Adoption Act 1984

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AT 14 of 1984

ADOPTION ACT 1984

Adoption Act 1984 Index


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ADOPTION ACT 1984

Index Section Page

PART I – ADOPTION ORDERS 7

The making of adoption orders 7

1 Adoption orders .............................................................................................................. 7
2 Child to live with adopters before order made .......................................................... 8
3 Adoption by couple ........................................................................................................ 9
4 Adoption by one person ................................................................................................ 9
5 Parental agreement ....................................................................................................... 10
6 Convention adoption orders ....................................................................................... 11
6A Regulations giving effect to Convention ................................................................... 11
6B Central Authority and accredited bodies .................................................................. 11
Supplemental 12

7 Notification to Department of adoption application ............................................... 12
8 Reports where child placed by agency ...................................................................... 12
9 Restrictions on making adoption orders ................................................................... 12
10 Interim orders ................................................................................................................ 13
11 [Repealed] ...................................................................................................................... 13
Welfare of children 13

12 Duty to promote welfare of child ............................................................................... 13
13 Religious upbringing of adopted child ...................................................................... 13
14 Adoption service ........................................................................................................... 13
15 Information concerning adoption .............................................................................. 14
16 Restriction on arranging adoptions and placing of children .................................. 15
PART II – CARE AND PROTECTION OF CHILDREN AWAITING

ADOPTION 15

Restrictions on removal of children 15

17 Restrictions on removal where adoption agreed ..................................................... 15
18 Restrictions on removal where applicant has provided home for 5 years ........... 16
19 Return of child taken away in breach of s 17 or 18 .................................................. 17
20 Return of children placed for adoption by adoption agencies ............................... 17
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21 Application of s 20 where child not placed for adoption ....................................... 18
Protected children 19

22 Meaning of “protected child” ..................................................................................... 19
23 Duty of Department to secure well-being of protected children ........................... 20
24 [Repealed] ...................................................................................................................... 20
25 Notices and information to be given to Department .............................................. 20
26 Offences relating to protected children ..................................................................... 20
27 Miscellaneous provisions relating to protected children ....................................... 21
PART III – STATUS OF ADOPTED CHILDREN 21

28 Meaning of “adoption” in Part III .............................................................................. 21
29 Status conferred by adoption ...................................................................................... 21
30 Adoptive relatives ........................................................................................................ 23
31 Rules of construction for instruments concerning property .................................. 23
32 Property devolving with peerages, etc ...................................................................... 24
33 Protection of trustees and personal representatives................................................ 24
34 Meaning of “disposition” ............................................................................................ 24
35 Miscellaneous enactments ........................................................................................... 25
36 Pensions ......................................................................................................................... 25
37 Insurance ....................................................................................................................... 25
PART IV – REGISTRATION AND REVOCATION OF ADOPTION

ORDERS AND CONVENTION ADOPTIONS 26

38 Adopted Children Register ......................................................................................... 26
39 Disclosure of birth records of adopted children ...................................................... 27
40 Revocation of adoptions on legitimation .................................................................. 28
41 Annulment, etc., of Convention adoptions .............................................................. 28
42 Provisions supplementary to s 41 .............................................................................. 29
PART V – MISCELLANEOUS AND SUPPLEMENTAL 29

43 Adoption of children abroad ...................................................................................... 29
44 Restriction on removal of children for adoption outside the Island ..................... 30
44A Restriction on bringing children into the Island for adoption ............................... 31
45 Prohibition on certain payments ................................................................................ 31
46 Restriction on advertisements .................................................................................... 32
47 Effect of determination and orders made overseas in adoption
proceedings ................................................................................................................... 32
48 Evidence of adoption in UK and Channel Islands .................................................. 33
49 Evidence of agreement and consent .......................................................................... 33
49A Declarations as to adoptions effected overseas ........................................................ 33
50 Proceedings in private ................................................................................................. 34
51 Guardians ad litem ........................................................................................................ 34
52 Rules of procedure ....................................................................................................... 34
53 Orders, rules and regulations ..................................................................................... 35
54 Offences by bodies corporate ..................................................................................... 35
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55 Service of notices, etc .................................................................................................... 35
56 [Repealed] ...................................................................................................................... 35
57 Internal law of a country ............................................................................................. 35
58 Interpretation ................................................................................................................. 36
59 Transitional provisions and amendments ................................................................. 38
60 Expenses ......................................................................................................................... 39
61 Short title and commencement ................................................................................... 39
SCHEDULE 1 41

