The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision under section 98 of the Adoption and Children Act 2002 (“the Act”) for the purposes of assisting persons adopted before 30 December 2005 to obtain information about their adoption and to facilitate contact between those persons and their birth relatives through an intermediary service. The regime for disclosure of information about adoptions after 30 December 2005 is set out in sections 56 to 65 of the Act. An adoption agency dealing merely with a request for information about an adoption for which it was the adoption agency involved will continue to deal with it under the Adoption Agencies Regulations 1983.

Part 1 confers new functions on registered adoption support agencies and adoption agencies (“intermediary agencies”) that are willing to provide an intermediary service in respect of adoptions before 30 December 2005.

Part 2 deals generally with applications for an intermediary service. An intermediary agency may receive an application for an intermediary service from an adopted person or a relative of an adopted person. Applications in respect of adoptions after 12 November 1975 may be accepted but priority must be given to applications in relation to adoptions before that date. The intermediary agency is not required to proceed with an application where it does not consider that it would be appropriate. Regulation 6 sets out the factors that the intermediary agency should take into account in making that decision. Regulation 7 requires the intermediary agency to obtain the informed consent of the subject of the application before disclosing information that would identify the person to the applicant or enable the person to be traced. Regulation 8 enables the adopted person to register a veto with the appropriate adoption agency in relation to an application under these Regulations. Regulation 10 requires the intermediary agency to provide information about counselling and to secure counselling services in relation to applications for intermediary services. Intermediary agencies must themselves provide support and assistance to a person who is the subject of an application if the person chooses not to pay for a counselling service.

Part 3 sets out the procedure to be followed by the intermediary agency in processing an application. The first steps include confirming the age and identity of the applicant and establishing that he is related to the subject. The intermediary agency should then identify the adoption agency that holds the records relating to the adoption, seeking assistance where appropriate from the Registrar General and the court. It should then contact that agency to find out if a veto has been registered and to seek its views on the application and to seek such information as may be necessary to trace the subject of the application (regulation 12). Where no adoption agency was involved, the intermediary agency may seek such information from the Registrar General as may assist in processing the application (regulation 13). Regulation 14 and 15 require the Registrar General and the court to provide information when requested. Regulation 16 authorises certain disclosures for the purpose of processing an application under these Regulations.

Part 5 deals with miscellaneous matters. Regulation 17 creates an offence of disclosure of information in contravention of regulation 8. Regulation 18 provides for fees that may be charged by intermediary agencies, adoption agencies and the Registrar General in relation to applications under these Regulations.