Adoption and Children Act 2002 (c. 38)

(The document as of February, 2008)

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the Registrar General must secure that the marking is cancelled.

(5) A copy or extract of an entry in any register or other record, being an entry the marking of which is cancelled under sub-paragraph (4), is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

Registration of other 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 he must make the entry accordingly.

(2) If he is also satisfied that an entry in the registers of live-births or other records relates to the child, he must--

(a) secure that the entry is marked "Adopted", followed by the name, in brackets, of the country in which the adoption was effected, or

(b) where appropriate, secure that the overseas registers of births are so marked.

(3) An application under this paragraph must be made, in the prescribed manner, by a prescribed person and the applicant must provide the prescribed documents and other information.

(4) An entry made in the Adopted Children Register by virtue of this paragraph must be made in the prescribed form.

(5) In this Schedule "registrable foreign adoption" means an adoption which satisfies prescribed requirements and is either--

(a) adoption under a Convention adoption, or

(b) adoption under an overseas adoption.

(6) In this paragraph--

(a) "prescribed" means prescribed by regulations made by the Registrar General with the approval of the Chancellor of the Exchequer,

(b) "overseas register of births" includes--

(i) a register made under regulations made by the Secretary of State under section 41(1)(g), (h) or (i) of the British Nationality Act 1981 (c. 61),

(ii) a record kept under an Order in Council made under section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58) (other than a certified copy kept by the Registrar General).

Amendment of orders and rectification of Registers and other records

4 (1) The court by which an adoption order has been made may, on the application of the adopter or the adopted person, amend the order by the correction of any error in the particulars contained in it.

(2) The court by which an adoption order has been made may, if satisfied on the application of the adopter or the adopted person that within the period of one year beginning with the date of the order any new name--

(a) has been given to the adopted person (whether in baptism or otherwise), or

(b) has been taken by the adopted person,

either in place of or in addition to a name specified in the particulars required to be entered in the Adopted Children Register in pursuance of the order, amend the order by substituting or, as the case may be, adding that name in those particulars.

(3) The court by which an adoption order has been made may, if satisfied on the application of any person concerned that a direction for the marking of an entry in the registers of live-births, the Adopted Children Register or other records included in the order in pursuance of paragraph 1(2) or (3) was wrongly so included, revoke that direction.

(4) Where an adoption order is amended or a direction revoked under sub-paragraphs (1) to (3), the prescribed officer of the court must communicate the amendment in the prescribed manner to the Registrar General.

"Prescribed" means prescribed by rules.

(5) The Registrar General must then--

(a) amend the entry in the Adopted Children Register accordingly, or

(b) secure that the marking of the entry in the registers of live-births, the Adopted Children Register or other records is cancelled,

as the case may be.

(6) Where an adoption order is quashed or an appeal against an adoption order allowed by any court, the court must give directions to the Registrar General to secure that--

(a) any entry in the Adopted Children Register, and

(b) any marking of an entry in that Register, the registers of live-births or other records as the case may be, which was effected in pursuance of the order,

is cancelled.

(7) Where an adoption order has been amended, any certified copy of the relevant entry in the Adopted Children Register which may be issued pursuant to section 78(2)(b) must be a copy of the entry as amended, without the reproduction of--

(a) any note or marking relating to the amendment, or

(b) any matter cancelled in pursuance of it.

(8) A copy or extract of an entry in any register or other record, being an entry the marking of which has been cancelled, is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

(9) If the Registrar General is satisfied--

(a) that a registrable foreign adoption has ceased to have effect, whether on annulment or otherwise, or

(b) that any entry or mark was erroneously made in pursuance of paragraph 3 in the Adopted Children Register, the registers of live-births, the overseas registers of births or other records,

he may secure that such alterations are made in those registers or other records as he considers are required in consequence of the adoption ceasing to have effect or to correct the error.

"Overseas register of births" has the same meaning as in paragraph 3.

(10) Where an entry in such a register is amended in pursuance of sub-paragraph (9), any copy or extract of the entry is not to be treated as accurate unless it shows the entry as amended but without indicating that it has been amended.

Marking of entries on re-registration of birth on legitimation

5 (1) Without prejudice to paragraphs 2(4) and 4(5), where, after an entry in the registers of live-births or other records has been marked in accordance with paragraph 1 or 2, the birth is re-registered under section 14 of the Births and Deaths Registration Act 1953 (c. 20) (re-registration of births of legitimated persons), the entry made on the re-registration must be marked in the like manner.

