Adoption (Intercountry Aspects) Act 1999

Intercountry adoptions E+W+S

9 Adoption Service to include intercountry adoptions etc. E+W+S

After subsection (3) of section 1 of the 1976 and 1978 Acts (establishment of Adoption Service) there shall be inserted—

“(3A) In this Part, references to adoption are to the adoption of children, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1 S. 9 partly in force; s. 9 not in force at Royal Force; s. 9 in force for certain purposes at 30.4.2001 by S.I. 2001/1279, art. 2; s. 9 in force for certain purposes at 2.7.2001 by S.S.I. 2001/235, art. 2

Prospective

10 Approval of adoption societies to provide intercountry adoption services. E+W+S

After subsection (6) of section 3 of the 1976 Act (approval of adoption societies) there shall be inserted—

“(6A) Approval under this section may be given on terms that the applicant may act as an adoption society either—

(a) in relation to facilities provided in respect of adoptions other than those mentioned in subsection (6B); or

(b) in relation to facilities provided in respect of any adoptions, including those so mentioned.

(6B) The adoptions are—

(a) a Convention adoption;

(b) an adoption effected by a Convention adoption order;

(c) an overseas adoption;

(d) an adoption of a child habitually resident in the British Islands which is not a Convention adoption and is effected under the law of a country or territory outside the British Islands; and

(e) an adoption of a child habitually resident outside the British Islands which is effected by an adoption order other than a Convention adoption order.”

[F1 10 Approval of adoption societies to provide intercountry adoption services. E+W+S

After subsection (6) of section 3 of the 1976 Act (approval of adoption societies) there shall be inserted—

“(6A) Approval under this section may be given on terms that the applicant may act as an adoption society either—

(a) in relation to facilities provided in respect of adoptions other than those mentioned in subsection (6B); or

(b) in relation to facilities provided in respect of any adoptions, including those so mentioned.

(6B) The adoptions are—

(a) a Convention adoption;

(b) an adoption effected by a Convention adoption order;

(c) an overseas adoption;

(d) an adoption of a child habitually resident in the British Islands which is not a Convention adoption and is effected under the law of a country or territory outside the British Islands; and

(e) an adoption of a child habitually resident outside the British Islands which is effected by an adoption order other than a Convention adoption order.”]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 10 repealed (prosp.) by 2000 c. 14, ss. 117(2), 122, Sch. 6

Prospective

11 Six months residence required for certain intercountry adoptions. E+W+S

After subsection (3) of section 13 of the 1976 and 1978 Acts (child to live with adopters before order is made) there shall be inserted—

“(4) In relation to—

(a) an adoption proposed to be effected by a Convention adoption order; or

(b) an adoption of a child habitually resident outside the British Islands which is proposed to be effected by an adoption order other than a Convention adoption order,

subsection (1) shall have effect as if the reference to the preceding 13 weeks were a reference to the preceding six months.”

[F2 11 Six months residence required for certain intercountry adoptions. E+W+S

After subsection (3) of section 13 of the 1976 and 1978 Acts (child to live with adopters before order is made) there shall be inserted—

“(4) In relation to—

(a) an adoption proposed to be effected by a Convention adoption order; or

(b) an adoption of a child habitually resident outside the British Islands which is proposed to be effected by an adoption order other than a Convention adoption order,

subsection (1) shall have effect as if the reference to the preceding 13 weeks were a reference to the preceding six months.”]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 S. 11 ceases to have effect (E.W.) (prosp.) by virtue of 2002 c. 38, ss. 139, 148(1), Sch. 3 para. 95 (with Sch. 4 paras. 6-8)

12 Registration of certain intercountry adoptions. E+W+S

(1) In subsection (1) of section 50 of the 1976 Act and section 45 of the 1978 Act (Adopted Children Register), for the words from “shall be made” to the end there shall be substituted “such entries as may be—

(a) directed to be made in it by adoption orders, or

(b) required to be made under Schedule 1 to this Act,

and no other entries, shall be made. ”

(2) In paragraph 1 of Schedule 1 to the 1976 and 1978 Acts (registration of adoption orders), sub-paragraph (2) shall cease to have effect.

(3) For paragraph 3 of Schedule 1 to the 1976 Act there shall be substituted—

“ Registration of foreign 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—

(a) he must make the entry accordingly, and

(b) if he is also satisfied that an entry in the Registers of Births relates to the child, he must secure that the entry in those Registers is marked “Adopted” or “Re-adopted”, as the case may be, followed by the name in brackets of the country in which the adoption was effected.

(2) An entry made in the Adopted Children Register by virtue of this paragraph must be made in the specified form.

(3) An application under this paragraph must be made, in the specified manner, by a specified person and give the specified particulars.

(4) In this paragraph—

• “registrable foreign adoption” means a Convention or overseas adoption which satisfies specified requirements;

• “specified” means specified by regulations made by the Registrar General.”;

and the same amendment shall be made to Schedule 1 to the 1978 Act (corresponding provision for Scotland) except that for “the Registrar General” (in both places) there shall be substituted “ the Registrar General for Scotland ”, for “the Registers of Births” there shall be substituted “ the register of births ” and for “those Registers” there shall be substituted “ that register ”.

(4) In paragraph 4(5)(a) of Schedule 1 to the 1976 Act and paragraph 4(4)(a) of Schedule 1 to the 1978 Act, after “that” there shall be inserted “ a Convention adoption, ”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2 S. 12 partly in force; s. 12 not in force at Royal Assent see s. 18(3); s. 12 in force (S.) for certain purposes at 14.1.2003 by S.S.I. 2002/562, art. 2(b)

13 Construction of certain references in 1976 and 1978 Acts. E+W+S

After subsection (3) of section 72 of the 1976 Act and section 65 of the 1978 Act (interpretation) there shall be inserted—

“(3A) In this Act, in relation to the proposed adoption of a child resident outside the British Islands, references to arrangements for the adoption of a child include references to arrangements for an assessment for the purpose of indicating whether a person is suitable to adopt a child or not.

(3B) In this Act, in relation to—

(a) an adoption proposed to be effected by a Convention adoption order; or

(b) an adoption of a child habitually resident outside the British Islands which is proposed to be effected by an adoption order other than a Convention adoption order,

references to a child placed with any persons by an adoption agency include references to a child who, in pursuance of arrangements made by such an agency, has been adopted by or placed with those persons under the law of a country or territory outside the British Islands.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3 S. 13 partly in force; s. 13 not in force at Royal assent see s. 18(3); s. 13 in force (E.) at 31.1.2000 in so far as it inserts a new subsection (3A) in s. 72 of 1976 c.36 by S.I. 2000/52, art.2; s. 13 in force (S.) at 10.11.2000 insofar as it inserts a new subsection 3A in s. 65 of 1978 c. 28 by S.I. 2000/390, art. 2