SCHEDULE 2 41

REGISTRATION OF ADOPTIONS 41
SCHEDULE 2A 45

CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN
RESPECT OF INTERCOUNTRY ADOPTION 45
SCHEDULE 3 56

TRANSITIONAL PROVISIONS AND SAVINGS 56
SCHEDULE 4 58

CONSEQUENTIAL AMENDMENTS 58
SCHEDULE 5 58

ENDNOTES 59

TABLE OF LEGISLATION HISTORY 59
TABLE OF RENUMBERED PROVISIONS 59
TABLE OF ENDNOTE REFERENCES 59

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c i e
ADOPTION ACT 1984

Received Royal Assent: 20 June 1984
Passed: 10 July 1984
Commenced: See endnotes
AN ACT
to revise the law relating to adoption, and for connected purposes.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Fines Act 1986 and by the
Criminal Justice (Penalties, Etc.) Act 1993 s 1.
2. References to a Board of Tynwald are to be construed in accordance with the
Government Departments Act 1987 s 7.
PART I – ADOPTION ORDERS

The making of adoption orders
1 Adoption orders

[P1976/36/12; P1975/72/8]
(1) An adoption order is an order giving parental responsibility for a child to
the adopters to the exclusion of any other person having such
responsibility, made on their application by the High Court (in this Act
called “the Court”).1

(2) The order does not affect parental responsibility so far as it relates to any
period before the making of the order.2

(3) The making of an adoption order operates to extinguish —
(a) the parental responsibility for the child of any person other than
the adopters;
(b) any order under Part I or II of the Family Law Act 1991 or under
the Children and Young Persons Act 2001;3

(c) any duty arising by virtue of an agreement or the order of a court
to make payments, so far as the payments are in respect of the
Section 2 Adoption Act 1984


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child’s maintenance or upbringing for any period after the
making of the order.4

(4) Subsection (3)(c) does not apply to a duty arising by virtue of an
agreement —
(a) which constitutes a trust; or
(b) which expressly provides that the duty is not to be extinguished
by the making of an adoption order.5

(5) An adoption order may not be made in relation to a child who is or has
been married.
(5A) An adoption order may not be made in relation to a person who is or has
been a civil partner.6

(6) An adoption order may contain such terms and conditions as the Court
thinks fit.
(7) An adoption order may be made notwithstanding that the child is
already an adopted child.
2 Child to live with adopters before order made

[P1976/36/13; P1975/72/9]
(1) Where —
(a) the applicant, or one of the applicants, is a parent, step-parent or
relative of the child; or
(b) the child was placed with the applicants by an adoption agency or
in pursuance of an order of the Court,
an adoption order shall not be made unless the child is at least 19 weeks
old and at all times during the preceding 13 weeks had his home with
the applicants or one of them.
(2) Where subsection (1) does not apply, an adoption order shall not be
made unless the child is at least 12 months old and at all times during the
preceding 12 months had his home with the applicants or one of them.
(3) An adoption order shall not be made unless the Court is satisfied that
sufficient opportunities to see the child with the applicant, or, in the case
of an application by a couple, both applicants together in the home
environment have been afforded —
(a) where the child was placed with the applicant by an approved
adoption society, to that society, or
(b) in any other case, to the Department of Health and Social Care (in
this Act called “the Department”).7
8

(4) In relation to —
(a) an adoption proposed to be effected by a Convention adoption
order; or
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(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,
subsection (1) shall have effect with the substitution of “6 months” for
“13 weeks”.9

3 Adoption by couple
10

[P1976/36/14; P1975/72/10]
(1) An adoption order may be made on the application of a couple where
each has attained the age of 21 years but an adoption order shall not
otherwise be made on the application of more than one person.11

(2) An adoption order shall not be made on the application of a couple
unless —
(a) at least one of them is domiciled in the Island, a part of the United
Kingdom or the Channel Islands; or
(b) the application is for a Convention adoption order and the
requirements of regulations under section 6A are complied with.12

