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42. (1) This regulation applies where—
(a)the relevant Central Authority receives a report from the CA of the receiving State which has been prepared for the purposes of Article 15 of the Convention(1) (“the Article 15 Report”);
(b)the Article 15 Report relates to a prospective adopter who is habitually resident in that receiving State; and
(c)the prospective adopter named in the Article 15 Report wishes to adopt a child who is habitually resident in the British Islands.
(2) Subject to paragraph (3), if the relevant Central Authority is satisfied the prospective adopter meets the following requirements—
(a)the age requirements as specified in section 50 of the Act in the case of adoption by a couple, or section 51 of the Act in the case of adoption by one person; and
(b)in the case of a couple, both are, or in the case of adoption by one person, that person is habitually resident in a Convention country outside the British Islands,
that Authority must consult the Convention list and may, if the Authority considers it appropriate, consult any Convention list maintained by another Central Authority within the British Islands.
(3) Where a prospective adopter has already been identified in relation to a proposed adoption of a particular child and the relevant Central Authority is satisfied that prospective adopter meets the requirements referred to in paragraph (2)(a) and (b), that Authority—
(a)need not consult the Convention list; and
(b)must send the Article 15 Report to the local authority which referred the child’s details to the Authority.
(4) The relevant Central Authority may pass a copy of the Article 15 Report to any other Central Authority within the British Islands for the purposes of enabling that Authority to consult its Convention list.
(5) Where the relevant Central Authority identifies a child on the Convention list who may be suitable for adoption by the prospective adopter, that Authority must send the Article 15 Report to the local authority which referred the child’s details to that Authority.
Article 15 provides for the CA of the receiving State if satisfied that the applicants are eligible and suited to adopt, to prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the child for whom they would be qualified to care.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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