(2) Without prejudice to paragraph 4(9), where an entry in the registers of live-births or other records is marked in pursuance of paragraph 3 and the birth in question is subsequently re-registered under section 14 of that Act, the entry made on re-registration must be marked in the like manner.

Cancellations in registers on legitimation

6 (1) This paragraph applies where an adoption order is revoked under section 55(1).

(2) The prescribed officer of the court must communicate the revocation in the prescribed manner to the Registrar General who must then cancel or secure the cancellation of--

(a) the entry in the Adopted Children Register relating to the adopted person, and

(b) the marking with the word "Adopted" of any entry relating to the adopted person in the registers of live-births or other records.

"Prescribed" means prescribed by rules.

(3) A copy or extract of an entry in any register or other record, being an entry the marking of which is cancelled under this paragraph, is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

Section 79(6)

SCHEDULE 2 Disclosure of birth records by Registrar General

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 his birth.

"Prescribed" means prescribed by regulations made by the Registrar General with the approval of the Chancellor of the Exchequer.

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 a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),

(b) if the applicant is in England and Wales, at the General Register Office or from any local authority or registered adoption support agency,

(c) if the applicant is in Scotland, from any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

(d) if the applicant is in Northern Ireland, from any Board.

(2) In sub-paragraph (1)(b), "registered adoption support agency" means an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14).

(3) In sub-paragraph (1)(d), "Board" means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)); but where the functions of a Board are exercisable by a Health and Social Services Trust, references in that sub-paragraph to a Board are to be read as references to the Health and Social Services Trust.

(4) 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 (1) Where an adopted person who is in England and Wales--

(a) applies for information under paragraph 1 or Article 54 of the Adoption (Northern Ireland) Order 1987, or

(b) is supplied with information under section 45 of the Adoption (Scotland) Act 1978 (c. 28),

the persons and bodies mentioned in sub-paragraph (2) must, if asked by the applicant to do so, provide counselling for the applicant.

(2) Those persons and bodies are--

(a) the Registrar General,

(b) any local authority,

(c) a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987.

4 (1) Where a person--

(a) was adopted before 12th November 1975, and

(b) applies for information under paragraph 1,

the Registrar General must not give the information to the applicant unless the applicant has attended an interview with a counsellor arranged by a person or body from whom counselling services are available as mentioned in paragraph 2.

(2) Where the Registrar General is prevented by sub-paragraph (1) from giving information to a person who is not living in the United Kingdom, the Registrar General may give the information to any body which--

(a) the Registrar General is satisfied is suitable to provide counselling to that person, and

(b) has notified the Registrar General that it is prepared to provide such counselling.

Section 139

SCHEDULE 3 Minor and consequential amendments

The Marriage Act 1949 (c. 76)

1 Section 3 of the Marriage Act 1949 (marriage of person aged under eighteen) is amended as follows.

2 In subsection (1), for "person or persons specified in subsection (1A) of this section" there is substituted "appropriate persons".

3 For subsection (1A) there is substituted--

" (1A) The appropriate persons are--

(a) if none of paragraphs (b) to (h) apply, each of the following--

(i) any parent of the child who has parental responsibility for him; and

(ii) any guardian of the child;

(b) where a special guardianship order is in force with respect to a child, each of the child's special guardians, unless any of paragraphs (c) to (g) applies;

(c) where a care order has effect with respect to the child, the local authority designated in the order, and each parent, guardian or special guardian (in so far as their parental responsibility has not been restricted under section 33(3) of the Children Act 1989), unless paragraph (e) applies;

(d) where a residence order has effect with respect to the child, the persons with whom the child lives, or is to live, as a result of the order, unless paragraph (e) applies;

(e) where an adoption agency is authorised to place the child for adoption under section 19 of the Adoption and Children Act 2002, that agency or, where a care order has effect with respect to the child, the local authority designated in the order;

(f) where a placement order is in force with respect to the child, the appropriate local authority;

(g) where a child has been placed for adoption with prospective adopters, the prospective adopters (in so far as their parental responsibility has not been restricted under section 25(4) of the Adoption and Children Act 2002), in addition to those persons specified in paragraph (e) or (f);

(h) where none of paragraphs (b) to (g) apply but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the persons with whom he lived, or was to live, as a result of the order. "

4 For subsection (1B) there is substituted--

" (1B) In this section--

"guardian of a child", "parental responsibility", "residence order", "special guardian", "special guardianship order" and "care order" have the same meaning as in the Children Act 1989;
"adoption agency", "placed for adoption", "placement order" and "local authority" have the same meaning as in the Adoption and Children Act 2002;
"appropriate local authority" means the local authority authorised by the placement order to place the child for adoption. "

