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CHAPTER VI |
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ADOPTIONS WITH A FOREIGN ELEMENT |
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Intercountry adoption |
| Modification of section 51 for Convention adoptions. |
68. - (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 51(2) does not apply, or does not apply to any extent specified in the direction.
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(2) The conditions are-
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(a) that under the law of the country in which the adoption was effected, the adoption is not a full adoption, |
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(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), |
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(c) that it would be more favourable to the adopted child for a direction to be given under subsection (1). |
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(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.
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(4) In relation to a direction under this section and an application for it, sections 59 and 60 of the Family Law Act 1986 (declarations under Part III 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.
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| Overseas adoptions. |
69. - (1) In this Act, "overseas adoption" means an adoption of a description specified by an order made by the Secretary of State.
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(2) The description must be a description of adoptions which-
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(a) appear to the Secretary of State to be effected under the law of any country or territory outside the British Islands, and |
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(b) are not Convention adoptions. |
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(3) An order under this section may contain provision as to the manner in which evidence of an overseas adoption may be given.
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Children coming into and out of the United Kingdom |
| Restriction on bringing children into the United Kingdom for adoption. |
70. - (1) If-
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(a) a person who is habitually resident in the British Islands brings a child into the United Kingdom for the purpose of adoption who is habitually resident outside the British Islands, and |
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(b) any prescribed requirements are not met before that time, or within any prescribed period beginning with that time, |
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he is guilty of an offence.
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(2) Subsection (1) does not apply where the child is brought into the United Kingdom for the purpose of adoption by a parent, guardian or relative.
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(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
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(4) In this section, "prescribed" means prescribed by regulations made by the Secretary of State.
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| Transfer of parental responsibility prior to adoption abroad. |
71. - (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.
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(2) An order under this section may not transfer 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.
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(3) An order under this section may not be made unless any requirements prescribed by regulations are satisfied.
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(4) An application for an order under this section may not be made unless at all times during the preceding 10 weeks the child's home was with the applicant or, in the case of an application by a married couple, both of them.
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(5) Section 38(2) to (4) has effect in relation to an order under this section as it has effect in relation to adoption orders.
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(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.
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(7) In this section, "regulations" means regulations made by the Secretary of State.
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| Restriction on taking children out of the United Kingdom for adoption. |
72. - (1) A person must not remove a child who is a Commonwealth citizen from the United Kingdom to a place outside the British Islands for the purpose of adoption unless the proposed adopters-
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(a) are the parents, guardians or relatives of the child, or |
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(b) have parental responsibility for the child by virtue of an order under section 71, |
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or the child is removed under the authority of an order under section 49 of the Adoption (Scotland) Act 1978 or Article 57 of the Adoption (Northern Ireland) Order 1987.
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(2) A person who removes a child in contravention of subsection (1), or makes any arrangements for doing so, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
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(3) A person is to be treated for the purposes of this section as making arrangements for removing a child in contravention of subsection (1) if he-
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(a) enters into or makes any agreement or arrangement for, or for facilitating, such a removal of the child, |
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(b) initiates or takes part in any negotiations of which the purpose or effect is the conclusion of such an agreement or the making of such an arrangement as is mentioned in paragraph (a), or |
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(c) causes another person to do any of the acts referred to in the preceding paragraphs. |
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(4) In any proceedings under this section-
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(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 |
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(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. |
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Validity etc. of Convention and overseas orders |
| Annulment etc of overseas or Convention adoptions. |
73. - (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.
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(2) The High Court may, on an application under this subsection-
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(a) by order provide for an overseas adoption or a determination under section 75 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 |
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(b) decide the extent, if any, to which a determination under section 75 has been affected by a subsequent determination under that section. |
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(3) The High Court may, in any proceedings in that court, decide that an overseas adoption or a determination under section 75 is to be treated, for the purposes of those proceedings, as invalid on either of the grounds mentioned in subsection (2)(a).
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(4) Subject to the preceding provisions, the validity of a Convention adoption, Convention adoption order or overseas adoption or a determination under section 75 cannot be called in question in proceedings in any court in England and Wales.
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| Section 73: supplementary. |
74. - (1) Any application for an order under section 73 or a decision under subsection (2)(b) or (3) of that section must be made in the prescribed manner and within any prescribed period.
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(2) No application may be made under section 73(1) in respect of an adoption unless immediately before the application is made-
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(a) the person adopted, or |
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(b) the adopter or (in the case of a married couple) both of them, |
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habitually reside in England and Wales.
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(3) In deciding in pursuance of section 73 whether such an authority as is mentioned in section 75 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.
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| Overseas determinations and orders. |
75. - (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 colony has power under the law of that country or territory-
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(a) to authorise, or review the authorisation of, an adoption order made in that country or territory, or |
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(b) to give or review a decision revoking or annulling such an order or a Convention adoption. |
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(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.
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(3) Subsection (2) is subject to section 73 and to any subsequent determination having effect under that subsection.
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