The Human Fertilisation and Embryology (Parental Orders) Regulations 2018

• (ii) after “paragraph (6)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”;

• (iii) for “has been granted” there were substituted “has been made”; and

• (iv) the words “or the country in which the child was previously adopted” and the words from “or the Adopted Children Register” to “the case may be,” were omitted.

18

Article 52 (1) to (4) and (6) (amendment of orders and rectification of Registers) has effect as if—

• (a) for the words “an adoption order” in each place they appear there were substituted “a parental order”;

• (b) for the words “Adopted Children Register” in each place they appear, except in paragraph (6), there were substituted “Parental Order Register”;

• (c) in paragraph (1)—

• (i) for the words “adopter or of the adopted person” in each place they appear there were substituted “person or persons who obtained the parental order or of the person who is the subject of the parental order”;

• (ii) in sub-paragraph (a) for “given to the adopted person” there were substituted “given to the person who is subject to the parental order” and the words “, or taken by him,” were omitted; and

• (iii) in sub-paragraph (b) for “Article 51(4) or (5)” there were substituted “Article 51(4) (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”;

• (d) in paragraph (2) after “paragraph (1)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”;

• (e) in paragraph (4) after “Article 50(2)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; and

• (f) in paragraph (6)—

• (i) after “Article 51(7)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; and

• (ii) the words “or an Adopted Children Register or any corresponding register of adoptions” were omitted.

19

Article 53 (1) and (2) (registration of adoptions made outside Northern Ireland) has effect as if—

• (a) in paragraph (1)—

• (i) for “register of adoptions” there were substituted “register of parental orders”;

• (ii) for “an order has been made in that country authorising the adoption of a child” there were substituted “a parental order has been made in that country in respect of a child”;

• (iii) the words “or the Adopted Children Register” were omitted; and

• (iv) for ““Adopted” or “Readopted” as the case may require” there were substituted “Re-registered”; and

• (b) in paragraph (2)—

• (i) for “so marked” there were substituted “marked in accordance with paragraph (1) (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; and

• (ii) for “, that an appeal against the order has been allowed or that the order has been revoked” there were substituted “or that an appeal against the order has been allowed”.

20

• (1) Article 54³⁵(1), (2), (3), (4) and (5) (disclosure of birth records of adopted children) has effect as if—

• (a) in paragraph (1)—

• (i) after “this Article” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; and

• (ii) for “an adopted person” there were substituted “a person who is the subject of a parental order”;

• (b) in paragraph (2) for “an adopted person under the age of 18 years” there were substituted “a person who is the subject of a parental order and who is under the age of 18 years”;

• (c) in paragraph (3)—

• (i) for the word “adoption” in each place it appears there were substituted “parental order”; and

• (ii) sub-paragraph (e) were omitted;

• (d) in paragraph (4)—

• (i) for “an adopted person” there were substituted “a person who is the subject of a parental order”;

• (ii) in sub-paragraph (a)(i) after “paragraph (1)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; and

• (iii) in sub-paragraph (a)(ii) for “section 51 of the Adoption Act 1976” there were substituted “section 79 of the Adoption and Children Act 2002 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”; and

• (e) in paragraph (5)—

• (i) in sub-paragraph (a) the word “and” at the end were omitted; and

• (ii) sub-paragraph (b) were omitted.

21

Article 62 (evidence of agreement and consent) has effect as if—

• (a) the word “adoption”, in each place it appears, were omitted; and

• (b) in paragraph (1), for “this Order” there were substituted “section 54 or section 54A of the 2008 Act (as the case may be)”.

