The Adoptions with a Foreign Element Regulations 2005

JurisdictionUK Non-devolved

2005 No. 392

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

The Adoptions with a Foreign Element Regulations 2005

Made 24th February 2005

Laid before Parliament 2nd March 2005

Coming into force 30th December 2005

The Secretary of State for Education and Skills, in exercise of the powers conferred on her by section 1(1), (3) and (5) of the Adoption (Intercountry Aspects) Act 19991and sections 83(4), (5), (6) and (7), 84(3) and (6), 140(7) and (8), 142(4) and (5) of the Adoption and Children Act 20022, and of all other powers enabling her in that behalf, after consultation with the National Assembly for Wales3, hereby makes the following Regulations:–

1 GENERAL

PART 1

GENERAL

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) These Regulations may be cited as the Adoptions with a Foreign Element Regulations 2005 and shall come into force on 30th December 2005.

(2) These Regulations apply to England and Wales.

S-2 Interpretation

Interpretation

2. In these Regulations—

“the Act” means the Adoption and Children Act 2002;

“adoption support services” has the meaning given in section 2(6)(a) of the Act and any regulations made under section 2(6)(b) of the Act;

“adoptive family” has the same meaning as in regulation 31(2)(a) of the Agencies Regulations or corresponding Welsh provision;

“adoption panel” means a panel established in accordance with regulation 3 of the Agencies Regulations or corresponding Welsh provision;

“the Agencies Regulations” means the Adoption Agencies Regulations 20054;

“child’s case record” has the same meaning as in regulation 12 of the Agencies Regulations or corresponding Welsh provision;

“CA of the receiving State” means, in relation to a Convention country other 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;

“Convention adoption” is given a meaning by virtue of section 66(1)(c) of the Act;

“Convention country” has the same meaning as in section 144(1) of the Act;

“Convention list” means—

(a) in relation to a relevant Central Authority, a list of children notified to that Authority in accordance with regulation 40; or

(b) in relation to any other Central Authority within the British Islands, a list of children notified to that Authority in accordance with provisions, which correspond to regulation 40.

“corresponding Welsh provision” in relation to a Part or a regulation of the Agencies Regulations means the provision of regulations made by the Assembly under section 9 of the Act which corresponds to that Part or regulation;

“prospective adopter’s case record” has the same meaning as in regulation 22(1) of the Agencies Regulations or corresponding Welsh provision;

“prospective adopter’s report” has the same meaning as in regulation 25(5) of the Agencies Regulations or corresponding Welsh provisions;

“receiving State” has the same meaning as in Article 2 of the Convention5;

“relevant Central Authority”6means—

(a) in Chapter 1 of Part 3, in relation to a prospective adopter who is habitually resident in—

(i) England, the Secretary of State; and

(ii) Wales, the National Assembly for Wales; and

(b) in Chapter 2 of Part 3 in relation to a local authority in—

(i) England, the Secretary of State; and

(ii) Wales, the National Assembly for Wales;

“relevant local authority” means in relation to a prospective adopter—

(a) the local authority within whose area he has his home; or

(b) in the case where he no longer has a home in England or Wales, the local authority for the area in which he last had his home;

“relevant foreign authority” means a person, outside the British Islands performing functions in the country in which the child is, or in which the prospective adopter is, habitually resident which correspond to the functions of an adoption agency7or to the functions of the Secretary of State in respect of adoptions with a foreign element;

“State of origin” has the same meaning as in Article 2 of the Convention.

2 BRINGING CHILDREN INTO AND OUT OF THE UNITED KINGDOM

PART 2

BRINGING CHILDREN INTO AND OUT OF THE UNITED KINGDOM

CHAPTER 1

BRINGING CHILDREN INTO THE UNITED KINGDOM

S-3 Requirements applicable in respect of bringing or causing a child to be brought into the United Kingdom

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

3. A person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where section 83(1) of the Act applies must—

(a) apply in writing to an adoption agency for an assessment of his suitability to adopt a child; and

(b) give the adoption agency any information it may require for the purpose of the assessment8.

