SCHEDULE 1
Regulation 2
APPLICATION OF ADOPTION ACT 1976 PROVISIONS WITH MODIFICATIONS TO PARENTAL ORDERS AND APPLICATIONS FOR SUCH ORDERS
Column 1 |
Column 2 |
provisions of the 1976 Act |
modifications |
Applications by Gamete Donors for a parental order | |
1. (a) Section 6 (duty to promote the welfare of the child) |
(i) As if for the words “the adoption of a child” there were substituted the words “an application for a parental order”; and (ii) as if the words “or adoption agency” were omitted. |
(b) Section 12(1) to (3)4(adoption orders) |
(i) As if for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”; (ii) as if in subsection (1) for the word “adopters” there were substituted the words “husband and wife” and as if for the words “an authorised” there were substituted the word “the”. |
(c) Section 24(1) (restrictions on making adoption orders) |
(i) As if for the words “an adoption order” there were substituted the words “a parental order”; and (ii) as if for the words “a British adoption order” there were substituted the words “such an order”. |
(d) Section 27(1)5(restrictions on removal while application is pending) |
As if for the words “an adoption order is pending in a case where a parent or guardian of the child has agreed to the making of the adoption order (whether or not he knows the identity of the applicant)” there were substituted the words “a parental order is pending”. |
(e) Section 296(return of a child taken away in breach of section 27 or 28 of the 1976 Act) |
(i) As if for paragraphs (a) to (c) of subsections (1) and (2) there were substituted the words “(a) section 27 as applied with modifications by regulation 2 of and paragraph 1(d) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994, (b) section 27 of the Adoption (Scotland) Act 1978 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994, (c) Article 28 of the Adoption (Northern Ireland) Order 1987 as applied with modifications by regulation 3 of and paragraph 2(d) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994.”; and (ii) as if for the words “an authorised” there were substituted on each occasion they appear the word “the”. |
Effect of a parental order | |
2. Section 39(1)(a), (2), (4) and (6) (status conferred by adoption) |
(i) As if for the words “an adopted child” there were substituted, on each occasion they appear, the words “a child who is the subject of a parental order”; (ii) as if in section 39(1)(a) the words “where the adopters are a married couple,” were omitted and for the words “child of the marriage” there were substituted the words “child of the marriage of the husband and wife”; (iii) as if in section 39(2) for the word “adopters” there were substituted the words “persons who obtain the parental order” and the words “or adopter” and the words “subject to subsection (3),” were omitted; (iv) as if in section 39(6) for the word “adoption” there were substituted the words “the making of the parental order” and the words “Subject to the provisions of this Part,” and “, or after 31st December 1975, whichever is the later” were omitted. |
Interpretation of certain events consequent upon the making of a parental order | |
3. (a) Section 42 (rules of construction for instruments concerning property) |
(i) As if in section 42(2) for the words “section 39(1)” there were substituted the words “section 39(1)(a) as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; (ii) as if in section 42(2), for the words “of the adoptive parent or parents” there were substituted the words “in respect of whom the husband and wife have obtained a parental order”; (iii) as if in section 42(2)(a) for the words “adopted child” there were substituted the words “child the subject of the parental order” and for the word “adoption” there were substituted the words “the parental order”; (iv) as if in section 42(2)(b) for the words “adopted” there were substituted the words “in respect of whom parental orders were made”; (v) as if in section 42(4) for the word “adoption” there were substituted the words “making of the parental order” and for the words “adopted child” there were substituted the words “child the subject of the parental order”; (vi) as if in section 42(5) for the word “adopt” there were substituted the words “obtain a parental order in respect of ” and as if after the words in section 42(4) “ section 39(2)” and, in section 42(5) “section 39”, there were inserted the words “as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”. |
(b) Section 44 (property devolving with peerages etc) |
As if for the words “an adoption” on each occasion they appear there were substituted the words “the making of a parental order”. |
(c) Section 45 (protection of trustees and personal representatives) |
As if in section 45(1) for the words “adoption has been effected” there were substituted the words “parental order has been made”. |
(d) Section 46 (meaning of “disposition”) |
(i) As if for the words “this Part” on each occasion they appear and in section 46(5) the words “the Part”, there were substituted the words “sections 39, 42, 44, 45 and 47 as applied with modifications by regulation 2 of and paragraphs 2 and 3(a), (b), (c) and (e) respectively of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and (ii) as if in section 46(2) for the word “applies” there were substituted the word “apply”. |
(e) Section 477(miscellaneous enactments) |
(i) As if for subsection (1) there were substituted the words “1 Section 39(2) as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s mother or father before the order was made, for the purposes of the table of kindred and affinity in Schedule 1 to the Marriage Act 19498and of Sections 10 and 11 (incest) of the Sexual Offences Act 19569” and (ii) as if in subsection (2) for the words “Section 39” there were substituted the words “Section 39 as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”. |
Registration | |
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