22

Article 63 ³⁶(1) and (2) (evidence of adoptions, etc.) has effect as if—

• (a) in paragraph (1)—

• (i) for “Adopted Children Register” there were substituted “Parental Order Register”;

• (ii) in sub-paragraph (a) for “adoption” there were substituted “parental order”; and

• (iii) in sub-paragraph (b) for “adopted person” there were substituted “person who is the subject of the parental order”; and

• (b) in paragraph (2) for “section 50(2) of the Adoption Act 1976 or section 56 of the Adoption and Children (Scotland) Act 2007” there were substituted—

section 77(4) or (5) of the Adoption and Children Act 2002 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations) or section 56 of the Adoption and Children (Scotland) Act 2007 (as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations)

23

Article 64 (3)³⁷(removal of proceedings and appeals) has effect as if for from “Subject to paragraph (2)” to “under this Order” there were substituted—

Without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order³⁸ 1980 any person aggrieved with a decision of a county court on an application made to it for a parental order or on an application made to it under Article 30 (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)

24

Article 65 (proceedings to be in private) has effect as if for “under Part III, Article 30 and Article 57” there were substituted “pursuant to section 54 or section 54A of the 2008 Act”.

25

Article 66 ³⁹ (guardians ad litem) has effect as if—

• (a) in paragraph (1) for “an adoption order or an order freeing a child for adoption or an order under Article 20 or 57” there were substituted “a parental order”;

• (b) in paragraph (2)(a) the word “adoption” were omitted; and

• (c) after paragraph (2)(a) there were inserted—

(aa) shall be appointed from any panels of persons established by regulations made under Article 66A; and

26

Article 68 ⁴⁰ (regulations) has effect as if after “this Order” there were inserted “(as applied with modifications by regulation 4 and Schedule 3 of the Parental Order Regulations)”.

27

Schedule 2 (form of entry in Adopted Children Register) has effect as if —

• (a) for “Adopted Children Register” in the heading there were substituted “Parental Order Register”;

• (b) for “adopter or adopters” in column 5 there were substituted “persons who obtained the parental order under section 54 of the 2008 Act or the person who obtained the parental order under section 54A of that Act”; and

• (c) for “adoption order” in column 6 there were substituted “parental order”.

SCHEDULE 4 — References to adoption etc in enactments to be read as references to effect of parental order etc

Marriage Act 1949

1

In Schedule 1 to the Marriage Act 1949⁴¹ (kindred and affinity) any reference to an adoptive relationship (however expressed) is to be read as a reference to the corresponding relationships created by the grant of a parental order and which arise by virtue of the enactments applied with modifications by regulations 2, 3 and 4 of these Regulations.

Succession (Scotland) Act 1964

2

In section 37(1) of the Succession (Scotland) Act 1964⁴² (exclusion of certain matters from operation of Act) the reference to the Adoption and Children (Scotland) Act 2007 is to be read as including a reference to that Act, as applied with modifications made by regulation 3 of and Schedule 2 to these Regulations.

Registration of Births, Deaths and Marriages (Scotland) Act 1965

3

In section 39E(5) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965⁴³ (abbreviated extracts)—

• (a) the reference to the Adopted Children Register maintained under section 53(1) of the Adoption and Children (Scotland) Act 2007 is to be read as including a reference to the Parental Order Register maintained by the Registrar General under section 53(1) of that Act, as applied with modifications by regulation 3 of and Schedule 2 to these Regulations; and

• (b) the reference to adoption is to be read as including a reference to the effect of a parental order made under section 54 or 54A of the 2008 Act.

4

In section 43(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (recording of baptismal name or change of name or surname) the reference to the Adopted Children Register maintained by the Registrar General under section 22 of the Adoption Act 1958 is to be read as including a reference to the Parental Order Register maintained by the Registrar General under section 53(1) of the Adoption and Children (Scotland) Act 2007, as applied with modifications by regulation 3 of and Schedule 2 to these Regulations.

Births and Deaths Registration (Northern Ireland) Order 1976

5

In Article 37 of the Births and Deaths Registration (Northern Ireland) Order 1976⁴⁴ (registration or alteration of child’s name)—

• (a) the references to the Adoption (Northern Ireland) Order 1987 are to be read as including a reference to the Adoption (Northern Ireland) Order 1987, as applied with modifications by regulation 4 of and Schedule 3 to these Regulations; and

• (b) the references to the Adopted Children Registrar General under Article 50 of the Adoption (Northern Ireland) Order 1987 are to be read as including a reference to the Parental Order Register maintained by the Registrar General under Article 50 of that Order, as applied with modifications by regulation 4 of and Schedule 3 to these Regulations.

