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Adoption and Children Act 2002

Section 84: Giving parental responsibility prior to adoption abroad

222.Section 84 provides that the High Court may make an order for the transfer of parental responsibility for a child to prospective adopters who are not domiciled or habitually resident in England or Wales but who intend to adopt the child outside the British Islands.  An order cannot be made where the prospective adopters meet the requirements of domicile or habitual residence to allow an adoption order to be made in England and Wales.  Regulations will prescribe the requirements which must be satisfied before an order may be made (subsection (3)). An application for an order may not be made unless the child’s home has been with the applicant(s) at all times during the preceding 10 weeks (subsection (4)). An order under this section has the same effect as an adoption order in extinguishing parental responsibility (subsection (5)).  Subsection (6) provides that regulations may be made to apply any provision of this Act which refers to adoption orders to orders made under this section with or without modifications.

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