2003 No. 1173

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

Adoption (Bringing Children into the United Kingdom) Regulations 2003

Made28th April 2003

Laid before Parliament6th May 2003

Coming into force1st June 2003

The Secretary of State for Health in exercise of his powers conferred by sections 9(2) and (3) and 56A(4), (5), (6), (7) and 67(5) of the Adoption Act 19761 and of all other powers enabling him in that behalf, after consultation with the National Assembly for Wales2, hereby makes the following Regulations:—

Citation, commencement and application1

1

These Regulations may be cited as the Adoption (Bringing Children into the United Kingdom) Regulations 2003 and shall come into force on 1st June 2003.

2

This regulation and regulations 2, 3, 5 and 6 apply to England and Wales.

3

Regulation 4 applies to England only.

Interpretation2

In these Regulations—

“the 1976 Act” means the Adoption Act 19763;
“relevant foreign authority” means a person, outside the British Islands performing functions in the country in which the child is habitually resident which correspond to the functions of an adoption agency4 or to the functions of the Secretary of State in respect of adoptions with a foreign element.

Requirements applicable in respect of bringing or causing a child to be brought into the United Kingdom3

A person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where section 56A of the 1976 Act applies must—

a

apply in writing to an adoption agency for an assessment of his suitability to adopt; and

b

give the adoption agency any information it may require for the purposes of the assessment.

Duties of an adoption agency4

In a case where the adoption agency has determined and approved a person who has applied for an assessment under regulation 3 as eligible and suitable to adopt in accordance with the Adoption Agencies Regulations 19835, that agency must notify the Secretary of State in writing of that decision and provide to him—

a

all the information considered by the adoption panel before making a recommendation to the agency as to whether the prospective adopter is suitable to be an adoptive parent; and

b

such other information relating to the case as he and the relevant foreign authority may require.

Conditions applicable in respect of a child brought into the United Kingdom5

The prescribed conditions for the purposes of section 56A(5) of the 1976 Act (conditions to be met in respect of a child brought into the United Kingdom in circumstances where that section applies) are—

a

prior to the child’s entry into the United Kingdom, a person must receive in writing, notification from the Secretary of State that he has issued a certificate confirming to the relevant foreign authority—

i

that the person has been assessed and approved as eligible and suitable to be an adoptive parent; and

ii

if entry clearance and leave to enter and remain, as may be necessary, is granted and not revoked or curtailed, and an adoption order is made or an overseas adoption6 is effected, the child will be authorised to enter and reside permanently in the United Kingdom;

b

except where an overseas adoption is effected, within the period of 14 days beginning with the date on which the child is brought into the United Kingdom, the person must give notice to the local authority within whose area he has his home of his intention—

i

to apply for an adoption order, in accordance with section 22 of the 1976 Act7; or

ii

not to give the child a home.

Application of section 13 of the 1976 Act6

1

Where a child is brought into the United Kingdom for adoption in circumstances where section 56A of the 1976 Act applies, section 13(1) of that Act shall not apply and the remaining provisions in section 13 shall apply with the modification as set out in paragraph (2).

2

Subsection (1A)8 (child to live with adopters before order made) shall apply as if the words from “Where” to “the order” there were substituted “Where a child is brought into the United Kingdom for adoption in circumstances where section 56A of the 1976 Act applies and in accordance with regulations made by virtue of that section, an adoption order”.

Revocation7

The Adoption of Children from Overseas Regulations 20019 are hereby revoked.

Signed by the authority of the Secretary of State

Jacqui SmithMinister of State,Department of Health28th April 2003

(This note is not part of the Regulations)

These Regulations impose requirements and conditions in respect of a person who is habitually resident in the British Islands and who—

a

brings, or causes another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purposes of adoption by the British resident;

b

at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of six months.

Regulation 3 requires the person to apply to an adoption agency to be assessed as suitable to adopt and provides for the manner of application for an assessment. The regulation also provides that the person must give the adoption agency any information it may require.

Regulation 4 makes provision in respect of duties imposed on an adoption agency in respect of a foreign adoption and the procedure to be followed. These provisions apply to England only. Similar provisions have been made in relation to Wales.

Regulation 5 prescribes the conditions that have to be met in respect of a child brought into the United Kingdom.

Regulation 6 provides for the application and modification of the provisions in section 13 of the Adoption Act 1976 (requirement for child to live with adopter before an adoption order can be made).

Regulation 7 revokes the Adoption of Children from Overseas Regulations 2001.

Copies of a regulatory impact assessment in relation to these Regulations may be obtained from the Adoption and Permanence Team, Room 101 Wellington House, 133–155, Waterloo Road, London, SE1 8UG and at www.doh.gov.uk/adoption.