The Adoption Support Services (Adoption Support Agencies) (Wales) Regulations 2026

Made: 23 January 2026

Coming into force: 1 April 2026

The Welsh Ministers, in exercise of the powers conferred by sections 2(6)(b), 140(7), and 142(4) and (5)(a) of the Adoption and Children Act 2002[^f00001], make the following Regulations.

Title and coming into force

1

The title of these Regulations is the Adoption Support Services (Adoption Support Agencies) (Wales) Regulations 2026 and they come into force on 1 April 2026.

Interpretation

2

In these Regulations—

• “the 2002 Act” (“Deddf 2002”) means the Adoption and Children Act 2002;

• “adoptive child” (“plentyn mabwysiadol”) means a child who is an agency adoptive child or a non-agency adoptive child;

• “adoptive parent” (“rhiant mabwysiadol”) means a person— who an adoption agency has decided in accordance with regulation 34(1) of the Adoption Agencies (Wales) Regulations 2005[^f00002] is a suitable prospective adopter for a particular child, with whom an adoption agency has placed a child for adoption, who has given notice under section 44 of the 2002 Act of their intention to apply for an adoption order for a child, who has adopted a child, or who has adopted a child who has subsequently attained the age of 18, but does not include a person who is a step-parent or birth parent of the child or was the step-parent of the child before they adopted the child;

• “agency adoptive child” (“plentyn mabwysiadol drwy asiantaeth”) means a child— an adoption agency has decided, in accordance with regulation 19(1) of the Adoption Agencies (Wales) Regulations 2005, should be placed for adoption, who has been placed for adoption by an adoption agency, or who has been adopted after having been placed for adoption by an adoption agency;

• “birth parent” (“rhiant geni”) has the same meaning as natural parent in the context of the 2002 Act;

• “guardian” (“gwarcheidwad”) has the meaning given by section 144(1) of the 2002 Act;

• “non-agency adoptive child” (“plentyn mabwysiadol heb fod drwy asiantaeth”) means a child— in respect of whom a person, who is not the birth parent or step-parent of the child, has given notice under section 44 of the 2002 Act of their intention to apply for an adoption order, or who has been adopted by a person who— is not the birth parent of the child, and was not the step-parent of the child before they adopted the child, but does not include an agency adoptive child;

• “related person” (“person perthynol”) means a person— within the meaning of relative in section 144(1) of the 2002 Act, or with whom the adoptive child has a relationship which appears to the local authority to be beneficial to the welfare of the child having regard to the matters referred to in sub-paragraphs (i) to (iii) of section 1(4)(f) of the 2002 Act.

Adoption support services

3

• (1) For the purposes of section 8(1) of the 2002 Act[^f00003], the following services (in addition to other services prescribed for the purposes of section 2(6) of the 2002 Act[^f00004]) are prescribed as adoption support services—

• (a) assistance to adoptive parents, adoptive children, former guardians and related persons in relation to arrangements for contact between an adoptive child and a birth parent, former guardian or a related person of the adoptive child;

• (b) services that may be provided in relation to the therapeutic needs of a child in relation to the child’s adoption;

• (c) assistance for the purpose of ensuring the continuance of the relationship between a child and the child’s adoptive parent, including—

• (i) training for the adoptive parent for the purpose of meeting any special needs of the child arising from that adoption, and

• (ii) subject to paragraph (2), respite care;

• (d) assistance where disruption in an adoption placement has occurred or is in danger of occurring, including—

• (i) mediation, and

• (ii) organising and running meetings to discuss disruptions in adoption placements;

• (e) assistance to adopted persons who have attained the age of 18 in obtaining information in respect of their adoption or facilitating contact between such persons and their relatives;

• (f) assistance to relatives of adopted persons who have attained the age of 18 in obtaining information in respect of that adoption or facilitating contact between such persons and the adopted person;

• (g) services to enable groups of adoptive children, adoptive parents and birth parents or former guardians of an adoptive child to discuss matters relating to adoption.

• (2) For the purposes of paragraph (1)(c)(ii), respite care consisting of the provision of accommodation must be accommodation provided by or on behalf of a local authority under section 81 of the Social Services and Well-being (Wales) Act 2014[^f00005] or by a voluntary organisation under section 59 of the Children Act 1989[^f00006].

• (3) For the purposes of paragraph (1)(d), “disruption in an adoption placement” refers to the disruption of adoption arrangements at any point from and including when a child is introduced to prospective adopters, through the period of placement and beyond the making of an adoption order.

• (4) For the purposes of paragraph (1)(e) and (f), “relative” means any person who but for their adoption would be related to the adopted person by blood, including half blood, marriage or civil partnership.

Revocation

4

The Adoption Support Services (Wales) Regulations 2019[^f00007] are revoked.

Consequential amendments

5

• (1) The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019[^f00008] are amended as follows.

• (2) In regulation 2(1), in the following definitions, for “the Adoption Support Services (Wales) Regulations 2019” substitute “the Adoption Support Services (Adoption Support Agencies) (Wales) Regulations 2026[^f00009]”—

• (a) “adoption support services”;

• (b) “adoptive child”;

• (c) “adoptive parent”;

• (d) “related person”.

Signed

Dawn Bowden — Minister for Children and Social Care, under the authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers — 23 January 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made by the Welsh Ministers under powers conferred by sections 2(6)(b), 140(7), and 142(4) and (5)(a) of the Adoption and Children Act 2002 (“the 2002 Act”). They revoke and replace the Adoption Support Services (Wales) Regulations 2019 (“the 2019 Regulations”).

Section 8(1) of the 2002 Act defines an “adoption support agency” as an undertaking the purpose of which, or one of the purposes of which, is the provision of adoption support services.

Adoption support services are defined by section 2(6) of the 2002 Act as counselling, advice and information, and any other services prescribed by regulations, in relation to adoption.

Regulation 3 of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 prescribes particular services as adoption support services for the purposes of section 2(6)(b) of the 2002 Act.

Regulation 3(4) of the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 2005 provides that an intermediary service is an adoption support service for the purposes of section 2(6) of the 2002 Act.

Regulation 3 of these Regulations prescribe adoption support services in addition to those already prescribed for the purposes of section 2(6) of the 2002 Act. Adoption support agencies must be registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide prescribed adoption support services.

Regulation 4 revokes the 2019 Regulations. Regulation 5 introduces consequential amendments.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Health, Social Care and Early Years, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Footnotes

[^f00001]: 2002 c. 38(“the 2002 Act”). See the definitions of “appropriate Minister”, “the Assembly” and “regulations” in section 144(1). The powers conferred on the National Assembly for Wales to make regulations under the 2002 Act transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

[^f00002]: S.I. 2005/1313 (W. 95), to which there are amendments but none are relevant.

[^f00003]: An undertaking that constitutes an adoption support agency within the meaning of section 8 of the 2002 Act is required to register as an “adoption service” under paragraph 4(b) of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

[^f00004]: See the services prescribed in regulation 3 of S.I. 2005/1512 (W. 116) and regulation 3(4) of S.I. 2005/2701 (W. 190).

[^f00005]: 2014 anaw 4.

[^f00006]: 1989 c. 41.

[^f00007]: S.I. 2019/286 (W. 66). Section 34(2) of the Legislation (Wales) Act 2019 (anaw 4) has effect, so that any right, privilege, obligation or liability acquired or accrued under the Adoption Support Services (Wales) Regulations 2019 may be continued or enforced as if the revocation had not occurred.

[^f00008]: S.I. 2019/762 (W. 145), to which there are amendments not relevant to these Regulations.

[^f00009]: W.S.I. 2026/12.