Adoption and Children Act 2002

• (b) in any other case, references to the local authority for the area in which, at the time of giving the notice of intention to adopt, they have their home,

and “prescribed” means prescribed by regulations.

Suitability of adopters

45

• (1) Regulations under section 9 may make provision as to the matters to be taken into account by an adoption agency in determining, or making any report in respect of, the suitability of any persons to adopt a child.

• (2) In particular, the regulations may make provision for the purpose of securing that, in determining the suitability of a couple to adopt a child, proper regard is had to the need for stability and permanence in their relationship.

The making of adoption orders

Adoption orders

46

• (1) An adoption order is an order made by the court on an application under section 50 or 51 giving parental responsibility for a child to the adopters or adopter.

• (2) The making of an adoption order operates to extinguish—

• (a) the parental responsibility which any person other than the adopters or adopter has for the adopted child immediately before the making of the order,

• (b) any order under the 1989 Act or the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

• (c) any order under the Children (Scotland) Act 1995 (c. 36) other than an excepted order, and

• (ca) any child assessment order or child protection order within the meaning given in section 202(1) of the Children’s Hearing (Scotland) Act 2011,

• (d) any duty arising by virtue of an agreement or an order of a court to make payments, so far as the payments are in respect of the adopted child’s maintenance or upbringing for any period after the making of the adoption order.

• (3) An adoption order—

• (a) does not affect parental responsibility so far as it relates to any period before the making of the order, and

• (b) in the case of an order made on an application under section 51(2) by the partner of a parent of the adopted child, does not affect the parental responsibility of that parent or any duties of that parent within subsection (2)(d).

• (4) Subsection (2)(d) does not apply to a duty arising by virtue of an agreement—

• (a) which constitutes a trust, or

• (b) which expressly provides that the duty is not to be extinguished by the making of an adoption order.

• (5) An adoption order may be made even if the child to be adopted is already an adopted child.

• (6) Before making an adoption order, the court must consider whether there should be arrangements for allowing any person contact with the child; and for that purpose the court must consider any existing or proposed arrangements and obtain any views of the parties to the proceedings.

Conditions for making adoption orders

47

• (1) An adoption order may not be made if the child has a parent or guardian unless one of the following three conditions is met; but this section is subject to section 52 (parental etc. consent).

• (2) The first condition is that, in the case of each parent or guardian of the child, the court is satisfied—

• (a) that the parent or guardian consents to the making of the adoption order,

• (b) that the parent or guardian has consented under section 20 (and has not withdrawn the consent) and does not oppose the making of the adoption order, or

• (c) that the parent’s or guardian’s consent should be dispensed with.

• (3) A parent or guardian may not oppose the making of an adoption order under subsection (2)(b) without the court’s leave.

• (4) The second condition is that—

• (a) the child has been placed for adoption by an adoption agency with the prospective adopters in whose favour the order is proposed to be made,

• (b) either—

• (i) the child was placed for adoption with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old, or

• (ii) the child was placed for adoption under a placement order, and

• (c) no parent or guardian opposes the making of the adoption order.

• (5) A parent or guardian may not oppose the making of an adoption order under the second condition without the court’s leave.

• (6) The third condition is that the child—

• (a) is the subject of a Scottish permanence order which includes provision granting authority for the child to be adopted, or

• (b) is free for adoption by virtue of an order made, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).

• (7) The court cannot give leave under subsection (3) or (5) unless satisfied that there has been a change in circumstances since the consent of the parent or guardian was given or, as the case may be, the placement order was made.

• (8) An adoption order may not be made in relation to a person who is or has been married.

• (8A) An adoption order may not be made in relation to a person who is or has been a civil partner.

• (9) An adoption order may not be made in relation to a person who has attained the age of 19 years.

• (10) In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 (S.S.I.2009/267)).

Restrictions on making adoption orders

48

• (1) The court may not hear an application for an adoption order in relation to a child, where a previous application to which subsection (2) applies made in relation to the child by the same persons was refused by any court, unless it appears to the court that, because of a change in circumstances or for any other reason, it is proper to hear the application.

• (2) This subsection applies to any application—

• (a) for an adoption order or a Scottish or Northern Irish adoption order, or

• (b) for an order for adoption made in the Isle of Man or any of the Channel Islands.

Applications for adoption

49

• (1) An application for an adoption order may be made by—

• (a) a couple, or

• (b) one person,

but only if it is made under section 50 or 51 and one of the following conditions is met.

• (2) The first condition is that at least one of the couple (in the case of an application under section 50) or the applicant (in the case of an application under section 51) is domiciled in a part of the British Islands.

• (3) The second condition is that both of the couple (in the case of an application under section 50) or the applicant (in the case of an application under section 51) have been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of the application.

• (4) An application for an adoption order may only be made if the person to be adopted has not attained the age of 18 years on the date of the application.

• (5) References in this Act to a child, in connection with any proceedings (whether or not concluded) for adoption, (such as “child to be adopted” or “adopted child”) include a person who has attained the age of 18 years before the proceedings are concluded.

Adoption by couple

50

• (1) An adoption order may be made on the application of a couple where both of them have attained the age of 21 years.

• (2) An adoption order may be made on the application of a couple where—

• (a) one of the couple is the mother or the father of the person to be adopted and has attained the age of 18 years, and

• (b) the other has attained the age of 21 years.

Adoption by one person

51

• (1) An adoption order may be made on the application of one person who has attained the age of 21 years and is not married or a civil partner.

• (2) An adoption order may be made on the application of one person who has attained the age of 21 years if the court is satisfied that the person is the partner of a parent of the person to be adopted.

• (3) An adoption order may be made on the application of one person who has attained the age of 21 years and is married if the court is satisfied that—

• (a) the person’s spouse cannot be found,

• (b) the spouses have separated and are living apart, and the separation is likely to be permanent, or

• (c) the person’s spouse is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.

• (3A) An adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that—

• (a) the person’s civil partner cannot be found,

• (b) the civil partners have separated and are living apart, and the separation is likely to be permanent, or

• (c) the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.

