Adoption (Intercountry Aspects) Bill

Adoption (Intercountry Aspects) Bill - continued	House of Lords
Intercountry adoptions - continued

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Registration of certain intercountry adoptions.

12. - (1) In subsection (1) of section 50 of the 1976 Act and section 45 of the 1978 Act (Adopted Children Register), for the words from "shall be made" to the end there shall be substituted

	" such entries as may be-
	(a) directed to be made in it by adoption orders, or
	(b) required to be made under Schedule 1 to this Act,
	and no other entries, shall be made".

(2) In paragraph 1 of Schedule 1 to the 1976 and 1978 Acts (registration of adoption orders), sub-paragraph (2) shall cease to have effect.

(3) For paragraph 3 of Schedule 1 to the 1976 Act there shall be substituted-

	"Registration of foreign adoptions
	3. - (1) If the Registrar General is satisfied, on an application under this paragraph, that he has sufficient particulars relating to a child adopted under a registrable foreign adoption to enable an entry to be made in the Adopted Children Register for the child-
	(a) he must make the entry accordingly, and
	(b) if he is also satisfied that an entry in the Registers of Births relates to the child, he must secure that the entry in those Registers is marked "Adopted" or "Re-adopted", as the case may be, followed by the name in brackets of the country in which the adoption was effected.
	(2) An entry made in the Adopted Children Register by virtue of this paragraph must be made in the specified form.
	(3) An application under this paragraph must be made, in the specified manner, by a specified person and give the specified particulars.
	(4) In this paragraph-
	"registrable foreign adoption" means a Convention or overseas adoption which satisfies specified requirements;
	"specified" means specified by regulations made by the Registrar General.";

and the same amendment shall be made to Schedule 1 to the 1978 Act (corresponding provision for Scotland) except that for "the Registrar General" (in both places) there shall be substituted "the Registrar General for Scotland", for "the Registers of Births" there shall be substituted "the register of births" and for "those Registers" there shall be substituted "that register".

(4) In paragraph 4(5)(a) of Schedule 1 to the 1976 Act and paragraph 4(4)(a) of Schedule 1 to the 1978 Act, after "that" there shall be inserted "a Convention adoption,".

Construction of certain references in 1976 and 1978 Acts.

13. After subsection (3) of section 72 of the 1976 Act and section 65 of the 1978 Act (interpretation) there shall be inserted-

	"(3A) In this Act, in relation to the proposed adoption of a child resident outside the British Islands, references to arrangements for the adoption of a child include references to arrangements for an assessment for the purpose of indicating whether a person is suitable to adopt a child or not.
	(3B) In this Act, in relation to-
	(a) an adoption proposed to be effected by a Convention adoption order; or
	(b) an adoption of a child habitually resident outside the British Islands which is proposed to be effected by an adoption order other than a Convention adoption order,
	references to a child placed with any persons by an adoption agency include references to a child who, in pursuance of arrangements made by such an agency, has been adopted by or placed with those persons under the law of a country or territory outside the British Islands."

Miscellaneous and supplemental

Restriction on bringing children into the United Kingdom for adoption.

14. The following provision shall be inserted after section 56 of the 1976 Act as section 56A and after section 50 of the 1978 Act as section 50A-

"Restriction on bringing children into the United Kingdom for adoption	. - (1) A person habitually resident in the British Islands who at any time brings into the United Kingdom for the purpose of adoption a child who is habitually resident outside those Islands shall be guilty of an offence unless such requirements as may be prescribed by regulations made by the Secretary of State are satisfied either-
	(a) before that time; or
	(b) within such period beginning with that time as may be so prescribed.
	(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.
	(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.
	(4) Proceedings for an offence under this section may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence."

Amendments and repeals.

15. - (1) The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the provisions of this Act.

(2) The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in that Schedule.

Devolution.

16. - (1) Any function of the Secretary of State under section 1 or 18(3), or section 17 or 56A of the 1976 Act, is exercisable only after consultation with the National Assembly for Wales.

(2) For the purposes of the Scotland Act 1998, any provision of this Act which extends to Scotland is to be taken to be a pre-commencement enactment within the meaning of that Act.

Savings for adoptions etc. under 1965 Convention.

17. - (1) In relation to-

(a) a 1965 Convention adoption order or an application for such an order; or

(b) a 1965 Convention adoption,

the 1976 and 1978 Acts shall have effect without the amendments made by sections 3 to 6 and 8 and Schedule 2 to this Act and the associated repeals made by Schedule 3 to this Act.

(2) In subsection (1) in its application to the 1976 or 1978 Act-

"1965 Convention adoption order" has the meaning which "Convention adoption order" has in that Act as it has effect without the amendments and repeals mentioned in that subsection;

"1965 Convention adoption" has the meaning which "regulated adoption" has in that Act as it so has effect.

Short title, interpretation, commencement and extent.

18. - (1) This Act may be cited as the Adoption (Intercountry Aspects) Act 1999.

(2) In this Act-

"the 1976 Act" means the Adoption Act 1976;

"the 1978 Act" means the Adoption (Scotland) Act 1978;

"the Convention" means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993.

(3) This Act, except this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed for different purposes.

(4) Subject to subsection (5), this Act extends to Great Britain only.

(5) Any amendment of an enactment which extends to any other part of the British Islands or any colony also extends to that part or colony.

Prepared 14 June 1999