S-4 Conditions applicable in respect of a child brought into the United Kingdom

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

4.—(1) This regulation prescribes the conditions for the purposes of section 83(5) of the Act in respect of a child brought into the United Kingdom in circumstances where section 83 applies9.

(2) Prior to the child’s entry into the United Kingdom, the prospective adopter must—

(a)

(a) receive in writing, notification from the Secretary of State that she 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 in accordance with Part 4 of the Agencies Regulations or corresponding Welsh provision; and

(ii) that 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 adoption10is effected, the child will be authorised to enter and reside permanently in the United Kingdom;

(b)

(b) before visiting the child in the State of origin—

(i) notify the adoption agency of the details of the child to be adopted;

(ii) provide the adoption agency with any information and reports received from the relevant foreign authority; and

(iii) meet with the adoption agency to discuss the proposed adoption and information received from the relevant foreign authority;

(c)

(c) visit the child in the State of origin (and where the prospective adopters are a couple each of them); and

(d)

(d) after that visit—

(i) confirm in writing to the adoption agency that he has done so and wishes to proceed with the adoption;

(ii) provide the adoption agency with any additional reports and information received on or after that visit; and

(iii) notify the adoption agency of his expected date of entry into the United Kingdom with the child.

(3) The prospective adopter must accompany the child on entering the United Kingdom unless, in the case of a couple, the adoption agency and the relevant foreign authority have agreed that it is necessary for only one of them to do so.

(4) Except where an overseas adoption is or is to be effected, the prospective adopter must within the period of 14 days beginning with the date on which the child is brought into the United Kingdom give notice to the relevant local authority—

(a)

(a) of the child’s arrival in the United Kingdom; and

(b)

(b) of his intention—

(i) to apply for an adoption order in accordance with section 44(2) of the Act; or

(ii) not to give the child a home.

(5) In a case where a prospective adopter has given notice in accordance with paragraph (4) and subsequently moves his home into the area of another local authority, he must within 14 days of that move confirm in writing to that authority, the child’s entry into the United Kingdom and that notice of his intention—

(a)

(a) to apply for an adoption order in accordance with section 44(2) of the Act has been given to another local authority; or

(b)

(b) not to give the child a home,

has been given.

S-5 Functions imposed on the local authority

Functions imposed on the local authority

5.—(1) Where notice of intention to adopt has been given to the local authority, that authority must—

(a)

(a) if it has not already done so, set up a case record in respect of the child and place on it any information received from the—

(i) relevant foreign authority;

(ii) adoption agency, if it is not the local authority;

(iii) prospective adopter;

(iv) entry clearance officer; and

(v) Secretary of State, or as the case may be, the Assembly;

(b)

(b) send the prospective adopter’s general practitioner written notification of the arrival in England or Wales of the child and send with that notification a written report of the child’s health history and current state of health, so far as is known;

(c)

(c) send to the Primary Care Trust or Local Health Board (Wales), in whose area the prospective adopter has his home, written notification of the arrival in England or Wales of the child;

(d)

(d) where the child is of compulsory school age, send to the local education authority, in whose area the prospective adopter has his home, written notification of the arrival of the child in England or Wales and information, if known, about the child’s educational history and whether he is likely to be assessed for special educational needs under the Education Act 199611;

(e)

(e) ensure that the child and the prospective adopter are visited within one week of receipt of the notice of intention to adopt and thereafter not less than once a week until the review referred to in sub-paragraph (f) and thereafter at such frequency as the authority may decide;

(f)

(f) carry out a review of the child’s case not more than 4 weeks after receipt of the notice of intention to adopt and—

(i) visit and, if necessary, review not more than 3 months after that initial review; and

(ii) thereafter not more than 6 months after the date of the previous visit,

unless the child no longer has his home with the prospective adopter or an adoption order is made;

(g)

(g) when carrying out a...

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