• (4) An adoption order may not be made on an application under this section by the mother or the father of the person to be adopted unless the court is satisfied that—

• (a) the other natural parent is dead or cannot be found,

• (b) by virtue of the provisions specified in subsection (5), there is no other parent, or

• (c) there is some other reason justifying the child’s being adopted by the applicant alone,

and, where the court makes an adoption order on such an application, the court must record that it is satisfied as to the fact mentioned in paragraph (a) or (b) or, in the case of paragraph (c), record the reason.

• (5) The provisions referred to in subsection (4)(b) are—

• (a) section 28 of the Human Fertilisation and Embryology Act 1990 (disregarding subsections (5A) to (5I) of that section), or

• (b) sections 34 to 47 of the Human Fertilisation and Embryology Act 2008 (disregarding sections 39, 40 and 46 of that Act).

Placement and adoption: general

Parental etc. consent

52

• (1) The court cannot dispense with the consent of any parent or guardian of a child to the child being placed for adoption or to the making of an adoption order in respect of the child unless the court is satisfied that—

• (a) the parent or guardian cannot be found or lacks capacity (within the meaning of the Mental Capacity Act 2005) to give consent, or

• (b) the welfare of the child requires the consent to be dispensed with.

• (2) The following provisions apply to references in this Chapter to any parent or guardian of a child giving or withdrawing—

• (a) consent to the placement of a child for adoption, or

• (b) consent to the making of an adoption order (including a future adoption order).

• (3) Any consent given by the mother to the making of an adoption order is ineffective if it is given less than six weeks after the child’s birth.

• (4) The withdrawal of any consent to the placement of a child for adoption, or of any consent given under section 20, is ineffective if it is given after an application for an adoption order is made.

• (5) “Consent” means consent given unconditionally and with full understanding of what is involved; but a person may consent to adoption without knowing the identity of the persons in whose favour the order will be made.

• (6) “Parent” (except in subsections (9) and (10) below) means a parent having parental responsibility.

• (7) Consent under section 19 or 20 must be given in the form prescribed by rules, and the rules may prescribe forms in which a person giving consent under any other provision of this Part may do so (if he wishes).

• (8) Consent given under section 19 or 20 must be withdrawn—

• (a) in the form prescribed by rules, or

• (b) by notice given to the agency.

• (9) Subsection (10) applies if—

• (a) an agency has placed a child for adoption under section 19 in pursuance of consent given by a parent of the child, and

• (b) at a later time, the other parent of the child acquires parental responsibility for the child.

• (10) The other parent is to be treated as having at that time given consent in accordance with this section in the same terms as those in which the first parent gave consent.

Modification of 1989 Act in relation to adoption

53

• (1) Where—

• (a) a local authority are authorised to place a child for adoption, or

• (b) a child who has been placed for adoption by a local authority is less than six weeks old,

regulations may provide for the following provisions ... to apply with modifications, or not to apply, in relation to the child.

• (2) The provisions are—

• (a) section 22(4)(b), (c) and (d) and (5)(b) of the 1989 Act (duty to ascertain wishes and feelings of certain persons);

• (b) sections 6(4)(b) and 78(3)(a) of the 2014 Act (duty to ascertain wishes and feelings of certain persons);

• (c) paragraphs 15 and 21 of Schedule 2 to the 1989 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance);

• (d) section 95 of and paragraph 1 of Schedule 1 to the 2014 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance).

• (3) Where a registered adoption society is authorised to place a child for adoption or a child who has been placed for adoption by a registered adoption society is less than six weeks old, regulations may provide—

• (a) for section 61 of the 1989 Act to have effect in relation to the child whether or not he is accommodated by or on behalf of the society,

• (b) for subsections (2)(b) to (d) and (3)(b) of that section (duty to ascertain wishes and feelings of certain persons) to apply with modifications, or not to apply, in relation to the child.

• (4) Where a child’s home is with persons who have given notice of intention to adopt, no contribution is payable (whether under a contribution order or otherwise) under Part 3 of Schedule 2 to the 1989 Act (contributions towards maintenance of children looked after by local authorities) or under Schedule 1 to the 2014 Act (contributions towards maintenance of looked after children) in respect of the period referred to in subsection (5).

• (5) That period begins when the notice of intention to adopt is given and ends if—

• (a) the period of four months beginning with the giving of the notice expires without the prospective adopters applying for an adoption order, or

• (b) an application for such an order is withdrawn or refused.

• (6) In this section, “notice of intention to adopt” includes notice of intention to apply for a Scottish or Northern Irish adoption order.

Disclosing information during adoption process

54

Regulations under section 9 may require adoption agencies in prescribed circumstances to disclose in accordance with the regulations prescribed information to prospective adopters.

Revocation of adoptions on legitimation

55

• (1) Where any child adopted by one natural parent as sole adoptive parent subsequently becomes a legitimated person on the marriage of, or formation of a civil partnership by, the natural parents, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke the order.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of information in relation to a person’s adoption

Information to be kept about a person’s adoption

56

• (1) In relation to an adopted person, regulations may prescribe—

• (a) the information which an adoption agency must keep in relation to his adoption,

• (b) the form and manner in which it must keep that information.

• (2) Below in this group of sections (that is, this section and sections 57 to 65), any information kept by an adoption agency by virtue of subsection (1)(a) is referred to as section 56 information.

• (3) Regulations may provide for the transfer in prescribed circumstances of information held, or previously held, by an adoption agency to another adoption agency.

Restrictions on disclosure of protected etc. information

57

• (1) Any section 56 information kept by an adoption agency which—

• (a) is about an adopted person or any other person, and

• (b) is or includes identifying information about the person in question,

may only be disclosed by the agency to a person (other than the person the information is about) in pursuance of this group of sections.

• (2) Any information kept by an adoption agency—

• (a) which the agency has obtained from the Registrar General on an application under section 79(5) and any other information which would enable the adopted person to obtain a certified copy of the record of his birth, or

• (b) which is information about an entry relating to the adopted person in the Adoption Contact Register,

may only be disclosed to a person by the agency in pursuance of this group of sections.

