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

Contacting the appropriate adoption agency

12.—(1) The intermediary agency must (unless it is the appropriate adoption agency) take all reasonable steps to establish whether an adoption agency was involved in the adoption and, if so, to identify the appropriate adoption agency.

(2) The steps referred to in paragraph (1) include—

(a) requesting that information in writing from the Registrar General;

(b) if the Registrar General certifies that he or she does not have that information, requesting it in writing from the court that made the adoption order; and

(c) making enquiries of the local authority for the area where the adoption took place.

(3) Where the appropriate adoption agency has been identified, the intermediary agency must contact that agency in order to ascertain whether a veto under regulation 8 exists.

(4) If no veto under regulation 8 exists the intermediary agency must —

(a) ascertain whether the subject has, at any time, expressed views about future contact with a relative or about being approached about such contact;

(b) ascertain the agency’s views as to whether the application is appropriate (having regard to the factors mentioned in regulation 6); and

(c) seek any other information required for the purposes of—

(i)   tracing the subject;

(ii) enabling the subject to make an informed decision about consent to the disclosure of identifying information about him or her, or to contact with the applicant;

(iii) counselling the subject in relation to that decision; or

(iv) counselling the applicant.

(5) Unless a veto referred to in regulation 8 applies, the appropriate adoption agency must take all reasonable steps to comply with a request from an intermediary agency under paragraph (3) and may disclose to the intermediary agency such information (including identifying information) as is necessary for that purpose.