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

Prescribed requirements for the purposes of making a Convention adoption order

19.—(1) For the purposes of Article 16A of the 1987 Order(1) (requirements in respect of adoption order made as a Convention adoption order), the prescribed requirements are, in the case where the United Kingdom is the receiving State–

(a) both spouses (in the case of an application made by a married couple) or the applicant (in the case of an application made by one person) have been habitually resident in part of the British Islands for a period of not less than one year ending with the date of the application;

(b) the child to be adopted has not attained the age of 18 years on the date of the application;

(c) the child to be adopted was, on the date on which the agreement under Article 17(c) was made, habitually resident in a Convention country outside the British Islands; and

(d) in a case where the applicant (in the case of an application by one person) or one of the spouses(in the case of a married couple) is not a British citizen by virtue of the British Nationality Act 1981(2), the Home Office has confirmed that the child is authorised to enter and reside permanently in the United Kingdom.

(1)

Article 16A of the 1987 Order was inserted by section 3 of the 2001 Act

(2)

1981 c. 61