The Adoptions with a Foreign Element (Amendment) Regulations 2009

JurisdictionUK Non-devolved
CitationSI 2009/2563
Year2009

2009 No. 2563

Children And Young Persons, England And Wales

The Adoptions with a Foreign Element (Amendment) Regulations 2009

Made 22th September 2009

Laid before Parliament 29th September 2009

Coming into force 23th October 2009

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by section 1(1) and (3) of the Adoption (Intercountry Aspects) Act 19991.

The Secretary of State has consulted the Welsh Ministers in accordance with section 16(1) of that Act2.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Adoptions with a Foreign Element (Amendment) Regulations 2009 and come into force on 23 October 2009.

S-2 Amendment of the Adoptions with a Foreign Element Regulations 2005

Amendment of the Adoptions with a Foreign Element Regulations 2005

2.—(1) The Adoptions with a Foreign Element Regulations 20053are amended as follows.

(2) In regulation 19 (procedure following receipt of the Article 16 Information), for paragraph (3) substitute—

S-3

“3 Where—

(a) the procedure in paragraph (2) has been followed; and

(b) the prospective adopter has confirmed in writing to the adoption agency that he wishes to proceed to adopt the child,

the agency must notify the relevant Central Authority in writing that the requirements specified in sub-paragraphs (a) and (b) have been satisfied and at the same time it must confirm that it is content for the adoption to proceed.”.

(3) In regulation 20 (procedure where proposed adoption is not to proceed), in paragraph (3) for “before the child is placed with him” substitute “before any Convention adoption is made and before the child’s entry into the United Kingdom”.

Delyth Morgan

Parliamentary Under Secretary of State

Department for Children, Schools and Families

22nd September 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Adoptions with a Foreign Element Regulations 2005 ( S.I. 2005/392, “the FERs”) and make provision regarding adoptions under the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at The Hague on 29th May 1993 (“the Convention”), where the United Kingdom is the receiving State.

The Regulations extend to England and Wales and come into force on 23 October 2009.

Regulation 2(2) amends the procedure following receipt of information under Article 16 of the...

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