(3) [Repealed]13

4 Adoption by one person

(1) An adoption order may be made on the application of one person where
he has attained the age of 21 years and —
(a) is not married or a civil partner, or
(b) is married or a civil partner and the court is satisfied that —
(i) the applicant’s spouse or civil partner cannot be found; or
(ii) the spouses or civil partners have separated and are living
apart, and the separation is likely to be permanent; or
(iii) the applicant’s spouse or civil partner is by reason of ill-
health, whether physical or mental, incapable of making an
application for an adoption order.14

(2) An adoption order shall not be made on the application of one
person unless —
(a) he is domiciled in the Island, a part of the United Kingdom or the
Channel Islands; or
(b) the application is for a Convention adoption order and the
requirements of regulations under section 6A are complied with.15

(3) An adoption order shall not be made on the application of the mother or
father of the child alone unless the Court is satisfied that —
(a) the other natural parent is dead or cannot be found; or
Section 5 Adoption Act 1984


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(b) there is some other reason justifying the exclusion of the other
natural parent,
and where such an order is made the reason justifying the exclusion of
the other natural parent shall be recorded by the Court.
(4) [Repealed]16

5 Parental agreement

[P1976/36/16; P1975/72/12; ]
(1) An adoption order shall not be made unless, in the case of each parent or
guardian of the child, the Court is satisfied that —
(a) he freely, and with full understanding of what is involved, agrees
unconditionally to the making of an adoption order (whether or
not he knows the identity of the applicants); or
(b) his agreement to the making of the adoption order should be
dispensed with on a ground specified in subsection (2).
(2) The grounds mentioned in subsection (1)(b) are that the parent
or guardian —
(a) cannot be found or is incapable of giving agreement;
(b) is withholding his agreement unreasonably;
(c) has persistently failed without reasonable cause to discharge the
parental duties in relation to the child;
(d) has abandoned or neglected the child;
(e) has persistently ill-treated the child;
(f) has seriously ill-treated the child (subject to subsection (5)).
(2A) Subsection (1) does not apply if there is in force in respect of the child an
order under —
(a) section 18 of the Adoption Act 1976 (an Act of Parliament);
(b) section 18 of the Adoption (Scotland) Act 1978 (an Act of
Parliament);
(c) article 17(1) or 18(1) of the Adoption (Northern Ireland) Order
1987 [SI 1987/2203]; or
(d) section 21 of the Adoption and Children Act 2002 (an Act of
Parliament), or any corresponding provision having effect in
Scotland or Northern Ireland.17

(3) [Repealed]18

(4) Agreement is ineffective for the purposes of subsection (1)(a) if given by
the mother less than 6 weeks after the child’s birth.
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(5) Subsection (2)(f) does not apply unless (because of the ill-treatment or for
other reasons) the rehabilitation of the child within the household of the
parent or guardian is unlikely.
6 Convention adoption orders

An adoption order shall be made as a Convention adoption order if —
(a) the application is for a Convention adoption order; and
(b) such requirements as may be prescribed are complied with.19

6A Regulations giving effect to Convention

(1) Subject to the provisions of this Act, the Department may make
regulations providing for giving effect to the Convention on Protection of
Children and Co-operation in respect of Intercountry Adoption,
concluded at the Hague on 29th May 1993 [Cm 2691] (“the Convention”).
(2) Regulations under this section may —
(a) apply, with or without modifications, any provision of this Act;
and
(b) provide that any person who contravenes or fails to comply with
any provision of the regulations is to be guilty of an offence and
liable on summary conviction to custody for a term not exceeding
3 months, or a fine not exceeding £5,000, or both;
(c) make such incidental, supplementary, consequential or
transitional provision as appears to the Department to be
expedient.20

6B Central Authority and accredited bodies

(1) The functions under the Convention of the Central Authority shall be
discharged by the Department.
(2) An approved adoption society is an accredited body for the purposes of
the Convention if it is designated under section 14(2A) for the purpose of
providing facilities in respect of Convention adoptions and adoptions
effected by Convention adoption orders.
(3) The functions under Article 9(a) to (c) of the Convention shall be
discharged by the Department and by accredited bodies on behalf of the
Department.21

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Supplemental
7 Notification to Department of adoption application

[P1976/36/22; P1975/72/18]
(1) An adoption order shall not be made in respect of a child who was not
placed with the applicant by an adoption agency unless the applicant
has, at least 3 months before the date of the order, given notice to the
Department of his intention to apply for the adoption order.22

