The Adoption (Recognition of Overseas Adoptions) Order 2013

JurisdictionUK Non-devolved
CitationSI 2013/1801
Year2013

2013 No. 1801

Children And Young Persons, England And Wales

The Adoption (Recognition of Overseas Adoptions) Order 2013

Made 18th July 2013

Laid before Parliament 22th July 2013

Coming into force 3rd January 2014

The Secretary of State for Education makes the following Order in exercise of the powers conferred by sections 87(1) and (5), 140(7) and (8) and 142(5) of the Adoption and Children Act 20021.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Adoption (Recognition of Overseas Adoptions) Order 2013 and comes into force on 3rd January 2014.

S-2 Overseas adoptions

Overseas adoptions

2.—(1) An adoption of a child2is specified as an overseas adoption if it is an adoption effected under the law of a country or territory listed in the Schedule after the coming into force of this Order and is not a Convention adoption3.

(2) In this Article “law” does not include customary or common law.

S-3 Evidence of an overseas adoption

Evidence of an overseas adoption

3.—(1) The following documents may be provided as evidence that an overseas adoption has been effected—

(a)

(a) a certified copy of an entry made, in accordance with the law of the country or territory concerned, in a public register relating to the recording of adoptions and showing that the adoption has been effected; or

(b)

(b) a certificate that the adoption has been effected, signed or purporting to be signed by a person authorised by the law of the country or territory concerned to sign such a certificate, or a certified copy of such a certificate.

(2) Where a document produced by virtue of paragraph (1) is not in English, the Registrar General may require the production of an English translation of the document before being satisfied of the matters specified in paragraph 3 of Schedule 1 to the Adoption and Children Act 20024.

(3) Nothing in this Article may be construed as precluding proof, in accordance with the Evidence (Foreign, Dominion and Colonial Documents) Act 19335, or the Oaths and Evidence (Overseas Authorities and Countries) Act 19636, or otherwise, that an overseas adoption has been effected.

S-4 Revocations and savings provision

Revocations and savings provision

4.—(1) The Adoption (Designation of Overseas Adoptions) Order 19737(‘the 1973 Order’) and the Adoption (Designation of Overseas Adoptions) (Variation) Order 19938are revoked.

(2) The revocations do not affect any adoption designated as an overseas adoption by virtue of the 1973 Order prior to the coming into force of this Order.

Edward Timpson

Parliamentary Under Secretary of State for Children and Families

Department for Education

18th July 2013

SCHEDULE

Article 2(1)

SCHEDULE

Albania

Andorra

Armenia

Australia

Austria

Azerbaijan

Belarus

Belgium

Belize

Bolivia

Brazil

Bulgaria

Burkina Faso

Burundi

Canada

Cape Verde

Chile

The People’s Republic of China

Colombia

Costa Rica

Cuba

The Republic of Cyprus

Czech Republic

Denmark (including the Faroe Islands and Greenland)

Dominican Republic

Ecuador

El Salvador

Estonia

Fiji

Finland

France

Georgia

Germany

Greece

Guinea

Hungary

Iceland

India

The Republic of Ireland

Israel

Italy

Kazakhstan

Kenya

Latvia

Lesotho

Liechtenstein

Lithuania

Luxembourg

The Former Yugoslav Republic of Macedonia

Madagascar

Mali

Malta

Mauritius

Mexico

The Republic of Moldova

Monaco

Mongolia

Montenegro

The Netherlands (including the...

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