5 In subsection (2), for "The last foregoing subsection" there is substituted "Subsection (1)".

The Births and Deaths Registration Act 1953 (c. 20)

6 In section 10 of the Births and Deaths Registration Act 1953 (registration of father where parents not married)--

(a) in subsection (1)(d)(i), for "a parental responsibility agreement made between them in relation to the child" there is substituted "any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child",

(b) in subsection (1)(d)(ii), for "the Children Act 1989" there is substituted "that Act",

7 In section 10A of the Births and Deaths Registration Act 1953 (re-registration of father where parents not married)--

(b) in subsection (1)(d)(ii), for "the Children Act 1989" there is substituted "that Act".

The Sexual Offences Act 1956 (c. 69)

8 In section 28 of the Sexual Offences Act 1956 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen), in subsection (4), the "or" at the end of paragraph (a) is omitted, and after that paragraph there is inserted--

" (aa) a special guardianship order under that Act is in force with respect to her and he is not her special guardian; or " .

The Health Services and Public Health Act 1968 (c. 46)

9 The Health Services and Public Health Act 1968 is amended as follows.

10 In section 64 (financial assistance by the Secretary of State to certain voluntary organisations), in subsection (3)(a)(xviii), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2002".

11 In section 65 (financial and other assistance by local authorities to certain voluntary organisations), in subsection (3)(b), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2002".

The Local Authority Social Services Act 1970 (c. 42)

12 The Local Authority Social Services Act 1970 is amended as follows.

13 In section 7D (default powers of Secretary of State as respects social services functions of local authorities), in subsection (1), after "the Children Act 1989" there is inserted "section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or the Adoption and Children Act 2002".

14 In Schedule 1 (enactments conferring functions assigned to social services committee)--

(a) the entry relating to the Adoption Act 1976 is omitted,

(b) in the entry relating to the Children Act 1989, after "Consent to application for residence order in respect of child in care" there is inserted "Functions relating to special guardianship orders",

(i) in the first column, for "Section" there is substituted "Sections 1 and",

(ii) in the second column, for "Article 9(a) to (c) of" there is substituted "regulations made under section 1 giving effect to" and at the end there is inserted "and functions under Article 9(a) to (c) of the Convention",

and at the end of the Schedule there is inserted--

" Adoption and Children Act 2002

Maintenance of Adoption Service; functions of local authority as adoption agency. "

The Immigration Act 1971 (c. 77)

15 In section 33(1) of the Immigration Act 1971 (interpretation)--

(a) in the definition of "Convention adoption", after "1978" there is inserted "or in the Adoption and Children Act 2002",

(b) in the definition of "legally adopted", for "section 72(2) of the Adoption Act 1976" there is substituted "section 87 of the Adoption and Children Act 2002".

The Legitimacy Act 1976 (c. 31)

16 The Legitimacy Act 1976 is amended as follows.

17 In section 4 (legitimation of adopted child)--

(a) in subsection (1), after "1976" there is inserted "or section 67 of the Adoption and Children Act 2002",

(b) in subsection (2)--

(i) in paragraph (a), after "39" there is inserted "or subsection (3)(b) of the said section 67",

(ii) in paragraph (b), after "1976" there is inserted "or section 67, 68 or 69 of the Adoption and Children Act 2002".

18 In section 6 (dispositions depending on date of birth), at the end of subsection (2) there is inserted "or section 69(2) of the Adoption and Children Act 2002".

The Adoption Act 1976 (c. 36)

19 In section 38 of the Adoption Act 1976 (meaning of "adoption" in Part 4), in subsection (2), after "1975" there is inserted "but does not include an adoption of a kind mentioned in paragraphs (c) to (e) of subsection (1) effected on or after the day which is the appointed day for the purposes of Chapter 4 of Part 1 of the Adoption and Children Act 2002".

The National Health Service Act 1977 (c. 49)

20 In section 124A(3) of the National Health Service Act 1977 (information provided by the Registrar General to the Secretary of State), the "or" at the end of paragraph (a) is omitted and after that paragraph there is inserted--

" (aa) entered in the Adopted Children Register maintained by the Registrar General under the Adoption and Children Act 2002; or " .