(2) On receipt of such a notice, the Department shall investigate the matter
and submit to the Court a report of their investigation.23

(3) Under subsection (2), the Department shall in particular investigate —
(a) so far as is practicable, the suitability of the applicant, and any
other matters relevant to the operation of section 12 in relation to
the application; and
(b) whether the child was placed with the applicant in contravention
of section 16.24

8 Reports where child placed by agency

[P1976/36/23; P1975/72/22(3)]
Where an application for an adoption order relates to a child placed by an
adoption agency, the agency shall submit to the Court a report on the suitability
of the applicants and any other matters relevant to the operation of section 12,
and shall assist the Court in any manner the Court may direct.
9 Restrictions on making adoption orders

[P1976/36/24; P1975/72/22(4) and (5)]
(1) The Court shall not proceed to hear an application for an adoption order
in relation to a child where a previous application for a British adoption
order made in relation to the child by the same persons was refused by
any court unless —
(a) in refusing the previous application the court in question directed
that this subsection should not apply; or
(b) it appears to the Court that because of a change in circumstances
or for any other reason it is proper to proceed with the
application.
(2) The Court shall not make an adoption order in relation to a child unless
it is satisfied that the applicants have not, as respects the child,
contravened section 45.
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10 Interim orders

[P1976/36/25; P1975/72/19]
(1) Where on an application for an adoption order the requirements of
section 5(l) and 7(2) are complied with, the Court may postpone the
determination of the application and make an order vesting the legal
custody of the child in the applicants for a probationary period, not
exceeding 2 years, upon such terms for the maintenance of the child and
otherwise as the Court thinks fit.
(2) Where the probationary period specified in an order under subsection (1)
is less than 2 years, the Court may by a further order extend the period to
a duration not exceeding 2 years in all.
11 [Repealed]
25

Welfare of children
12 Duty to promote welfare of child

[P1976/36/6; P1975/72/3]
In reaching any decision relating to the adoption of a child, the Court or an
adoption agency shall have regard to all the circumstances, first consideration
being given to the need to safeguard and promote the welfare of the child
throughout his childhood; and shall, so far as practicable, ascertain the wishes
and feelings of the child regarding the decision and give due consideration to
them, having regard to his age and understanding.
13 Religious upbringing of adopted child

[P1976/36/7; P1975/72/13]
An adoption agency shall, in placing a child for adoption, have regard (so far as
is practicable) to any wishes of a child’s parents and guardians as to the
religious upbringing of the child.
14 Adoption service

[P1958/5/32; P1975/72/1(1) and 4(2)]
(1) It is the duty of the Department to establish and maintain a service
designed to meet the needs, in relation to adoption, of —
(a) children who have been or may be adopted;
(b) parents and guardians of such children; and
(c) persons who have adopted or may adopt a child;
and for that purpose to provide appropriate assessment, placing and
counselling facilities or to secure that they are provided by approved
adoption societies.26

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(1A) The Department may comply with subsection (1) by providing the
service itself or by securing someone else to provide it.27

(1B) However, the Department may secure an adoption society whose
activities are not carried on for profit to provide the service only if the
society is an incorporated body.28

(2) The Department may by order designate an adoption society as an
approved adoption society for the purposes of this Act.29

(2A) An order under subsection (2) may designate an adoption society for the
purpose of providing facilities —
(a) in respect of adoptions other than those mentioned in
subsection (2B); or
(b) in respect of any adoptions, including those so mentioned.30

(2B) The adoptions mentioned in subsection (2A) are —
(a) a Convention adoption;
(b) an adoption effected by a Convention adoption order;
(c) an overseas adoption;
(d) an adoption of a child habitually resident in the British Islands
which is not a Convention adoption and is effected under the law
of a country or territory outside the British Islands; and
(e) an adoption of a child habitually resident outside the British
Islands which is effected by an adoption order other than a
Convention adoption order.31

(3) The Department may make regulations for any purposes relating to the
exercise by an approved adoption society of its functions.32

(4) Any person who contravenes or fails to comply with regulations made
under subsection (3) shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £5,000.
(5) The Department may, with the consent of the Treasury, make grants to
an approved adoption society for assisting it in the exercise of its
functions.33

