Part 1

Adoption
Chapter 6

Adoptions with a foreign element

Overseas adoptions

Overseas adoptions
87
1
In this Act, “overseas adoption”—
a
means an adoption of a description specified in an order made by the Secretary of State, being a description of adoptions effected under the law of any country or territory outside the British Islands, but
b
does not include a Convention adoption.
2
Regulations may prescribe the requirements that ought to be met by an adoption of any description effected after the commencement of the regulations for it to be an overseas adoption for the purposes of this Act.
3
At any time when such regulations have effect, the Secretary of State must exercise his powers under this section so as to secure that subsequently effected adoptions of any description are not overseas adoptions for the purposes of this Act if he considers that they are not likely within a reasonable time to meet the prescribed requirements.
4
In this section references to this Act include the Adoption Act 1976 (c. 36).
5
An order under this section may contain provision as to the manner in which evidence of any overseas adoption may be given.
6
In this section—
- “adoption” means an adoption of a child or of a person who was a child at the time the adoption was applied for,
- “regulations” means regulations made by the Secretary of State after consultation with the Assembly.
S. 87(1)(b)(4) in force at 1.6.2003 by S.I. 2003/366, art. 2(5)(a)
S. 87(1)(a)(2)(5)(6) in force at 7.12.2004 for specified purposes by S.I. 2004/3203, art. 2(1)(m)(vii)
S. 87(1)(a)(2)(5)(6) in force at 30.12.2005 in so far as not already in force by S.I. 2005/2213, art. 2(f) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
S. 87(3) in force at 30.12.2005 by S.I. 2005/2213, art. 2(f) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)