• (3) In this group of sections, information the disclosure of which to a person is restricted by virtue of subsection (1) or (2) is referred to (in relation to him) as protected information.

• (4) Identifying information about a person means information which, whether taken on its own or together with other information disclosed by an adoption agency, identifies the person or enables the person to be identified.

• (5) This section does not prevent the disclosure of protected information in pursuance of a prescribed agreement to which the adoption agency is a party.

• (6) Regulations may authorise or require an adoption agency to disclose protected information to a person who is not an adopted person.

Disclosure of other information

58

• (1) This section applies to any section 56 information other than protected information.

• (2) An adoption agency may for the purposes of its functions disclose to any person in accordance with prescribed arrangements any information to which this section applies.

• (3) An adoption agency must, in prescribed circumstances, disclose prescribed information to a prescribed person.

Offence

59

Regulations may provide that a registered adoption society which discloses any information in contravention of section 57 is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Disclosing information to adopted adult

60

• (1) This section applies to an adopted person who has attained the age of 18 years.

• (2) The adopted person has the right, at his request, to receive from the appropriate adoption agency—

• (a) any information which would enable him to obtain a certified copy of the record of his birth, unless the High Court or family court orders otherwise,

• (b) any prescribed information disclosed to the adopters by the agency by virtue of section 54.

• (3) The High Court or family court may make an order under subsection (2)(a), on an application by the appropriate adoption agency, if satisfied that the circumstances are exceptional.

• (4) The adopted person also has the right, at his request, to receive from the court which made the adoption order a copy of any prescribed document or prescribed order relating to the adoption.

• (5) Subsection (4) does not apply to a document or order so far as it contains information which is protected information.

Disclosing protected information about adults

61

• (1) This section applies where—

• (a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and

• (b) none of the information is about a person who is a child at the time of the application.

• (2) The agency is not required to proceed with the application unless it considers it appropriate to do so.

• (3) If the agency does proceed with the application it must take all reasonable steps to obtain the views of any person the information is about as to the disclosure of the information about him.

• (4) The agency may then disclose the information if it considers it appropriate to do so.

• (5) In deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—

• (a) the welfare of the adopted person,

• (b) any views obtained under subsection (3),

• (c) any prescribed matters,

and all the other circumstances of the case.

• (6) This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).

Disclosing protected information about children

62

• (1) This section applies where—

• (a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and

• (b) any of the information is about a person who is a child at the time of the application.

• (2) The agency is not required to proceed with the application unless it considers it appropriate to do so.

• (3) If the agency does proceed with the application, then, so far as the information is about a person who is at the time a child, the agency must take all reasonable steps to obtain—

• (a) the views of any parent or guardian of the child, and

• (b) the views of the child, if the agency considers it appropriate to do so having regard to his age and understanding and to all the other circumstances of the case,

as to the disclosure of the information.

• (4) And, so far as the information is about a person who has at the time attained the age of 18 years, the agency must take all reasonable steps to obtain his views as to the disclosure of the information.

• (5) The agency may then disclose the information if it considers it appropriate to do so.

• (6) In deciding whether it is appropriate to proceed with the application, or disclose the information, where any of the information is about a person who is at the time a child—

• (a) if the child is an adopted child, the child’s welfare must be the paramount consideration,

• (b) in the case of any other child, the agency must have particular regard to the child’s welfare.

• (7) And, in deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—

• (a) the welfare of the adopted person (where subsection (6)(a) does not apply),

• (b) any views obtained under subsection (3) or (4),

• (c) any prescribed matters,

and all the other circumstances of the case.

• (8) This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).

Counselling

63

• (1) Regulations may require adoption agencies to give information about the availability of counselling to persons—

• (a) seeking information from them in pursuance of this group of sections,

• (b) considering objecting or consenting to the disclosure of information by the agency in pursuance of this group of sections, or

• (c) considering entering with the agency into an agreement prescribed for the purposes of section 57(5).

• (2) Regulations may require adoption agencies to make arrangements to secure the provision of counselling for persons seeking information from them in prescribed circumstances in pursuance of this group of sections.

• (3) The regulations may authorise adoption agencies—

• (a) to disclose information which is required for the purposes of such counselling to the persons providing the counselling,

• (b) where the person providing the counselling is outside the United Kingdom, to require a prescribed fee to be paid.

• (4) The regulations may require any of the following persons to provide counselling for the purposes of arrangements under subsection (2)—

• (a) a local authority, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) or a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)),

• (b) a registered adoption society, an organisation within section 144(3)(b) or an appropriate voluntary organisation within the meaning of Article 2(2) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),

• (c) in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14).

• (d) in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other provision to be made by regulations

64

• (1) Regulations may make provision for the purposes of this group of sections, including provision as to—

• (a) the performance by adoption agencies of their functions,

• (b) the manner in which information may be received, and

• (c) the matters mentioned below in this section.

• (2) Regulations may prescribe—

• (a) the manner in which agreements made by virtue of section 57(5) are to be recorded,

• (b) the information to be provided by any person on an application for the disclosure of information under this group of sections.

• (3) Regulations may require adoption agencies—

• (a) to give to prescribed persons prescribed information about the rights or opportunities to obtain information, or to give their views as to its disclosure, given by this group of sections,

• (b) to seek prescribed information from, or give prescribed information to, the Registrar General in prescribed circumstances.

• (4) Regulations may require the Registrar General—

• (a) to disclose to any person (including an adopted person) at his request any information which the person requires to assist him to make contact with the adoption agency which is the appropriate adoption agency in the case of an adopted person specified in the request (or, as the case may be, in the applicant’s case),

• (b) to disclose to the appropriate adoption agency any information which the agency requires about any entry relating to the adopted person on the Adoption Contact Register.

• (5) Regulations may provide for the payment of a prescribed fee in respect of the disclosure in prescribed circumstances of any information in pursuance of section 60, 61 or 62; but an adopted person may not be required to pay any fee in respect of any information disclosed to him in relation to any person who (but for his adoption) would be related to him by blood (including half-blood) , marriage or civil partnership.

