The Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003

Prospective

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement the 1993 Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption concluded at the Hague on 29th May 1993.

Part I provides for commencement and interpretation (regulations 1 and 2).

Part II makes provision in respect of requirements, procedure, recognition, and effect of adoption in Northern Ireland where the United Kingdom is the receiving State. Part II applies where a child is habitually resident in another Contracting State and the prospective adopters are habitually resident in the British Islands.

Regulations 3 to 5 make provision regarding the application for determination of eligibility and assessment of suitability, eligibility and other requirements such as counselling.

Regulations 6 to 9 provide for the assessment of suitability of the prospective adopter, the procedure to be followed and the notification of decision. Regulation 10 sets out the procedure following receipt of the Article 16 report from the Central Authority of the State of origin.

Regulation 11 imposes duties on the adoption agency in respect of the period before the arrival of the child in Northern Ireland. Regulations 12 to 18 make provision in respect of the case where a child arrives in Northern Ireland but no Convention adoption order has been made. Regulation 19 prescribes the requirements for the purposes of making a Convention adoption order. Regulation 20 makes provision regarding the procedure to be followed following a Convention adoption order or Convention adoption. Regulations 21 and 22 respectively make provision in respect of where a court refuses to make a Convention adoption order or a Convention order.

Part III makes provision in respect of requirements and procedure where the United Kingdom is the State of origin. Part III applies where a child, habitually resident in Northern Ireland, is to be adopted by prospective adopters who are habitually resident in another Contracting State. Regulation 23 imposes duties on an adoption agency in respect of the assessment of a child. Regulations 24 to 28 set out the functions of an adoption panel, provide for making and notification of decisions, the procedure to be followed once the Article 15 report is received, duties of the adoption panel and the HSS trust decision in respect of the placement of the child. Regulation 29 sets out the requirements in respect of the Article 16 report and the procedure to be followed in the preparation and completion of that report. Regulations 30 and 31 respectively prescribe the requirements for the purposes of making a Convention adoption order and the procedural requirements following a Convention adoption order or Convention adoption.

Part IV makes miscellaneous provisions. Regulations 32 and 33 provide for the modification of the Adoption (Northern Ireland) Order 1987 and the Adoption Agencies Regulations (Northern Ireland) 1989. Regulation 34 makes it an offence where a person contravenes or fails to comply with regulation 13 (duty of prospective adopter to notify HSS trust), regulation 16(2) (surrender of child to HSS trust), regulation 16(4) (surrender of child to HSS trust as ordered by the court) or regulation 21(3) (surrender of child to HSS trust within period prescribed by the court). Regulation 35 makes transitional and consequential provisions.