention adoption order is annulled pursuant to Article 55A(1) of the 1987 Order.

(2) Where the relevant HSS trust is satisfied that it would be in the child’s best interests to be placed for adoption with another prospective adopter habitually resident in the United Kingdom they must seek to identify a suitable adoptive parent for the child.

(3) Where the relevant HSS trust has identified another prospective adopter who is eligible to adopt and has been assessed in accordance with these Regulations and approved as suitable to be an adoptive parent in accordance with regulations 3 to 8–

(a) that HSS trust must notify the Central Authority in writing that–

(i) another prospective adopter has been identified;

(ii) the requirements, procedures and notifications as provided for in regulation 3 and regulation 8 have been complied with; and

(b) the requirements specified in regulation 9(1) shall apply in respect of that prospective adopter.

(4) Where the Central Authority has been notified in accordance with paragraph (3)–

(a) regulation 9(2) to (4) shall apply in respect of that other prospective adopter;

(b) it shall inform SOCA of the proposed placement; and

(c) it shall agree that placement with SOCA in accordance with the provisions in this Part.

(5) Where the relevant HSS trust is not satisfied that it would be in the child’s best interests to be placed for adoption with another prospective adopter in Northern Ireland, it must liaise with the Central Authority to arrange for the return of the child to his State of origin.

(6) Before coming to any decision under this regulation, the relevant HSS trust must have regard to the wishes and feelings of the child, having regard to his age and understanding and, where appropriate, obtain his consent in relation to measures to be taken under this regulation.

(1)

Article 55A was inserted by section 5 of the 2001 Act