15 Information concerning adoption

[P1976/36/58A; P1983/41/2/35]
Every approved adoption society shall transmit to the Department, at such
times and in such form as it may direct, such particulars as the Department may
require with respect to —
(a) their performance of all or any of their functions under this Act;
and
(b) the children and other persons in relation to whom they have
exercised those functions.34

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16 Restriction on arranging adoptions and placing of children

[P1976/36/11; P1958/5/29; P1975/72/28]
(1) A person other than an adoption agency shall not make arrangements for
the adoption of a child, or place a child for adoption, unless —
(a) the proposed adopter is a relative of the child; or
(b) he is acting in pursuance of an order of the Court.
(2) A person who —
(a) takes part in the management or control of a body of persons
which exists wholly or partly for the purpose of making
arrangements for the adoption of children and which is not an
adoption agency; or
(b) contravenes subsection (1); or
(c) receives a child placed with him in contravention of
subsection (1),
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £2,500.
(3) In any proceedings for an offence under subsection (2)(a), proof of things
done or of words written, spoken or published (whether or not in the
presence of any party to the proceedings) by any person taking part in
the management or control of a body of persons, or in making
arrangements for the adoption of children on behalf of the body, shall be
admissible as evidence of the purpose for which that body exists.
(4) Schedule 1 to the Family Law Act 1991 shall apply where a person is
convicted of a contravention of subsection (1) as they apply where an
application for an adoption order is refused.35

PART II – CARE AND PROTECTION OF CHILDREN

AWAITING ADOPTION

Restrictions on removal of children
17 Restrictions on removal where adoption agreed

[P1976/36/27; P1958/5/34; P1975/72/29]
(1) While an application for an adoption order is pending in a case where a
parent or guardian of the child has agreed to the making of the adoption
order (whether or not he knows the identity of the applicant), the parent
or guardian is not entitled, against the will of the person with whom the
child has his home, to remove the child from the custody of that person
except with the leave of the Court.
Section 18 Adoption Act 1984


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(2) Any person who contravenes subsection (1) shall be guilty of an offence
and liable on summary conviction to imprisonment for a term not
exceeding 6 months or to a fine not exceeding £5,000, or to both.
18 Restrictions on removal where applicant has provided home for 5 years

[P1976/36/28; P1958/5/34A; P1975/72/29]
(1) While an application for an adoption order in respect of a child made by
the person with whom the child has had his home for the 5 years
preceding the application is pending, no person is entitled, against the
will of the applicant, to remove the child from the applicant’s custody
except with the leave of the Court or under authority conferred by any
enactment or on the arrest of the child.
(2) Where a person (“the prospective adopter”) gives notice to the
Department that he intends to apply for an adoption order in respect of a
child who for the preceding 5 years has had his home with the
prospective adopter, no person is entitled, against the will of the
prospective adopter, to remove the child from the prospective adopter’s
custody, except with the leave of the Court or under authority conferred
by any enactment or on the arrest of the child, before —
(a) the prospective adopter applies for the adoption order; or
(b) the period of 3 months from the receipt of the notice by the
Department expires,36

whichever occurs first.37

(3) In any case where subsection (1) or (2) applies and —
(a) the child was in the care of the Department before he began to
have his home with the applicant or, as the case may be, the
prospective adopter; and
(b) the child remains in the care of the Department,
the Department shall not remove the child from the actual custody of the
applicant or of the prospective adopter except in accordance with
section 19 or 20 or with leave of the Court.38

(4) [Repealed]39

(5) Subsection (2) does not apply to any further notice served by the
prospective adopter on the Department in respect of the same child
during the period referred to in subsection (2)(b) or within 28 days after
its expiry.40

(6) Any person who contravenes subsection (1) or (2) shall be guilty of an
offence and shall be liable on summary conviction to imprisonment for a
term not exceeding 6 months or to a fine not exceeding £5,000 or to both.
(7) The Department may by order amend subsection (1) or (2) to substitute a
different period for the period of 5 years mentioned in that subsection (or
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the period which, by a previous order under this subsection, was
substituted for that period).41

