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The Adoptions with a Foreign Element (Amendment) Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392, “the FERs”) and make provision regarding adoptions under the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at The Hague on 29th May 1993 (“the Convention”), where the United Kingdom is the receiving State.

The Regulations extend to England and Wales and come into force on 23 October 2009.

Regulation 2(2) amends the procedure following receipt of information under Article 16 of the Convention from the Central Authority of the State of origin of the child. The effect of the amendment is to remove a requirement in regulation 19 of the FERs for the prospective adopter to have visited the child in the State of origin and a requirement to confirm various matters in writing to the adoption agency; in practice, this means that the relevant Central Authority may issue at an earlier stage of the process than at present its agreement for the purposes of Article 17(c) of the Convention that the adoption may proceed. Regulation 2(3) makes a consequential amendment to regulation 20 of the FERs which provides for the procedure where the proposed adoption is not to proceed.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.

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