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Introduction
PART 1
Adoption
CHAPTER 1 Introductory
1 Considerations applying to the exercise of powers
CHAPTER 2 The Adoption Service
The Adoption Service
2 Basic definitions
3 Adoption authority
4 The Adoption Service
5 Assessments etc. for adoption support services
6 Adoption support services: duty to provide information
7 Arrangements on cancellation of registration
8 Inactive or defunct adoption societies, etc.
Regulations
9 General power to regulate adoption agencies
10 Management, etc., of agencies
11 Fees
12 Independent review of qualifying determinations of adoption agencies
Supplemental
13 Information concerning adoption
14 Inspection of premises, etc.
CHAPTER 3 Placement for adoption and adoption orders
Placement of children by adoption agency for adoption
15 Placement for adoption by agencies
16 Placing children with parental consent
17 Advance consent to adoption
18 Placement orders
19 Applications for placement orders
20 Varying placement orders
21 Revoking placement orders
22 Parental responsibility
23 Contact
24 Contact: supplementary
25 Further consequences of placement
26 Further consequences of placement orders
Removal of children who are or may be placed by adoption agencies
27 General prohibitions on removal
28 Recovery by parent etc. where child not placed or is a baby
29 Recovery by parent etc. where child placed and consent withdrawn
30 Recovery by parent etc. where child placed and placement order refused
31 Placement orders: prohibition on removal
32 Return of child in other cases
Removal of children in non-agency cases
33 Restrictions on removal
34 Applications for adoption
35 Authority foster parents
36 Partners of parents
37 Other non-agency cases
Breach of restrictions on removal
38 Recovery orders
Preliminaries to adoption
39 Child to live with adopters before application
40 Reports where child placed by agency
41 Notice of intention to adopt
42 Suitability of adopters
The making of adoption orders
43 Adoption orders
44 Conditions for making adoption orders
45 Restrictions on making adoption orders
46 Applications for adoption
47 Adoption by couple
48 Adoption by one person
Post-adoption contact
49 Post-adoption contact
50 Orders under section 49: supplementary
Placement and adoption: general
51 Parental etc. consent
52 Modification of Children Order in relation to adoption
53 Disclosing information to prospective adopters
54 Revocation of adoptions on legitimation
Disclosure of information about a person’s adoption
55 Information to be kept about a person’s adoption
56 Restrictions on disclosure of protected etc. information
57 Disclosure of other information
58 Offence
59 Disclosing information to adopted adult
60 Disclosing protected information about adults
61 Disclosing protected information about children
62 Counselling
63 Other provision to be made by regulations
64 Sections 55 to 64: interpretation
CHAPTER 4 Status of adopted children
65 Meaning of adoption in Chapter 4
66 Status conferred by adoption
67 Adoptive relatives
68 Rules of interpretation for instruments concerning property
69 Dispositions depending on date of birth
70 Property devolving with peerages etc.
71 Protection of trustees and personal representatives
72 Meaning of disposition
73 Miscellaneous
74 Pensions
75 Insurance
CHAPTER 5 Registers
Adopted Children Register, etc.
76 Adopted Children Register
77 Searches and copies
78 Connections between the register and birth records
Adoption Contact Register
79 Adoption Contact Register
80 Adoption Contact Register: supplementary
81 Interpretation
CHAPTER 6 Adoptions with a foreign element
Bringing children into and out of the United Kingdom
82 Restriction on bringing children in
83 Giving parental responsibility prior to adoption abroad
84 Restriction on taking children out
85 Power to modify sections 82 and 84
Adoptions from abroad: special restrictions
86 Declaration of special restrictions on adoptions from abroad
87 Review
88 The special restrictions
89 Imposition of extra conditions in certain cases
Overseas adoptions
90 Overseas adoptions
Miscellaneous
91 Modification of section 66 for Hague Convention adoptions
92 Annulment etc. of overseas or Hague Convention adoptions
93 Section 92: supplementary
94 Overseas determinations and orders
95 Power to charge
CHAPTER 7 Miscellaneous
Restrictions
96 Restriction on arranging adoptions etc.
97 Offence of breaching restrictions under section 96
98 Restriction on reports
99 Prohibition of certain payments
100 Excepted payments
101 Sections 96 to 100: interpretation
Information
102 Pre-commencement adoptions: information
Proceedings
103 Proceedings for offences
104 Appeals
105 Privacy
Children’s court guardians
106 Children’s court guardians
107 Right of access to adoption agency records
Evidence
108 Evidence of consent
Orders made in Great Britain, etc.