• (6) Regulations may provide for the payment of a prescribed fee by an adoption agency obtaining information under subsection (4)(b).

Sections 56 to 65: interpretation

65

• (1) In this group of sections—

• “appropriate adoption agency”, in relation to an adopted person or to information relating to his adoption, means—if the person was placed for adoption by an adoption agency, that agency or (if different) the agency which keeps the information in relation to his adoption,in any other case, the local authority to which notice of intention to adopt was given,

• “prescribed” means prescribed by subordinate legislation,

• “regulations” means regulations under section 9,

• “subordinate legislation” means regulations or, in relation to information to be given by a court, rules.

• (2) But—

• (a) regulations under section 63(2) imposing any requirement on a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), or an organisation within section 144(3)(b), are to be made by the Scottish Ministers,

• (b) regulations under section 63(2) imposing any requirement on a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)), or an appropriate voluntary organisation within the meaning of Article 2(2) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)), are to be made by the Department of Health, Social Services and Public Safety.

• (3) The power of the Scottish Ministers or of the Department of Health, Social Services and Public Safety to make regulations under section 63(2) includes power to make—

• (a) any supplementary, incidental or consequential provision,

• (b) any transitory, transitional or saving provision,

which the person making the regulations considers necessary or expedient.

• (4) Regulations prescribing any fee by virtue of section 64(6) require the approval of the Chancellor of the Exchequer.

• (5) Regulations making any provision as to the manner in which any application is to be made for the disclosure of information by the Registrar General require his approval.

Chapter 4 — Status of Adopted Children

Meaning of adoption in Chapter 4

66

• (1) In this Chapter “adoption” means—

• (a) adoption by an adoption order or a Scottish or Northern Irish adoption order,

• (b) adoption by an order made in the Isle of Man or any of the Channel Islands,

• (c) an adoption effected under the law of a Convention country outside the British Islands, and certified in pursuance of Article 23(1) of the Convention (referred to in this Act as a “Convention adoption”),

• (d) an overseas adoption, or

• (e) an adoption recognised by the law of England and Wales and effected under the law of any other country;

and related expressions are to be interpreted accordingly.

• (2) But references in this Chapter to adoption do not include an adoption effected before the day on which this Chapter comes into force (referred to in this Chapter as “the appointed day”).

• (3) Any reference in an enactment to an adopted person within the meaning of this Chapter includes a reference to an adopted child within the meaning of Part 4 of the Adoption Act 1976 (c. 36).

Status conferred by adoption

67

• (1) An adopted person is to be treated in law as if born as the child of the adopters or adopter.

• (2) An adopted person is the legitimate child of the adopters or adopter and, if adopted by—

• (a) a couple, or

• (b) one of a couple under section 51(2),

is to be treated as the child of the relationship of the couple in question.

• (3) An adopted person—

• (a) if adopted by one of a couple under section 51(2), is to be treated in law as not being the child of any person other than the adopter and the other one of the couple, and

• (b) in any other case, is to be treated in law, subject to subsection (4), as not being the child of any person other than the adopters or adopter;

but this subsection does not affect any reference in this Act to a person’s natural parent or to any other natural relationship.

• (4) In the case of a person adopted by one of the person’s natural parents as sole adoptive parent, subsection (3)(b) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.

• (5) This section has effect from the date of the adoption.

• (6) Subject to the provisions of this Chapter and Schedule 4, this section—

• (a) applies for the interpretation of enactments or instruments passed or made before as well as after the adoption, and so applies subject to any contrary indication, and

• (b) has effect as respects things done, or events occurring, on or after the adoption.

Adoptive relatives

68

• (1) A relationship existing by virtue of section 67 may be referred to as an adoptive relationship, and—

• (a) an adopter may be referred to as an adoptive parent or (as the case may be) as an adoptive father or adoptive mother,

• (b) any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree.

• (2) Subsection (1) does not affect the interpretation of any reference, not qualified by the word “adoptive”, to a relationship.

• (3) A reference (however expressed) to the adoptive mother and father of a child adopted by—

• (a) a couple of the same sex, or

• (b) a partner of the child’s parent, where the couple are of the same sex,

is to be read as a reference to the child’s adoptive parents.

Rules of interpretation for instruments concerning property

69

• (1) The rules of interpretation contained in this section apply (subject to any contrary indication and to Schedule 4) to any instrument so far as it contains a disposition of property.

• (2) In applying section 67(1) and (2) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition is to be interpreted as if—

• (a) the adopted person had been born on the date of adoption,

• (b) two or more people adopted on the same date had been born on that date in the order of their actual births;

but this does not affect any reference to a person’s age.

• (3) Examples of phrases in wills on which subsection (2) can operate are—

• 1. Children of A “living at my death or born afterwards”.

• 1. Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest and who attain the age of 21 years”.

• 1. As in example 1 or 2, but referring to grandchildren of A instead of children of A.

• 1. A for life “until he has a child”, and then to his child or children.

• Note. Subsection (2) will not affect the reference to the age of 21 years in example 2.

• (4) Section 67(3) does not prejudice—

• (a) any qualifying interest, ...

• (b) any interest expectant (whether immediately or not) upon a qualifying interest, or

• (c) any contingent interest (other than a contingent interest in remainder) which the adopted person has immediately before the adoption in the estate of a deceased parent, whether testate or intestate.

• (5) Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child—

• (a) it must be presumed that once a woman has attained the age of 55 years she will not adopt a person after execution of the instrument, and

• (b) if she does so, then (in spite of section 67) that person is not to be treated as her child or (if she does so as one of a couple) as the child of the other one of the couple for the purposes of the instrument.

• (6) In this section, “instrument” includes a private Act settling property, but not any other enactment.

Dispositions depending on date of birth

70

• (1) Where a disposition depends on the date of birth of a person who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, section 69(2) does not affect entitlement by virtue of Part 3 of the Family Law Reform Act 1987 (c. 42) (dispositions of property).

