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Litigation Letter

Intercountry Adoption

The Adoption of Children from Overseas Regulations 2001 (SI No 1251) came into force on 30 April. They impose requirements with which a person who is habitually resident in the British Isles must comply before and after bringing a child who is habitually resident outside these islands into the United Kingdom for the purpose of adoption. The prospective adopter is required to undergo assessment by an adoption agency, be approved as suitable to be an adoptive parent and have received notification from the Secretary of State that he is willing to issue a certificate confirming that the prospective adopter has been assessed and that the child will be authorised to reside permanently in the British Isles if entry clearance is granted and an adoption order is made. The prospective adopter is required to notify his local authority of his intentions to apply for an adoption order, or alternatively that he does not intend to give the child a home, within 14 days after bringing the child into the UK. The regulations also specify the procedure to be followed by an adoption agency and adoption panel in relation to assessment and approval of a person wishing to adopt a child from overseas, and require the provision of certain information to the Secretary of State. These provisions apply to England only; similar provision is to be made in relation to Wales by the National Assembly for Wales.

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