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Family Law

The leading authority on all aspects of family law

01 OCT 2009

The Adoptions with a Foreign Element (Amendment) Regulations 2009

THURS 01/10/2009 - These Regulations amend the Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392, "the FERs") and make provision regarding adoptions under the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at The Hague on 29 May 1993 ("the Convention"), where the United Kingdom is the receiving State.

Regulation 2(2) amends the procedure following receipt of information under Article 16 of the Convention from the Central Authority of the State of origin of the child. The effect of the amendment is to remove a requirement in regulation 19 of the FERs for the prospective adopter to have visited the child in the State of origin and a requirement to confirm various matters in writing to the adoption agency; in practice, this means that the relevant Central Authority may issue at an earlier stage of the process than at present its agreement for the purposes of Article 17(c) of the Convention that the adoption may proceed. Regulation 2(3) makes a consequential amendment to regulation 20 of the FERs which provides for the procedure where the proposed adoption is not to proceed.

The Regulations extend to England and Wales and come into force on 23 October 2009.

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