Adoption (Intercountry Aspects) Act 1999

Prospective

2 Central Authorities and accredited bodies.E+W+S

(1)The functions under the Convention of the Central Authority are to be discharged—

(a)separately in relation to England and Scotland by the Secretary of State; and

(b)in relation to Wales by the National Assembly for Wales.

(2)A communication may be sent to the Central Authority in relation to any part of Great Britain by sending it (for forwarding if necessary) to the Central Authority in relation to England.

[F1(2A)A voluntary adoption agency in respect of which a person is registered under Part II of the Care Standards Act 2000 is an accredited body for the purposes of the Convention if, in accordance with the conditions of the registration, the agency may provide facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders.]

(3)An approved adoption society is an accredited body for the purposes of the Convention if the approval extends to the provision of facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders.

(4)The functions under Article 9(a) to (c) of the Convention are to be discharged by local authorities and accredited bodies on behalf of the Central Authority.

(5)[F2In this section in its application to England and Wales, “approved adoption society” has the same meaning as in Part I of the M1Adoption Act 1976 (“the 1976 Act”); and expressions which are also used in that Act have the same meanings as in that Act.]

[F2In this section in its application to England and Wales, “voluntary adoption agency” has the same meaning as in the Care Standards Act 2000; and expressions which are also used in the M2Adoption Act 1976 (“the 1976 Act”) have the same meanings as in that Act.]

(6)In this section in its application to Scotland, “approved adoption society” has the same meaning as in section 65(1) (interpretation) of the M3Adoption (Scotland) Act 1978 (“the 1978 Act”); and expressions which are also used in that Act have the same meanings as in that Act.

Valid from 01/06/2003

4 Effect of Convention adoptions in England and Wales.E+W+S

(1)In subsection (1) of section 38 of the 1976 Act (meaning of “adoption” for purposes of provisions relating to status of adopted children), after paragraph (c) there shall be inserted—

“(cc)which is a Convention adoption;”.

(2)In subsection (2) of section 39 of that Act (status conferred by adoption), for “subsection (3)” there shall be substituted “ subsections (3) and (3A) ”.

(3)After subsection (3) of that section there shall be inserted—

“(3A)Where, in the case of a Convention adoption, the High Court is satisfied, on an application under this subsection—

(a)that under the law of the country in which the adoption was effected the adoption is not a full adoption;

(b)that the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption, or that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention); and

(c)that it would be more favourable to the adopted child for a direction to be given under this subsection,

the Court may direct that subsection (2) shall not apply, or shall not apply to such extent as may be specified in the direction.

In this subsection “full adoption” means an adoption by virtue of which the adopted child falls to be treated in law as if he were not the child of any person other than the adopters or adopter.

(3B)The following provisions of the M4Family Law Act 1986—

(a)section 59 (provisions relating to the Attorney General); and

(b)section 60 (supplementary provision as to declarations),

shall apply in relation to, and to an application for, a direction under subsection (3A) as they apply in relation to, and to an application for, a declaration under Part III of that Act.”

Valid from 01/06/2003

5 Effect of Convention adoptions in Scotland.E+W+S

(1)In subsection (1) of section 38 of the 1978 Act (meaning of “adoption order” for purposes of provisions relating to status of adopted children), after paragraph (c) there shall be inserted—

“(cc)a Convention adoption;”.

(2)In subsection (1) of section 39 of that Act (status conferred by adoption), in sub-paragraph (ii) of each of paragraphs (a), (b) and (c), at the beginning there shall be inserted “ subject to subsection (2A) ”.

(3)After subsection (2) of that section there shall be inserted—

“(2A)Where, in the case of a child adopted under a Convention adoption, the Court of Session is satisfied, on an application under this subsection—

(a)that under the law of the country in which the adoption was effected the adoption is not a full adoption;

(b)that the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption, or that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention); and

(c)that it would be more favourable to the child for a direction to be given under this subsection,

the Court may direct that sub-paragraph (ii) of, as the case may be, paragraph (a), (b) or (c) of subsection (1) shall not apply, or shall not apply to such extent as may be specified in the direction: and in this subsection “full adoption” means an adoption by virtue of which the child falls to be treated in law as if he were not the child of any person other than the adopters or adopter.”

