Explanatory Notes

Adoption and Children Act 2002

2002 CHAPTER 38

7th November 2002

Commentary on Sections

Part 1 – Adoption

Chapter 6 – Adoptions with a Foreign Element
Section 90: Section 89: supplementary

232.Section 90 makes supplemental provision in respect of annulment of overseas or Convention adoptions and Convention adoption orders.  It specifies that the application must be made in the prescribed manner and within any prescribed period (subsection (1)), that the adopted person or adopter(s) must have been habitually resident in England and Wales immediately before the application (subsection (2)), and that the court is bound by any finding of fact by the authority when determining whether that authority was competent to entertain the case (subsection (3)).