• (2) Subsection (1) applies for example where—

• (a) a testator dies in 2001 bequeathing a legacy to his eldest grandchild living at a specified time,

• (b) his unmarried daughter has a child in 2002 who is the first grandchild,

• (c) his married son has a child in 2003,

• (d) subsequently his unmarried daughter adopts her child as sole adoptive parent.

In that example the status of the daughter’s child as the eldest grandchild of the testator is not affected by the events described in paragraphs (c) and (d).

Property devolving with peerages etc.

71

• (1) An adoption does not affect the descent of any peerage or dignity or title of honour.

• (2) An adoption does not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour.

• (3) Subsection (2) applies only if and so far as a contrary intention is not expressed in the instrument, and has effect subject to the terms of the instrument.

Protection of trustees and personal representatives

72

• (1) A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether any adoption has been effected or revoked if that fact could affect entitlement to the property.

• (2) A trustee or personal representative is not liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution.

• (3) This section does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.

Meaning of disposition

73

• (1) This section applies for the purposes of this Chapter.

• (2) A disposition includes the conferring of a power of appointment and any other disposition of an interest in or right over property; and in this subsection a power of appointment includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.

• (3) This Chapter applies to an oral disposition as if contained in an instrument made when the disposition was made.

• (4) The date of death of a testator is the date at which a will or codicil is to be regarded as made.

• (5) The provisions of the law of intestate succession applicable to the estate of a deceased person are to be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.

Miscellaneous enactments

74

• (1) Section 67 does not apply for the purposes of—

• (a) section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity), or

• (b) sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative).

• (2) Section 67 does not apply for the purposes of any provision of—

• (a) the British Nationality Act 1981 (c. 61),

• (b) the Immigration Act 1971 (c. 77),

• (c) any instrument having effect under an enactment within paragraph (a) or (b), or

• (d) any other provision of the law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.

Pensions

75

Section 67(3) does not affect entitlement to a pension which is payable to or for the benefit of a person and is in payment at the time of the person’s adoption.

Insurance

76

• (1) Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial insurance company for the payment on the death of the child of money for funeral expenses, then—

• (a) the rights and liabilities under the policy are by virtue of the adoption transferred to the adoptive parents, and

• (b) for the purposes of the enactments relating to such societies and companies, the adoptive parents are to be treated as the person who took out the policy.

• (2) Where the adoption is effected by an order made by virtue of section 51(2), the references in subsection (1) to the adoptive parents are to be read as references to the adopter and the other one of the couple.

Chapter 5 — The Registers

Adopted Children Register etc.

Adopted Children Register

77

• (1) The Registrar General must continue to maintain in the General Register Office a register, to be called the Adopted Children Register.

• (2) The Adopted Children Register is not to be open to public inspection or search.

• (3) No entries may be made in the Adopted Children Register other than entries—

• (a) directed to be made in it by adoption orders, or

• (b) required to be made under Schedule 1.

• (4) A certified copy of an entry in the Adopted Children Register, if purporting to be sealed or stamped with the seal of the General Register Office, is to be received as evidence of the adoption to which it relates without further or other proof.

• (5) Where an entry in the Adopted Children Register contains a record—

• (a) of the date of birth of the adopted person, or

• (b) of the country, or the district and sub-district, of the birth of the adopted person,

a certified copy of the entry is also to be received, without further or other proof, as evidence of that date, or country or district and sub-district, (as the case may be) in all respects as if the copy were a certified copy of an entry in the registers of live-births.

• (6) Schedule 1 (registration of adoptions and the amendment of adoption orders) is to have effect.

Searches and copies

78

• (1) The Registrar General must continue to maintain at the General Register Office an index of the Adopted Children Register.

• (2) Any person may—

• (a) search the index,

• (b) have a certified copy of any entry in the Adopted Children Register.

• (3) But a person is not entitled to have a certified copy of an entry in the Adopted Children Register relating to an adopted person who has not attained the age of 18 years unless the applicant has provided the Registrar General with the prescribed particulars.

• (4) The terms, conditions and regulations as to payment of fees, and otherwise, applicable under the Births and Deaths Registration Act 1953 (c. 20), and the Registration Service Act 1953 (c. 37), in respect of—

• (a) searches in the index kept in the General Register Office of certified copies of entries in the registers of live-births,

• (b) the supply from that office of certified copies of entries in those certified copies,

also apply in respect of searches, and supplies of certified copies, under subsection (2).

Connections between the register and birth records

79

• (1) The Registrar General must make traceable the connection between any entry in the registers of live-births or other records which has been marked “Adopted” and any corresponding entry in the Adopted Children Register.

• (2) Information kept by the Registrar General for the purposes of subsection (1) is not to be open to public inspection or search.

• (3) Any such information, and any other information which would enable an adopted person to obtain a certified copy of the record of his birth, may only be disclosed by the Registrar General in accordance with this section.

• (4) In relation to a person adopted before the appointed day the court may, in exceptional circumstances, order the Registrar General to give any information mentioned in subsection (3) to a person.

• (5) On an application made in the prescribed manner by the appropriate adoption agency in respect of an adopted person a record of whose birth is kept by the Registrar General, the Registrar General must give the agency any information relating to the adopted person which is mentioned in subsection (3).

• (6) In relation to a person adopted before the appointed day, Schedule 2 applies instead of subsection (5).

• (7) On an application made in the prescribed manner by an adopted person a record of whose birth is kept by the Registrar General and who—

• (a) is under the age of 18 years, and

• (b) intends to be married or form a civil partnership,

the Registrar General must inform the applicant whether or not it appears from information contained in the registers of live-births or other records that the applicant and the intended spouse or civil partner may be within the prohibited degrees of relationship for the purposes of the Marriage Act 1949 (c. 76) or for the purposes of the Civil Partnership Act 2004 (c. 33).

• (8) Before the Registrar General gives any information by virtue of this section, any prescribed fee which he has demanded must be paid.

• (9) In this section—

• “appointed day” means the day appointed for the commencement of sections 56 to 65,

• “prescribed” means prescribed by regulations made by the Registrar General with the approval of the Secretary of State.