The Adoption (Scotland) Act 1978 (c. 28)

21 The Adoption (Scotland) Act 1978 is amended as follows.

22 In section 11 (restriction on arranging adoptions and placing of children)--

(a) in subsection (2)--

(i) for paragraph (a) there is substituted--

" (a) a registered adoption society (within the meaning of section 2(2) of the Adoption and Children Act 2002) " ; and

(ii) for "section 1" there is substituted "section 3(1)", and

(b) after subsection (2) there is inserted--

" (2A) In relation to the provision of any particular service by an adoption society, the reference in subsection (2)(a) to a registered adoption society does not include a voluntary organisation unless it is registered under Part 2 of the Care Standards Act 2000 in respect of that service or a service which, in England, corresponds to that service. "

23 In section 16 (parental agreement to adoption order)--

(a) in subsection (1), after paragraph (a) there is inserted--

" (aa) each parent or guardian of the child has consented under section 20 of the Adoption and Children Act 2002 (advance consent to adoption), has not withdrawn the consent and does not oppose the making of the adoption order;

(ab) subsection (3A) applies and no parent or guardian of the child opposes the making of the adoption order " , and

(b) after subsection (3) there is inserted--

" (3A) This subsection applies where--

(a) the child has been placed for adoption by an adoption agency (within the meaning of section 2(1) of the Adoption and Children Act 2002) with the prospective adopters in whose favour the adoption order is proposed to be made; and

(b) the child was placed for adoption--

(i) under section 19 of that Act (placing children with parental consent) with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old; or

(ii) under an order made under section 21 of that Act (placement orders) and the child was at least six weeks old when that order was made.

(3B) A parent or guardian may not oppose the making of an adoption order under subsection (1)(aa) or (ab) without the leave of the court.

(3C) The court shall not give leave under subsection (3B) unless satisfied that there has been a change of circumstances since the consent of the parent or guardian was given or, as the case may be, the order under section 21 of that Act was made.

(3D) The withdrawal of--

(a) any consent to the placement of a child for adoption--

(i) under section 19; or

(ii) under an order made under section 21,

of the Adoption and Children Act 2002; or

(b) any consent given under section 20 of that Act,

is ineffective if it is given after an application for an adoption order is made. "

24 In section 29 (return of children taken away in breach of section 27 or 28)--

(a) in subsection (1), for "section 27 or 28 of the Adoption Act 1976" there is substituted "section 30, 34, 35 or 36 of the Adoption and Children Act 2002", and

(b) in subsection (2), for "section 27 or 28 of the Adoption Act 1976", in both places where those words occur, there is substituted "section 30, 34, 35 or 36 of the Adoption and Children Act 2002".

25 In section 45 (Adopted Children Register)--

(a) in subsection (6)(d), for sub-paragraph (ii) there is substituted--

" (ii) registered under Part II of the Care Standards Act 2000; " ;

(b) in subsection (6A)(b), for sub-paragraph (i) there is substituted--

" (i) Schedule 2 to the Adoption and Children Act 2002; " .

26 In section 47 (annulment etc. of overseas adoptions), in subsection (4), for "section 53 of the Adoption Act 1976" there is substituted "section 89(2) of the Adoption and Children Act 2002".

27 In section 50 (restriction on removal of children for adoption outside Great Britain), in subsection (1), for "section 55 of the Adoption Act 1976" there is substituted "section 84 of the Adoption and Children Act 2002".

28 Section 52 (restriction on advertisements) is omitted.

29 In section 53 (effect of determination and orders made in England and Wales and overseas in adoption proceedings), in subsection (2), the words "England and Wales or" are omitted.

30 After section 53 there is inserted--

" 53A Effect of certain orders made in England and Wales

(1) An adoption order (within the meaning of section 46(1) of the Adoption and Children Act 2002) has effect in Scotland as it has in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.

(2) An order made under section 21 of that Act (placement orders), and the variation or revocation of such an order under section 23 or 24 of that Act, have effect in Scotland as they have in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.

53B Effect of placing for adoption etc. under Adoption and Children Act 2002

(1) If--

(a) a child is placed for adoption under section 19 of the Adoption and Children Act 2002 (placing children with parental consent); or

(b) an adoption agency is authorised to place a child for adoption under that section,

sections 25 (parental responsibility) and 28(2) to (4) (further consequences of placement) of that Act have effect in Scotland as they have in England and Wales but with the modifications specified in subsection (2).

(2) Those modifications are--

(a) in section 25, any reference to the parental responsibility for the child is to be read as a reference to the parental responsibilities and parental rights in relation to the child; and

(b) in section 28(2), the reference to the court is to be read as a reference to the authorised court.

