Adoption and Children Bill

Adoption and Children Bill - continued	House of Commons
PART I, ADOPTION - continued
Information about adopted child - continued

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	CHAPTER IV
	STATUS OF ADOPTED CHILDREN
Meaning of "adoption" in Chapter IV.	50. - (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) Where the context allows, references in this Chapter to adoption include an adoption effected before as well as after the day on which this Chapter comes into force (referred to in this Chapter as "the appointed day").
Status conferred by adoption.	51. - (1) An adopted person is to be treated in law-
	(a) where the adopters are a married couple, as if the person had been born as a child of the marriage (whether or not the person was in fact born after the marriage was solemnized),
	(b) where the adoption is effected by an order made by virtue of section 43(2)(a), as if the person had been born as a child of the marriage of the adopter and the person to whom the adopter is married (whether or not the person was in fact born after the marriage was solemnized), and
	(c) in any other case, as if the person had been born to the adopter in wedlock (but not as a child of any actual marriage of the adopter).
	(2) An adopted person-
	(a) where the adoption is effected by an order made by virtue of section 43(2)(a), is to be treated in law as not being the child of any person other than the adopter and the person to whom the adopter is married, and
	(b) in any other case, is to be treated in law, subject to subsection (3), 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.
	(3) In the case of a person adopted by one of the person's natural parents as sole adoptive parent, subsection (2)(b) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.
	(4) This section has effect-
	(a) in the case of an adoption before the appointed day, from that day, and
	(b) in the case of any other adoption, from the date of the adoption.
	(5) Subject to the provisions of this Chapter and Schedule 3, 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 appointed day, or after the adoption, whichever is the later.
Adoptive relatives.	52. A relationship existing by virtue of section 51 may be referred to as an adoptive relationship, and-
	(a) a male adopter may be referred to as the adoptive father,
	(b) a female adopter may be referred to as the adoptive mother,
	(c) any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree;
	but this section does not prevent the term "parent", or any other term not qualified by the word "adoptive", being treated as including an adoptive relative.
Rules of interpretation for instruments concerning property.	53. - (1) Subject to any contrary indication and to Schedule 3, the rules of interpretation contained in this section apply to any instrument so far as it contains a disposition of property.
	(2) In applying section 51(1) 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".
	2. 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".
	3. As in example 1 or 2, but referring to grandchildren of A instead of children of A.
	4. 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 51(2) does not prejudice any interest vested in possession in the adopted person before the adoption, or any interest expectant (whether immediately or not) upon an interest so vested.
	(5) Where a person adopted by an order under section 50(1)(a) has a contingent interest before the adoption, section 51(2) does not prejudice the vesting of the whole or any part of that interest (or any interest expectant upon it) if the court making the order so determines and the conditions for the vesting are satisfied.
	(6) 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 51) that person is not to be treated as her child or as the child of her spouse (if any) for the purposes of the instrument.
	(7) In this section, "instrument" includes a private Act settling property, but not any other enactment.
Dispositions depending on date of birth.	54. - (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 53(2) does not affect entitlement by virtue of Part III of the Family Law Reform Act 1987 (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;
	and in all those cases the daughter's child remains the eldest grandchild of the testator throughout.
Property devolving with peerages etc.	55. - (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.

Prepared 15 March 2001