Adoption Contact Register

Adoption Contact Register

80

• (1) The Registrar General must continue to maintain at the General Register Office in accordance with regulations a register in two Parts to be called the Adoption Contact Register.

• (2) Part 1 of the register is to contain the prescribed information about adopted persons who have given the prescribed notice expressing their wishes as to making contact with their relatives.

• (3) The Registrar General may only make an entry in Part 1 of the register for an adopted person—

• (a) a record of whose birth is kept by the Registrar General,

• (b) who has attained the age of 18 years, and

• (c) who the Registrar General is satisfied has such information as is necessary to enable him to obtain a certified copy of the record of his birth.

• (4) Part 2 of the register is to contain the prescribed information about persons who have given the prescribed notice expressing their wishes, as relatives of adopted persons, as to making contact with those persons.

• (5) The Registrar General may only make an entry in Part 2 of the register for a person—

• (a) who has attained the age of 18 years, and

• (b) who the Registrar General is satisfied is a relative of an adopted person and has such information as is necessary to enable him to obtain a certified copy of the record of the adopted person’s birth.

• (6) Regulations may provide for—

• (a) the disclosure of information contained in one Part of the register to persons for whom there is an entry in the other Part,

• (b) the payment of prescribed fees in respect of the making or alteration of entries in the register and the disclosure of information contained in the register.

Adoption Contact Register: supplementary

81

• (1) The Adoption Contact Register is not to be open to public inspection or search.

• (2) In section 80, “relative”, in relation to an adopted person, means any person who (but for his adoption) would be related to him by blood (including half-blood) , marriage or civil partnership.

• (3) The Registrar General must not give any information entered in the register to any person except in accordance with subsection (6)(a) of that section or regulations made by virtue of section 64(4)(b).

• (4) In section 80, “regulations” means regulations made by the Registrar General with the approval of the Secretary of State, and “prescribed” means prescribed by such regulations.

General

Interpretation

82

• (1) In this Chapter—

• “records” includes certified copies kept by the Registrar General of entries in any register of births,

• “registers of live-births” means the registers of live-births made under the Births and Deaths Registration Act 1953 (c. 20).

• (2) Any register, record or index maintained under this Chapter may be maintained in any form the Registrar General considers appropriate; and references (however expressed) to entries in such a register, or to their amendment, marking or cancellation, are to be read accordingly.

Chapter 6 — Adoptions with a foreign element

Bringing children into and out of the United Kingdom

Restriction on bringing children in

83

• (1) This section applies where a person who is habitually resident in the British Islands (the “British resident”)—

• (a) brings, or causes another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purpose of adoption by the British resident, or

• (b) at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of twelve months ending with that time.

The references to adoption, or to a child adopted, by the British resident include a reference to adoption, or to a child adopted, by the British resident and another person.

• (2) But this section does not apply if the child is intended to be adopted under a Convention adoption order.

• (3) An external adoption means an adoption, other than a Convention adoption, of a child effected under the law of any country or territory outside the British Islands, whether or not the adoption is—

• (a) an adoption within the meaning of Chapter 4, or

• (b) a full adoption (within the meaning of section 88(3)).

• (4) Regulations may require a person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where this section applies—

• (a) to apply to an adoption agency (including a Scottish or Northern Irish adoption agency) in the prescribed manner for an assessment of his suitability to adopt the child, and

• (b) to give the agency any information it may require for the purpose of the assessment.

• (5) Regulations may require prescribed conditions to be met in respect of a child brought into the United Kingdom in circumstances where this section applies.

• (6) In relation to a child brought into the United Kingdom for adoption in circumstances where this section applies, regulations may—

• (a) provide for any provision of Chapter 3 to apply with modifications or not to apply,

• (b) if notice of intention to adopt has been given, impose functions in respect of the child on the local authority to which the notice was given.

• (7) If a person brings, or causes another to bring, a child into the United Kingdom at any time in circumstances where this section applies, he is guilty of an offence if—

• (a) he has not complied with any requirement imposed by virtue of subsection (4), or

• (b) any condition required to be met by virtue of subsection (5) is not met,

before that time, or before any later time which may be prescribed.

• (8) A person guilty of an offence under this section is liable—

• (a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both,

• (b) on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.

• (9) In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State, after consultation with the Assembly.

Giving parental responsibility prior to adoption abroad

84

• (1) The High Court may, on an application by persons who the court is satisfied intend to adopt a child under the law of a country or territory outside the British Islands, make an order giving parental responsibility for the child to them.

• (2) An order under this section may not give parental responsibility to persons who the court is satisfied meet those requirements as to domicile, or habitual residence, in England and Wales which have to be met if an adoption order is to be made in favour of those persons.

• (3) An order under this section may not be made unless any requirements prescribed by regulations are satisfied.

• (4) An application for an order under this section may not be made unless at all times during the preceding ten weeks the child’s home was with the applicant or, in the case of an application by two people, both of them.

• (5) Section 46(2) to (4) has effect in relation to an order under this section as it has effect in relation to adoption orders.

• (6) Regulations may provide for any provision of this Act which refers to adoption orders to apply, with or without modifications, to orders under this section.

• (7) In this section, “regulations” means regulations made by the Secretary of State, after consultation with the Assembly.

Restriction on taking children out

85

• (1) A child who—

• (a) is a Commonwealth citizen, or

• (b) is habitually resident in the United Kingdom,

must not be removed from the United Kingdom to a place outside the British Islands for the purpose of adoption unless the condition in subsection (2) is met.

• (2) The condition is that—

• (a) the prospective adopters have parental responsibility for the child by virtue of an order under section 84, or

• (b) the child is removed under the authority of an order under section59 of the Adoption and Children (Scotland) Act 2007 (asp4) or Article 57 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).

• (3) Removing a child from the United Kingdom includes arranging to do so; and the circumstances in which a person arranges to remove a child from the United Kingdom include those where he—

• (a) enters into an arrangement for the purpose of facilitating such a removal of the child,

• (b) initiates or takes part in any negotiations of which the purpose is the conclusion of an arrangement within paragraph (a), or

• (c) causes another person to take any step mentioned in paragraph (a) or (b).

