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The Family Procedure (Adoption) Rules 2005

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Proof of identity of the child

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33.—(1) Unless the contrary is shown, the child referred to in the application will be deemed to be the child referred to in the form of consent—

(a)to the child being placed for adoption;

(b)to the making of an adoption order; or

(c)to the making of a section 84 order

where the conditions in paragraph (2) apply.

(2) The conditions are—

(a)the application identifies the child by reference to a full certified copy of an entry in the registers of live-births;

(b)the form of consent identifies the child by reference to a full certified copy of an entry in the registers of live-births attached to the form; and

(c)the copy of the entry in the registers of live-births referred to in sub-paragraph (a) is the same or relates to the same entry in the registers of live-births as the copy of the entry in the registers of live-births attached to the form of consent.

(3) Where the child is already an adopted child paragraph (2) will have effect as if for the references to the registers of live-births there were substituted references to the Adopted Children Register.

(4) Subject to paragraph (7), where the precise date of the child’s birth is not proved to the satisfaction of the court, the court will determine the probable date of birth.

(5) The probable date of the child’s birth may be specified in the placement order, adoption order or section 84 order as the date of his birth.

(6) Subject to paragraph (7), where the child’s place of birth cannot be proved to the satisfaction of the court—

(a)he may be treated as having been born in the registration district of the court where it is probable that the child may have been born in—

(i)the United Kingdom;

(ii)the Channel Islands; or

(iii)the Isle of Man; or

(b)in any other case, the particulars of the country of birth may be omitted from the placement order, adoption order or section 84 order.

(7) A placement order identifying the probable date and place of birth of the child will be sufficient proof of the date and place of birth of the child in adoption proceedings and proceedings for a section 84 order.

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