Marriage (Scotland) Act 1977

6

In Schedule 1 to the Marriage (Scotland) Act 1977⁴⁵ (degrees of relationship) any reference to an adoptive relationship (however expressed) is to be read as a reference to the corresponding relationships created by the grant of a parental order and which arise by virtue of the enactments applied with modifications by regulations 2, 3 and 4 of these Regulations.

Adoption (Scotland) Act 1978

7

• (1) In section 39 of the Adoption (Scotland) Act 1978⁴⁶ (status conferred by adoption)—

• (a) a reference to an adoption order in each place it occurs is to be read as including a reference to a parental order made under section 54 or section 54A of the 2008 Act; and

• (b) a reference to an adopter is to be read as including a reference to any of the persons, or the person, who obtained a parental order in respect of the child.

• (2) In subsection (2) the reference to a child who has been adopted by one of his natural parents is to be read as including a reference to a child who is the subject of a parental order granted to one of that child’s natural parents.

8

In section 41(1) of the Adoption (Scotland) Act 1978⁴⁷ (miscellaneous enactments)—

• (a) the reference to an adoption order is to be read as including a reference to a parental order made under section 54 or section 54A of the 2008 Act; and

• (b) the reference to the adopter is to be read as including a reference to any of the persons, or the person, who obtained the parental order in respect of the child.

9

In section 44 of the Adoption (Scotland) Act 1978 (effect of s. 39 on succession and inter vivos deed)—

• (a) the reference to adoption is to be read as including a reference to a parental order made under section 54 or section 54A of the 2008 Act; and

• (b) the reference to adopted persons is to be read as including a reference to persons who were the subjects of parental orders.

British Nationality Act 1981

10

In section 1 of the British Nationality Act 1981⁴⁸ (acquisition by birth or adoption)—

• (a) the reference to an order authorising the adoption of a minor who is not a British citizen in subsection (5)(a) is to be read as including a reference to a parental order made under section 54 or section 54A of the 2008 Act in respect of a minor; and

• (b) the reference to the adopter is to be read as including a reference to the person who obtained the parental order under section 54A of the Human Fertilisation and Embryology Act 2008 and the reference, in relation to the case of a joint adoption, to one of the adopters as including a reference to one of the persons who obtained the parental order under section 54 of the 2008 Act.

Senior Courts Act 1981

11

In paragraph 3 of Schedule 1 to the Senior Courts Act 1981⁴⁹ (Distribution of Business in High Court: Family Division) the reference to all causes and matters relating to adoption is to be read as including a reference to proceedings under the provisions of the Adoption and Children Act 2002 applied with modifications by regulation 2 of and Schedule 1 to these Regulations.

Foster Children (Scotland) Act 1984

12

In section 2(5)(a) of the Foster Children (Scotland) Act 1984⁵⁰ (exceptions to section 1) the reference to a child placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of a person or persons who propose to apply for a parental order under section 54 or section 54A of the 2008 Act in respect of that child.

Child Abduction and Custody Act 1985

13

In paragraph 5(vii) of Part 2 of Schedule 3 to the Child Abduction and Custody Act 1985⁵¹ (custody orders: Scotland) the reference to an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007) is to be read as including a reference to a parental order under section 54 or section 54A of the 2008 Act.

Family Law Act 1986

14

In section 1(1)(b)(x) of the Family Law Act 1986⁵² (child custody) the reference to an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007) is to be read as including a reference to a parental order under section 54 or section 54A of the 2008 Act.

Children Act 1989

15

In paragraph 5 of Schedule 8 to the Children Act 1989⁵³ (privately fostered children: exemptions) the reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of a person or persons who propose to apply for a parental order under section 54 or section 54A of the 2008 Act in respect of that child.