Valid from 01/06/2003

6 Annulment of Convention adoptions etc.E+W+S

(1)For subsection (1) of section 53 of the 1976 Act (annulment etc. of overseas adoptions) there shall be substituted—

“(1)The High Court may, on an application under this subsection, by order annul a Convention adoption or a Convention adoption order on the ground that the adoption or order is contrary to public policy.”;

and the same amendment shall be made to section 47 of the 1978 Act (corresponding provision for Scotland) except that for “the High Court” there shall substituted “ the Court of Session ”.

(2)In subsection (5) of each of those sections, after “validity of” there shall be inserted “ a Convention adoption, a Convention adoption order, ”.

(3)In subsection (4) of section 54 of the 1976 Act (provisions supplementary to sections 52(3) and 53), and in subsection (4) of section 48 of the 1978 Act (provisions supplementary to sections 46(2) and 47), the definitions of “notified provision” and “relevant time” shall cease to have effect.

(4)For subsection (1) of section 59 of the 1976 Act (effect of determinations and orders made in Scotland and overseas in adoption proceedings) there shall be substituted—

“(1)Where—

(a)an authority of a Convention country (other than the United Kingdom) having power under the law of that country—

(i)to authorise, or review the authorisation of, a Convention adoption; or

(ii)to give or review a decision revoking or annulling such an adoption or a Convention adoption order; or

(b)an authority of any of the Channel Islands, the Isle of Man or any colony having power under the law of that territory—

(i)to authorise, or review the authorisation of, a Convention adoption or an adoption effected in that territory; or

(ii)to give or review a decision revoking or annulling such an adoption or a Convention adoption order,

makes a determination in the exercise of that power, then, subject to section 53 and any subsequent determination having effect under this subsection, the determination shall have effect in England and Wales for the purpose of effecting, confirming or terminating the adoption in question or confirming its termination as the case may be.”;

Valid from 01/06/2003

7 Acquisition of British citizenship by Convention adoptions.E+W+S

(1)For subsection (5) of section 1 of the M5British Nationality Act 1981 (acquisition by birth or adoption) there shall be substituted—

“(5)Where—

(a)any court in the United Kingdom makes an order authorising the adoption of a minor who is not a British citizen; or

(b)a minor who is not a British citizen is adopted under a Convention adoption,

that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be.

(5A)Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)—

(a)the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and

(b)in a case within subsection (5)(b), the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the United Kingdom.”

(2)In subsection (6) of that section, after “order” there shall be inserted “ or a Convention adoption ”.

(3)At the end of subsection (8) of that section there shall be inserted “ and in this section “Convention adoption” has the same meaning as in the M6Adoption Act 1976 and the M7Adoption (Scotland) Act 1978 ”.

Prospective

F310 Approval of adoption societies to provide intercountry adoption services.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Valid from 01/06/2003

11 Six months residence required for certain intercountry adoptions.E+W+S

After subsection (3) of section 13 of the 1976 and 1978 Acts (child to live with adopters before order is made) there shall be inserted—

“(4)In relation to—

(a)an adoption proposed to be effected by a Convention adoption order; or

(b)an adoption of a child habitually resident outside the British Islands which is proposed to be effected by an adoption order other than a Convention adoption order,

subsection (1) shall have effect as if the reference to the preceding 13 weeks were a reference to the preceding six months.”

Valid from 01/06/2003

15 Amendments and repeals.E+W+S

(1)The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the provisions of this Act.

(2)The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in that Schedule.

Valid from 01/06/2003

17 Savings for adoptions etc. under 1965 Convention.E+W+S

(1)In relation to—

(a)a 1965 Convention adoption order or an application for such an order; or

(b)a 1965 Convention adoption,

the 1976 and 1978 Acts shall have effect without the amendments made by sections 3 to 6 and 8 and Schedule 2 to this Act and the associated repeals made by Schedule 3 to this Act.

(2)In subsection (1) in its application to the 1976 or 1978 Act—

• “1965 Convention adoption order” has the meaning which “Convention adoption order” has in that Act as it has effect without the amendments and repeals mentioned in that subsection;

• “1965 Convention adoption” has the meaning which “regulated adoption” has in that Act as it so has effect.