109 Effect of certain Scottish orders and provisions
110 Effect of certain orders made in England and Wales
111 Use of adoption records from Great Britain, etc.
112 Channel Islands and the Isle of Man
General
113 Avoiding delay
114 Service of notices etc.
115 Jurisdiction of courts
PART 2
Children order amendments
116 Definition of family proceedings
117 Article 8 orders: authority foster parents
118 Duration of residence orders
119 Special guardianship
120 Ascertainment of children’s wishes
121 Provision of services to children in need, etc.
122 Duty of authorities to promote etc. achievement, learning and development, and to prevent disruption to education or training
123 Corporate parenting principles
124 Placement of looked after children with prospective adopters
125 Accommodation for children: requirements
126 Authority foster parents
127 Duty to ensure visits to and advice etc. for children
128 Former relevant children: continuing functions
129 Local offer for care leavers
130 Inquiries into representations
131 Review of cases of looked after children
132 Independent advocacy services
133 Definition of harm
134 Care plans
135 Contact: children in care of authority
136 Persons authorised to act as children’s court guardian
137 Renaming of guardians ad litem
138 Interests of children in proceedings
139 Definition of privately fostered child
140 Welfare of children who will be privately fostered
141 Notification of fostering: public awareness
142 Privacy for children in proceedings
143 Report on the operation of the Children Order
PART 3
Miscellaneous and supplementary
144 Northern Ireland Adoption and Children Act Register
145 Use of an organisation to establish the register
146 Use of an organisation as an agency for payments
147 Supply of information for the register
148 Disclosure of information
149 Search and inspection of the register by prospective adopters
150 Search and inspection of the register by adoption agencies
151 Supplementary
152 Time limit within which proceedings may be brought
153 Research and investigations
154 Amendments, transitional and transitory provisions, savings and repeals
155 Regulations and orders
156 Rules of court
157 Supplementary and consequential provision
158 Review
159 Interpretation
160 Commencement
161 Short title
SCHEDULES
SCHEDULE 1 Registration of adoptions
SCHEDULE 2 Disclosure of birth records by Registrar General
SCHEDULE 3 Minor and consequential amendments
SCHEDULE 4 Transitional and transitory provisions and savings
SCHEDULE 5 Repeals
SCHEDULES
SCHEDULE 2Disclosure of birth records by Registrar General
1
(1)
On an application made in the prescribed manner by an adopted person—
(a)
a record of whose birth is kept by the Registrar General; and
(b)
who has attained the age of 18 years,
the Registrar General must give the applicant any information necessary to enable the applicant to obtain a certified copy of the record of the applicant’s birth.
(2)
In sub-paragraph (1) “prescribed” means prescribed by regulations made by the Department of Finance.
2
(1)
Before giving any information to an applicant under paragraph 1, the Registrar General must inform the applicant that counselling services are available to the applicant—
(a)
from an appropriate voluntary organisation, or a registered adoption society within the meaning of section 2(2) of the Adoption and Children Act 2002 or an organisation within section 144(3)(b) of that Act;
(b)
if the applicant is in Northern Ireland, from any HSC trust;
(c)
if the applicant is in England and Wales, at the General Register Office or from any local authority or registered adoption support agency;
(d)
if the applicant is in Scotland, from any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
(2)
In sub-paragraph (1)(c), “local authority” and “registered adoption support agency” have the same meaning as in the Adoption and Children Act 2002.
(3)
If the applicant chooses to receive counselling from a person or body within sub-paragraph (1), the Registrar General must send to the person or body the information to which the applicant is entitled under paragraph 1.
3
Where an adopted person who is in Northern Ireland—
(a)
applies for information under paragraph 1;
(b)
applies for information under paragraph 1 of Schedule 2 to the Adoption and Children Act 2002; or
(c)
is supplied with information under section 55(4)(b) of the Adoption and Children (Scotland) Act 2007,
any adoption agency must, if asked by the applicant to do so, provide counselling for the applicant.