An arrangement includes an agreement (whether or not enforceable).

• (4) A person who removes a child from the United Kingdom in contravention of subsection (1) is guilty of an offence.

• (5) A person is not guilty of an offence under subsection (4) of causing a person to take any step mentioned in paragraph (a) or (b) of subsection (3) unless it is proved that he knew or had reason to suspect that the step taken would contravene subsection (1).

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

• (6) A person guilty of an offence under this section is liable—

• (a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both,

• (b) on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.

• (7) In any proceedings under this section—

• (a) a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer is admissible, upon proof that the officer or the deponent cannot be found in the United Kingdom, as evidence of the matters stated in it, and

• (b) it is not necessary to prove the signature or official character of the person who appears to have signed any such report or deposition.

Power to modify sections 83 and 85

86

• (1) Regulations may provide for section 83 not to apply if—

• (a) the adopters or (as the case may be) prospective adopters are natural parents, natural relatives or guardians of the child in question (or one of them is), or

• (b) the British resident in question is a partner of a parent of the child,

and any prescribed conditions are met.

• (2) Regulations may provide for section 85(1) to apply with modifications, or not to apply, if—

• (a) the prospective adopters are parents, relatives or guardians of the child in question (or one of them is), or

• (b) the prospective adopter is a partner of a parent of the child,

and any prescribed conditions are met.

• (3) On the occasion of the first exercise of the power to make regulations under this section—

• (a) the statutory instrument containing the regulations is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, and

• (b) accordingly section 140(2) does not apply to the instrument.

• (4) In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State after consultation with the Assembly.

Overseas adoptions

Overseas adoptions

87

• (1) In this Act, “overseas adoption”—

• (a) means an adoption of a description specified in an order made by the Secretary of State, being a description of adoptions effected under the law of any country or territory outside the British Islands, but

• (b) does not include a Convention adoption.

• (2) Regulations may prescribe the requirements that ought to be met by an adoption of any description effected after the commencement of the regulations for it to be an overseas adoption for the purposes of this Act.

• (3) At any time when such regulations have effect, the Secretary of State must exercise his powers under this section so as to secure that subsequently effected adoptions of any description are not overseas adoptions for the purposes of this Act if he considers that they are not likely within a reasonable time to meet the prescribed requirements.

• (4) In this section references to this Act include the Adoption Act 1976 (c. 36).

• (5) An order under this section may contain provision as to the manner in which evidence of any overseas adoption may be given.

• (6) In this section—

• “adoption” means an adoption of a child or of a person who was a child at the time the adoption was applied for,

• “regulations” means regulations made by the Secretary of State after consultation with the Assembly.

Miscellaneous

Modification of section 67 for Hague Convention adoptions

88

• (1) If the High Court is satisfied, on an application under this section, that each of the following conditions is met in the case of a Convention adoption, it may direct that section 67(3) does not apply, or does not apply to any extent specified in the direction.

• (2) The conditions are—

• (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),

• (c) that it would be more favourable to the adopted child for a direction to be given under subsection (1).

• (3) A full adoption is an adoption by virtue of which the child is to be treated in law as not being the child of any person other than the adopters or adopter.

• (4) In relation to a direction under this section and an application for it, sections 59 and 60 of the Family Law Act 1986 (c. 55) (declarations under Part 3 of that Act as to marital status) apply as they apply in relation to a direction under that Part and an application for such a direction.

Annulment etc. of overseas or Hague Convention adoptions

89

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

• (2) The High Court may, on an application under this subsection—

• (a) by order provide for an overseas adoption or a determination under section 91 to cease to be valid on the ground that the adoption or determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case, or

• (b) decide the extent, if any, to which a determination under section 91 has been affected by a subsequent determination under that section.

• (3) The High Court may, in any proceedings in that court, decide that an overseas adoption or a determination under section 91 is to be treated, for the purposes of those proceedings, as invalid on either of the grounds mentioned in subsection (2)(a).

• (4) Subject to the preceding provisions, the validity of a Convention adoption, Convention adoption order or overseas adoption or a determination under section 91 cannot be called in question in proceedings in any court in England and Wales.

Section 89: supplementary

90

• (1) Any application for an order under section 89 or a decision under subsection (2)(b) or (3) of that section must be made in the prescribed manner and within any prescribed period.

• (2) No application may be made under section 89(1) in respect of an adoption unless immediately before the application is made—

• (a) the person adopted, or

• (b) the adopters or adopter,

habitually reside in England and Wales.

• (3) In deciding in pursuance of section 89 whether such an authority as is mentioned in section 91 was competent to entertain a particular case, a court is bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to entertain the case.

Overseas determinations and orders

91

• (1) Subsection (2) applies where any authority of a Convention country (other than the United Kingdom) or of the Channel Islands, the Isle of Man or any British overseas territory has power under the law of that country or territory—

• (a) to authorise, or review the authorisation of, an adoption order made in that country or territory, or

• (b) to give or review a decision revoking or annulling such an order or a Convention adoption.

• (2) If the authority makes a determination in the exercise of that power, the determination is to have effect for the purpose of effecting, confirming or terminating the adoption in question or, as the case may be, confirming its termination.

• (3) Subsection (2) is subject to section 89 and to any subsequent determination having effect under that subsection.

Chapter 7 — Miscellaneous

Restrictions

Restriction on arranging adoptions etc.

92

• (1) A person who is neither an adoption agency nor acting in pursuance of an order of the High Court or the family court must not take any of the steps mentioned in subsection (2).

• (2) The steps are—

• (a) asking a person other than an adoption agency to provide a child for adoption,

• (b) asking a person other than an adoption agency to provide prospective adopters for a child,

• (c) offering to find a child for adoption,

• (d) offering a child for adoption to a person other than an adoption agency,

• (e) handing over a child to any person other than an adoption agency with a view to the child’s adoption by that or another person,

• (f) receiving a child handed over to him in contravention of paragraph (e),

• (g) entering into an agreement with any person for the adoption of a child, or for the purpose of facilitating the adoption of a child, where no adoption agency is acting on behalf of the child in the adoption,

• (h) initiating or taking part in negotiations of which the purpose is the conclusion of an agreement within paragraph (g),

• (i) causing another person to take any of the steps mentioned in paragraphs (a) to (h).

