Intercountry Adoption (Hague Convention) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/118 |
| Year | 2003 |
2003 No. 118
CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES
The Intercountry Adoption (Hague Convention) Regulations 2003
Made 26th January 2003
Laid before Parliament 30th January 2003
Coming into force 1st June 2003
The Secretary of State for Health, in exercise of the powers conferred on him by section 1(1) and (3) to (5) of the Adoption (Intercountry Aspects) Act 19991and sections 9(2) and (3), 17 and 67(5) of the Adoption Act 19762, and of all other powers enabling him in that behalf, after consultation with the National Assembly for Wales3, hereby makes the following regulations:
PART 1
General
Citation, commencement and application
1.—(1) These Regulations may be cited as the Intercountry Adoption (Hague Convention) Regulations 2003 and shall come into force on 1st June 2003.
(2) These Regulations apply to England and Wales only.
Interpretation
2. In these Regulations—
“the 1976 Act” means the Adoption Act 1976;
“the 1999 Act” means the Adoption (Intercountry Aspects) Act 1999;
“the Adoption Agencies Regulations” means the Adoption Agencies Regulations 19834subject to the modifications set out in Schedule 4;
“adoption agency” means a local authority or an appropriate voluntary organisation which is an accredited body for the purposes of the Convention5;
“adoption panel” has the same meaning as in the Adoption Agencies Regulations;
“CA of the receiving State” means, in relation to a Convention country6other than the United Kingdom, the Central Authority of the receiving State;
“CA of the State of origin” means, in relation to a Convention country other than the United Kingdom, the Central Authority of the State of origin;
“contact order” has the meaning given in section 8(1) of the Children Act 19897;
“eligible to adopt”, except in regulation 8(4)(a), has the meaning given in regulation 4;
“prospective adopter” means a married couple or a person who makes an application under regulation 3;
“receiving State” has the same meaning as in Article 2 of the Convention;
“relevant Central Authority”8means—
(a) in Part 2—
(i) in relation to a prospective adopter who is habitually resident in England, the Secretary of State; and
(ii) in relation to a prospective adopter who is habitually resident in Wales, the National Assembly for Wales; and
(b) in Part 3—
(i) in relation to a local authority in England, the Secretary of State; and
(ii) in relation to a local authority in Wales, the National Assembly for Wales;
“relevant local authority” in Part 2 has the meaning given in regulation 15;
“State of origin” has the same meaning as in article 2 of the Convention.
PART 2
Requirements, procedure, recognition and effect of adoption in England and Wales where the United Kingdom is the receiving State
Application for determination of eligibility, and assessment of suitability, to adopt
3.—(1) A married couple or a person habitually resident in the British Islands who wishes to adopt a child habitually resident in a Convention country outside the British Islands shall apply to an adoption agency for a determination of eligibility, and an assessment of his suitability, to adopt.
(2) An application under this regulation shall be made in writing and include such information as the agency may require.
Eligibility requirements
4. An adoption agency may not consider any person eligible to adopt unless the application under regulation 3 is made by a married couple or one person and—
(a) in the case of an application by a married couple they have both—
(i) attained the age of 21 years; and
(ii) been habitually resident in any part of the British Islands for a period of not less than 1 year ending with the date of the application; or
(b) in the case of an application by one person, he—
(i) has attained the age of 21 years; and
(ii) has been habitually resident in any part of the British Islands for a period of not less than 1 year ending with the date of the application.
Requirement to provide counselling and information
5.—(1) Where an application is made in accordance with regulation 3, the adoption agency must—
(a)
(a) provide a counselling service for the prospective adopter;
(b)
(b) explain to him the legal implications of adoption and the procedure in relation to adopting a child under the Convention; and
(c)
(c) provide him with written information about the matters referred to in sub-paragraph (b).
(2) Paragraph (1) does not apply if the adoption agency is satisfied that the requirements set out in that paragraph have been carried out in respect of the prospective adopter by another adoption agency.
Requirement to carry out police checks
6.—(1) An adoption agency must take steps to obtain—
(a)
(a) in respect of the prospective adopter, an enhanced criminal record certificate within the meaning of section 115 of the Police Act 19979including the matters specified in subsection (6A) of that section; and
(b)
(b) in respect of any other member of his household aged 18 or over, an enhanced criminal record certificate under section 115 of that Act.
(2) An adoption agency may not consider a person to be suitable to be an adoptive parent if he or any member of his household aged 18 or over—
(a)
(a) has been convicted of an offence specified in Schedule 2 to the Adoption Agencies Regulations committed at the age of 18 or over; or
(b)
(b) has been cautioned by a constable in respect of such an offence which, at the time the caution was given, he admitted.
Requirement to notify
7.—(1) The adoption agency must notify a prospective adopter in writing as soon as possible after becoming aware that—
(a)
(a) he is not eligible to adopt because he does not meet the requirements of regulation 4; or
(b)
(b) he is not suitable to be an adoptive parent by virtue of regulation 6.
(2) In a case to which paragraph (1)(b) applies the notification must specify the conviction, or as the case may be, the caution in question.
Procedure in respect of carrying out an assessment
8.—(1) Where the adoption agency—
(a)
(a) is satisfied that the prospective adopter is eligible to adopt in accordance with the provisions in regulation 4; and
(b)
(b) considers he may be suitable to be an adoptive parent following any information provided or made available as a consequence of the carrying out of the requirements imposed by regulation 5 or otherwise,
it must set up a case record in respect of him and place on it any information obtained under that regulation or otherwise.
(2) The adoption agency must obtain such particulars as are referred to in Part VI of Schedule 1 to the Adoption Agencies Regulations together with, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel.
(3) The adoption agency must obtain a written report—
(a)
(a) from a registered medical practitioner about the health of the prospective adopter which must deal with matters specified in Part VII of Schedule 1 to the Adoption Agencies Regulations;
(b)
(b) about the premises where the prospective adopter intends to live with any child who might be adopted by him; and
(c)
(c) of each of the interviews with the persons nominated by the prospective adopter to provide personal references for him,
and in a case where the agency is not the local authority in whose area the prospective adopter has his home, it must also obtain a written report about him from that authority.
(4) The adoption agency must prepare a written report which must—
(a)
(a) state the Convention country from which the prospective adopter wishes to adopt a child, confirm that he is eligible to adopt a child under the law of that Convention country and provide any other information which that Convention country usually requires;
(b)
(b) include the agency’s assessment of the prospective adopter’s suitability to be an adoptive parent;
(c)
(c) include any other observations of the agency on the matters referred to in regulations 3 to 6 and this regulation; and
(d)
(d) include information and observations regarding the prospective adopter’s identity, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption as well as the characteristics of the children for whom he would be qualified to care for and any other information which may be relevant.
(5) The adoption agency must notify the prospective adopter that his application is to be referred to the adoption panel and at the same time send him a copy of the agency’s report referred to in paragraph (4), inviting him to send any observations in writing to the agency on the report within 28 days, beginning with the date on which the notification was sent.
(6) At the end of the period of 28 days referred to in paragraph (5) (or earlier if any observations made by the prospective adopter are received before the 28 days has expired) the adoption agency must pass the report referred to in paragraph (4) together with all relevant information obtained by it under this regulation (including the prospective adopter’s observations on the report), to the adoption panel.
Function of adoption panel
9.—(1) Subject to paragraph (2), the function of an adoption panel is to consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to that agency as to whether the prospective adopter is suitable to be an adoptive parent.
(2) In considering what recommendation to make, the adoption panel—
(a)
(a) must...
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