The Adoption of Children from Overseas and Intercountry Adoption (Hague Convention) (Amendment) Regulations (Northern Ireland) 2006

Made: 15th August 2006

Coming into operation: 21st August 2006

The Department of Health, Social Services and Public Safety [^f00001], in exercise of the powers conferred on it by section 1(1), (3) and (5) of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001[^f00002] and Articles 10(1), 16A, and 58ZA of the Adoption (Northern Ireland) Order 1987 [^f00003], makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Adoption of Children from Overseas and Intercountry Adoption (Hague Convention) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 21st August 2006.

Amendment of the Adoption of Children from Overseas Regulations (Northern Ireland) 2002

2

• (1) The Adoption of Children from Overseas Regulations (Northern Ireland) 2002 [^f00004] shall be amended in accordance with paragraph (2).

• (2) In regulation 3 (requirements applying to prospective adopters) –

• (a) In paragraph (2)(b), after “suitable to be an adoptive parent;”, the word “and” shall be omitted;

• (b) After paragraph (2)(b), the following paragraph shall be inserted:

(ba) The Department of Health, Social Services and Public Safety has notified the prospective adopter that it agrees that the prospective adopter’s case should proceed;

; and

• (c) In paragraph (2)(c), after “Secretary of State”, the words “for Health” shall be omitted.

Amendment of the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003

3

• (1) The Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 [^f00005] shall be amended in accordance with paragraph (2).

• (2) In paragraph (3) of regulation 9, after the words “the Central Authority”, where they occur for the second time, there shall be inserted “if it agrees that the prospective adopter’s case should proceed”.

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 15th August 2006

Paul Martin — A senior officer of the — Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

These Regulations provide for amendments to the Adoption of Children from Overseas Regulations (Northern Ireland) 2002 and the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003.

Regulation 2 amends regulation 3 of the Adoption of Children from Overseas Regulations (Northern Ireland) 2002 so as to require that, before bringing a child into the United Kingdom for the purpose of adoption, a prospective adopter must have received a notification from the Department of Health, Social Services and Public Safety that it agrees that the prospective adopter’s case should proceed.

Regulation 3 amends regulation 9 of the Intercountry Adoption (Hague Convention) Regulations 2003 so as to require the agreement of the Department of Health, Social Services and Public Safety as the Central Authority before a prospective adopter’s case is sent to the State of Origin’s Central Authority.

Footnotes

[^f00001]: See S.I. 1999/283 (N.I. 1). Article 3(6)

[^f00002]: 2001 c 11 (N.I.)

[^f00003]: S.I. 1987/2203 (N.I. 22) as amended by S.I. 1994/429 (N.I. 2), S.I. 1995/755 (N.I. 2); Articles 16A and 58ZA were inserted by sections 3 and 12 of 2001 c. 11 (N.I.)

[^f00004]: SR 2002/144

[^f00005]: SR 2003/16