53C Further consequences of placement and placement orders

(1) Subsection (2) applies where--

(a) a child is placed for adoption under section 19 of the Adoption and Children Act 2002 (placing children with parental consent); or

(b) an adoption agency is authorised to place the child for adoption under that section.

(2) No order under subsection (1) of section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.) of a kind referred to in subsection (2)(c) (residence orders) of that section may be made in respect of the child.

(3) On the making of an order under section 21 of the Adoption and Children Act 2002 (a "placement order") in respect of a child, any order under subsection (1) of section 11 of the Children (Scotland) Act 1995 of a kind referred to in subsection (2)(c) to (f) (residence orders, contact orders, specific issue orders and interdicts in relation to parental responsibilities) of that section in respect of the child ceases to have effect.

(4) Where a placement order is in force--

(a) no such order as is referred to in subsection (3) of this section; and

(b) no order under section 55 of the Children (Scotland) Act 1995 (child assessment orders),

may be made in respect of the child. "

31 In section 54 (evidence of adoption in England, Wales and Northern Ireland), in paragraph (a), for "section 50(2) of the Adoption Act 1976" there is substituted "section 77(4) and (5) of the Adoption and Children Act 2002".

32 In section 56 (authorised courts), in subsection (3), for "Great Britain" there is substituted "Scotland".

33 In section 59 (rules of procedure)--

(a) in subsection (2)--

(i) for the words from "in relation to" to "adoption", where it secondly occurs, there is substituted "(except where an order has been made freeing the child for adoption)"; and

(ii) for the words from "every" to "Act" there is substituted "any person mentioned in subsection (2A)"; and

(b) after subsection (2) there is inserted--

" (2A) The persons referred to in subsection (2) are--

(a) every person who can be found and whose agreement or consent to the making of the order is required to be given or dispensed with under this Act or, if no such person can be found, any relative prescribed by rules who can be found;

(b) every person who has consented to the making of the order under section 20 of the Adoption and Children Act 2002 (and has not withdrawn the consent) unless he has given a notice under subsection (4)(a) of that section which has effect;

34 In section 60 (orders, rules and regulations), after subsection (3) there is inserted--

" (3A) An order under section 65(2) shall be subject to annulment in pursuance of a resolution of the Scottish Parliament. "

35 In section 65 (interpretation), in subsection (1)--

(a) in the definition of "adoption agency", for "section 1 of the Adoption Act 1976" there is substituted "section 2(1) of the Adoption and Children Act 2002",

(b) in the definition of "adoption order"--

(i) in paragraph (b), for "section 12 of the Adoption Act 1976" there is substituted "section 46 of the Adoption and Children Act 2002",

(ii) in paragraph (c), for "section 55 of the Adoption Act 1976" there is substituted "section 84 of the Adoption and Children Act 2002", and

(c) in the definition of "order freeing a child for adoption", paragraph (a) and the word "and" immediately following that paragraph are omitted.

The Magistrates' Courts Act 1980 (c. 43)

36 The Magistrates' Courts Act 1980 is amended as follows.

37 In section 65 (meaning of family proceedings), in subsection (1), for paragraph (h) there is substituted--

" (h) the Adoption and Children Act 2002; " .

38 In section 69 (sitting of magistrates' courts for family proceedings), in subsections (2) and (3), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2002".

39 In section 71 (newspaper reports of family proceedings)--

(a) in subsection (1), "(other than proceedings under the Adoption Act 1976)" is omitted,

(b) in subsection (2)--

(i) for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2002",

(ii) the words following "(a) and (b)" are omitted.

40 In Part 1 of Schedule 6 (fees to be taken by justices' chief executives), in the entry relating to family proceedings--

(a) for "the Adoption Act 1976, except under section 21 of that Act", there is substituted "the Adoption and Children Act 2002, except under section 23 of that Act",

(b) in paragraph (c), for "section 21 of the Adoption Act 1976" there is substituted "section 23 of the Adoption and Children Act 2002".

The Mental Health Act 1983 (c. 20)

41 In section 28 of the Mental Health Act 1983 (nearest relative of minor under guardianship, etc.), in subsection (3), after ""guardian"" there is inserted "includes a special guardian (within the meaning of the Children Act 1989), but".

The Child Abduction Act 1984 (c. 37)

42 (1) Section 1 of the Child Abduction Act 1984 (offence of abduction of child by parent, etc.) is amended as follows.

(2) In subsection (2), after paragraph (c) there is inserted--

" (ca) he is a special guardian of the child; or " .

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