• (3) Subsection (1) does not apply to a person taking any of the steps mentioned in paragraphs (d), (e), (g), (h) and (i) of subsection (2) if the following condition is met.

• (4) The condition is that—

• (a) the prospective adopters are parents, relatives or guardians of the child (or one of them is), or

• (b) the prospective adopter is the partner of a parent of the child.

• (5) References to an adoption agency in subsection (2) include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances in respect of the child in question.

• (6) The Secretary of State may, after consultation with the Assembly, by order make any amendments of subsections (1) to (4), and any consequential amendments of this Act, which he considers necessary or expedient.

• (7) In this section—

• (a) “agreement” includes an arrangement (whether or not enforceable),

• (b) “prescribed” means prescribed by regulations made by the Secretary of State after consultation with the Assembly.

Offence of breaching restrictions under section 92

93

• (1) If a person contravenes section 92(1), he is guilty of an offence; and, if that person is an adoption society, the person who manages the society is also guilty of the offence.

• (2) A person is not guilty of an offence under subsection (1) of taking the step mentioned in paragraph (f) of section 92(2) unless it is proved that he knew or had reason to suspect that the child was handed over to him in contravention of paragraph (e) of that subsection.

• (3) A person is not guilty of an offence under subsection (1) of causing a person to take any of the steps mentioned in paragraphs (a) to (h) of section 92(2) unless it is proved that he knew or had reason to suspect that the step taken would contravene the paragraph in question.

• (4) But subsections (2) and (3) only apply if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

• (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine, or both.

Restriction on reports

94

• (1) A person who is not within a prescribed description may not, in any prescribed circumstances, prepare a report for any person about the suitability of a child for adoption or of a person to adopt a child or about the adoption, or placement for adoption, of a child.

• (2) If a person—

• (a) contravenes subsection (1), or

• (b) causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,

he is guilty of an offence.

• (3) If a person who works for an adoption society—

• (a) contravenes subsection (1), or

• (b) causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,

the person who manages the society is also guilty of the offence.

• (4) A person is not guilty of an offence under subsection (2)(b) unless it is proved that he knew or had reason to suspect that the report would be, or had been, prepared in contravention of subsection (1).

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

• (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

Prohibition of certain payments

95

• (1) This section applies to any payment (other than an excepted payment) which is made for or in consideration of—

• (a) the adoption of a child,

• (b) giving any consent required in connection with the adoption of a child,

• (c) removing from the United Kingdom a child who is a Commonwealth citizen, or is habitually resident in the United Kingdom, to a place outside the British Islands for the purpose of adoption,

• (d) a person (who is neither an adoption agency nor acting in pursuance of an order of the High Court or family court) taking any step mentioned in section 92(2),

• (e) preparing, causing to be prepared or submitting a report the preparation of which contravenes section 94(1).

• (2) In this section and section 96, removing a child from the United Kingdom has the same meaning as in section 85.

• (3) Any person who—

• (a) makes any payment to which this section applies,

• (b) agrees or offers to make any such payment, or

• (c) receives or agrees to receive or attempts to obtain any such payment,

is guilty of an offence.

• (4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine, or both.

Excepted payments

96

• (1) A payment is an excepted payment if it is made by virtue of, or in accordance with provision made by or under, this Act, the Adoption (Scotland) Act 1978 (c. 28),the Adoption and Children (Scotland) Act 2007 (asp4) or the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).

• (2) A payment is an excepted payment if it is made to a registered adoption society by—

• (a) a parent or guardian of a child, or

• (b) a person who adopts or proposes to adopt a child,

in respect of expenses reasonably incurred by the society in connection with the adoption or proposed adoption of the child.

• (3) A payment is an excepted payment if it is made in respect of any legal or medical expenses incurred or to be incurred by any person in connection with an application to a court which he has made or proposes to make for an adoption order, a placement order, or an order under section 26, 51A or 84.

• (4) A payment made as mentioned in section 95(1)(c) is an excepted payment if—

• (a) the condition in section 85(2) is met, and

• (b) the payment is made in respect of the travel and accommodation expenses reasonably incurred in removing the child from the United Kingdom for the purpose of adoption.

Sections 92 to 96: interpretation

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In sections 92 to 96—

• (a) “adoption agency” includes a Scottish or Northern Irish adoption agency,

• (b) “payment” includes reward,

• (c) references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.

Information

Pre-commencement adoptions: information

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• (1) Regulations under section 9 may make provision for the purpose of—

• (a) assisting persons adopted before the appointed day who have attained the age of 18 to obtain information in relation to their adoption, and

• (b) facilitating contact between such persons and their relatives.

• (1A) Regulations under section 9 may make provision for the purpose of facilitating contact between persons with a prescribed relationship to a person adopted before the appointed day and that person's relatives.

• (2) For a purpose within subsection (1) or (1A) the regulations may confer functions on—

• (a) registered adoption support agencies,

• (b) the Registrar General,

• (c) adoption agencies.

• (3) For a purpose within subsection (1) or (1A) the regulations may—

• (a) authorise or require any person mentioned in subsection (2) to disclose information,

• (b) authorise or require the disclosure of information contained in records kept under section 8 of the Public Records Act 1958 (c. 51) (court records),

and may impose conditions on the disclosure of information, including conditions restricting its further disclosure.

• (4) The regulations may authorise the charging of prescribed fees by any person mentioned in subsection (2) or in respect of the disclosure of information under subsection (3)(b).

• (5) An authorisation or requirement to disclose information by virtue of subsection (3)(a) has effect in spite of any restriction on the disclosure of information in Chapter 5.

• (6) The making of regulations by virtue of subsections (2) to (4) which relate to the Registrar General requires the approval of the Secretary of State.

• (7) In this section—