The Adopted Children and Adoption Contact Registers Regulations 2005

PART 1 GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Adopted Children and Adoption Contact Registers Regulations 2005 and shall come into force on 30th December 2005.

(2) In these Regulations “the Act” means the Adoption and Children Act 2002.

PART 2 ADOPTED CHILDREN REGISTER

Form of entry in the Adopted Children Register

2.—(1) For the purposes of paragraph 1(1) of Schedule 1 to the Act (form of entry in the Adopted Children Register), the prescribed form of entry pursuant to a direction in an adoption order made by—

(a) a court sitting in England, is the form set out in Schedule 1; and

(b) a court sitting in Wales, is the form set out in Schedule 2.

(2) For the purposes of paragraph 3(4) of Schedule 1 to the Act (form of entry in the Adopted Children Register – registrable foreign adoption), the prescribed form of entry—

(a) in the case of an adopted child habitually resident in England, is the form set out in Schedule 1; and

(b) in the case of an adopted child habitually resident in Wales, is the form set out in Schedule 2.

Registrable foreign adoption

3.  For the the purposes of paragraph 3(5) of Schedule 1 to the Act (meaning of registrable foreign adoption), the prescribed requirement is that at the time the Convention adoption(1) or overseas adoption(2) is effected, the adoptive parent or, in the case of a couple, both adoptive parents, are habitually resident in England or Wales.

Persons who may make an application

4.  For the purposes of paragraph 3(3) of Schedule 1 to the Act (application in relation to a registrable foreign adoption), the prescribed persons are—

(a) the adoptive parent or, in the case of a couple, one of the adoptive parents of the adopted child;

(b) any other person who has parental responsibility within the meaning of section 3 of the Children Act 1989(3) for the adopted child;

(c) the adopted person if he has attained the age of 18 years.

Manner of application and prescribed documents and other information

5.—(1) An application under paragraph 3 of Schedule 1 to the Act (application in relation to registrable foreign adoption) shall be made in writing and signed by the person making the application.

(2) For the purposes of paragraph 3(3) of Schedule 1 to the Act, the prescribed documents and other information are—

(a) in the case of a Convention adoption, the copy of the certificate sent to the adoptive parents by the relevant Central Authority in accordance with regulation 32 of the Adoptions with a Foreign Element Regulations 2005(4) and the date on which the adoption was effected;

(b) in the case of an overseas adoption, the evidence in accordance with article 4 of the Adoption (Designation of Overseas Adoptions) Order 1973(5) or an order made under section 87(1) of the Act that the adoption has been effected, and the date on which the adoption was effected;

(c) subject to paragraph (3), the adopted child's—

(i) full name on adoption and any previous names;

(ii) sex;

(iii) date of birth; and

(iv) place and country of birth;

(d) subject to paragraph (3), the full name and any previous names of the natural father and natural mother;

(e) subject to paragraph (3), the full name, any previous names, address and occupation of the adoptive parent or parents; and

(f) the capacity in which the person is making the application.

(3) Where the applicant does not have the information specified in sub-paragraphs (c) to (e) of paragraph (2), that person shall state the extent to which such information is not known.

(4) Where any of the above documents or information are not in English or Welsh, the applicant shall provide a translation into English of the application, duly signed and endorsed by the translator with the following particulars—

(a) the name, address, and occupation of the translator; and

(b) a statement to the effect that the translation is true and accurate.

PART 3 ADOPTION CONTACT REGISTER

Part 1 of the Adoption Contact Register

6.—(1) For the purposes of section 80(2) of the Act (information in Part 1 of the register about adopted persons), the prescribed information is the full name, address and date of birth of the adopted person together with the following information—

(a) any relative(6) with whom they wish to have contact together with the name of that relative if known;

(b) any relative with whom they do not wish to have contact together with the name of that relative if known.

(2) For the purposes of section 80(2) of the Act, the prescribed notice is the notice set out in Schedule 3.

Part 2 of the Adoption Contact Register

7.—(1) For the purposes of section 80(4) of the Act (information in Part 2 of the register about relatives of adopted persons), the prescribed information is the full name, address and date of birth of the relative of an adopted person together with the following information—

(a) the name of the adopted person with whom they wish to have contact; or

(b) the fact that they do not wish to have contact with the named adopted person.

(2) For the purposes of section 80(4) of the Act, the prescribed notice is the notice set out in Schedule 4.

Notification of link

8.  The Registrar General shall give an adopted person whose name is in Part 1 of the Adoption Contact Register, the name, in writing, of any relative of his whose name is in Part 2 of that Register and who has asked for contact with that adopted person, together with the address at or through which the relative may be contacted(7).

Fees

9.—(1) The fee payable in respect of the making of an entry in Part 1 of the Adoption Contact Register is £15.

(2) The fee payable in respect of the making of an entry in Part 2 of the Adoption Contact Register is £30.

PART 4 INFORMATION FROM THE REGISTERS

Particulars required to obtain a certified copy of an entry in the Adopted Children Register relating to a person under the age of 18

10.  For the purposes of section 78(3) of the Act the prescribed particulars are—

(a) the full name of the adopted person;

(b) the date of birth of the adopted person; and

(c) the full name of the adoptive parent or parents.

Application by appropriate adoption agency for information

11.  For the purposes of section 79(5) of the Act(8), an application by an appropriate adoption agency(9) must be made in writing.

Pre-commencement adoptions: application by adopted person aged 18 or over

12.  For the purposes of paragraph 1 of Schedule 2 to the Act(10) the application by the adopted person must be made in writing and signed by him.

Application by adopted person under the age of 18 who intends to marry or form a civil partnership

13.  For the purposes of section 79(7) of the Act(11), the application by the adopted person must be made in writing and signed by him.

PART 5 REVOCATIONS, TRANSITIONAL PROVISIONS AND SAVINGS

Revocations etc.

14.—(1) Subject to paragraphs (2) and (3), the following regulations are revoked—

(a) the Forms of Adoption Entry Regulations 1975(12) (“the 1975 Regulations”);

(b) the Adopted Persons (Birth Records) Regulations 1991(13); and

(c) the Registration of Foreign Adoptions Regulations 2003 (“the 2003 Regulations”)(14).

(2) The 1975 Regulations shall apply in relation to an adoption order made before 30th December 2005.

(3) The 2003 Regulations shall apply in relation to an adoption order made or adoption effected before the 30th December 2005 where an application has been made before that date pursuant to paragraph 3(1) of Schedule 1 to the Adoption Act 1976(15) (registration of foreign adoptions).

Len Cook

Signed by the Registrar General

24th March 2005

Stephen Timms

Approved and signed by authority of the Chancellor of the Exchequer

24th March 2005