Human Fertilisation and Embryology Act 1990

16

In Sections 27(2) (meaning of mother) and 28(5)(c) (meaning of father) of the Human Fertilisation and Embryology Act 1990⁵⁴ any reference to adoption is to be read as including a reference to the effect of a parental order under section 54 or section 54A of the 2008 Act.

Judicial Pensions and Retirement Act 1993

17

In section 6 of the Judicial Pensions and Retirement Act 1993⁵⁵ (grant and payment of a children’s pension)—

• (a) the references in subsections (2)(c) and (d), (5) and (7)(b) and (c) to children adopted by a person are to be read as including children in respect of whom a parental order has been obtained by that person; and

• (b) the reference in subsection (5) to the deceased’s intention of adopting the child is to be read as including a reference to the deceased’s intention of applying for a parental order in respect of the child.

Civil Evidence (Family Mediation) (Scotland) Act 1995

18

Section 2(1)(d)(iii) of the Civil Evidence (Family Mediation) (Scotland) Act 1995⁵⁶ (exceptions to the general rule of inadmissibility) the reference to an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007) is to be read as including a reference to a parental order under section 54 or section 54A of the 2008 Act.

Children (Northern Ireland) Order 1995

19

In paragraph (7)(a) of Article 107 of the Children (Northern Ireland) Order 1995⁵⁷ (privately fostered children further defined) the reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of the person or persons who propose to apply for a parental order under section 54 or section 54A of the 2008 Act in respect of that child.

Sexual Offences Act 2003

20

In sections 64 and 65 of the Sexual Offences Act 2003⁵⁸ (sex with an adult relative: penetration) references to an adoptive relationship (however expressed) is to be read as a reference to the corresponding relationships created by the grant of a parental order and which arise by virtue of the enactments applied with modifications by regulations 2, 3 and 4 of these Regulations.

Civil Partnership Act 2004

21

Schedule 1 (prohibited degrees of relationship: England and Wales) is to be read as if any reference to an adoptive relationship (however expressed) is to be read as a reference to the corresponding relationships created by the grant of a parental order and which arise by virtue of the enactments applied with modifications by regulations 2, 3 and 4 of these Regulations.

Modification of the Local Electoral Administration and Registration Services (Scotland) Act 2006

22

• (1) In section 58(2)(k) of the Local Electoral Administration and Registration Services (Scotland) Act 2006⁵⁹ (issuing of other material kept or held by Registrar General) references to the Adopted Children Register and to any register or book are to be read as including references to the Parental Order Register maintained by the Registrar General under section 53(1) of the 2007 Act and to any register or book maintained in pursuance of section 55(1) of that Act, both as applied with modifications by regulation 3 of and Schedule 2 to these Regulations.

Human Fertilisation and Embryology Act 2008

23

In sections 33(2) (meaning of mother) and 38(4) (further provision relating to sections 35 and 36) of the 2008 Act references to adoption are to be read as including a reference to the effect of a parental order under section 54 or 54A of that Act.

Signed

Signed by the authority of the Secretary of State for Health and Social Care.

Jackie Doyle-Price — Parliamentary Under-Secretary of State, — Department for Health and Social Care — 20th December 2018

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made as a consequence of the introduction of section 54A to the Human Fertilisation and Embryology Act 2008 (“the 2008 Act”), by the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S. I. 2018/000). Section 54A makes provision for parental orders to be granted under that Act to one applicant only.

Regulation 1 provides that in any provision which is applied with modifications by regulations 2, 3, 4 or 5 of the Regulations “parental order” means an order which is sought under section 54, or 54A of the 2008 Act.

Regulation 2 and Schedule 1 applies with modifications in relation to parental orders certain provisions of the Adoption and Children Act 2002 relating to adoption orders.

Regulation 3 and Schedule 2 make similar modifications in relation to the Adoption and Children (Scotland) Act 2007, and regulation 4 and Schedule 3 make similar modifications in relation to the Adoption (Northern Ireland) Order 1987.

Regulation 4 makes modifications to other legislation as a consequence of the modifications made by these Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

Editorial notes