19 Return of child taken away in breach of s 17 or 18

[P1976/36/29; P1975/72/30]
(1) The Court may, on the application of a person from whose custody a
child has been removed in breach of section 17 or 18 order the person
who has so removed the child to return the child to the applicant.
(2) The Court may, on the application of a person who has reasonable
grounds for believing that another person is intending to remove a child
from the applicant’s custody in breach of section 17 or 18 by order direct
that other person not to remove the child from the applicant’s custody in
breach of section 17 or 18.
(3) If after making an order under subsection (1), the Court is satisfied that
the child has not been returned to the applicant, the Court may make an
order authorising a constable to search such premises as may be
specified in the order for the child and, if the constable finds the child, to
return the child to the applicant.
(4) If a justice of the peace is satisfied by information on oath that there are
reasonable grounds for believing that a child to whom an order under
subsection (1) relates is in premises specified in the information, he may
issue a warrant authorising a constable to search the premises for the
child; and, if a constable acting in pursuance of a warrant under this
section finds the child, he shall return the child to the person on whose
application the order under subsection (1) was made.
(5) An order under subsection (3) may be enforced in like manner as a
warrant for committal.
20 Return of children placed for adoption by adoption agencies

[P1976/36/30; P1958/5/35; P1975/72/31]
(1) Subject to subsection (2), at any time after a child has been delivered into
the custody of any person in pursuance of arrangements made by an
adoption agency for the adoption of the child by that person, and before
an adoption order has been made on the application of that person in
respect of the child —
(a) that person may give notice to the agency of his intention not to
retain the custody of the child; or
(b) the agency may cause notice to be given to that person of its
intention not to allow the child to remain in his custody.
(2) No notice under subsection (1)(b) shall be given in respect of a child in
relation to whom an application has been made for an adoption order
except with the leave of the Court.
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(3) Where a notice is given to an adoption agency by any person or by an
adoption agency to any person under subsection (1), or where an
application for an adoption order made by any person in respect of a
child placed in his actual custody by an adoption agency is refused by
the Court or withdrawn, that person shall, within 7 days after the date on
which notice was given or the application refused or withdrawn, as the
case may be, cause the child to be returned to the agency, who shall
receive the child.
(4) Where the period specified in an interim order made under section 10
(whether as originally made or as extended under section 10(2)) expires
without an adoption order having been made in respect of the child,
subsection (3) shall apply as if the application for an adoption order
upon which the interim order was made, had been refused at the
expiration of that period.
(5) It shall be sufficient compliance with the requirements of subsection (3) if
the child is delivered to, and is received by, a suitable person nominated
for the purpose by the adoption agency.
(6) Where an application for an adoption order is refused, the Court may, if
it thinks fit at any time before the expiry of the period of 7 days
mentioned in subsection (3), order that period to be extended to a
duration, not exceeding 6 weeks, specified in the order.
(7) Any person who contravenes the provisions of this section shall be guilty
of an offence and liable on summary conviction to a fine not exceeding
£2,500; and the court by which the offender is convicted may order the
child in respect of whom the offence is committed to be returned to his
parent or guardian or to the adoption agency which made the
arrangements referred to in subsection (1).
21 Application of s 20 where child not placed for adoption

[P1976/36/31; P1958/5/36]
(1) Where a person gives notice in pursuance of section 7(1) to the
Department of his intention to apply for an adoption order in respect of a
child who is for the time being in the care of the Department, not being a
child who was delivered into the actual custody of that person in
pursuance of such arrangements as are mentioned in section 20(l), that
section shall apply as if the child had been so delivered, except that
where the application is refused by the Court or withdrawn the child
need not be returned to the Department unless the Department so
requires.42

(2) Where notice of intention is given as aforesaid in respect of any child
who is for the time being in the care of the Department, then, until the
application for an adoption order has been made and disposed of, any
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right of the Department to require the child to be returned to it otherwise
than in pursuance of section 20(1) shall be suspended.43

(3) While the child has his home with the person by whom the notice is
given, no contribution shall be payable (whether under a contribution
order or otherwise) in respect of the child by any person liable under
Schedule 3 to the Children and Young Persons Act 2001 to make
contributions in respect of him (but without prejudice to the recovery of
any sum due at the time the notice is given), unless 12 weeks have
elapsed since the giving of the notice without the application being made
or the application has been refused by the Court or withdrawn.44

Protected children
22 Meaning of “protected child”

[P1976/36/32; P1958/5/37]
(1) Where a person gives notice in pursuance of section 7(l) to the
Department of his intention to apply for an adoption order in respect of a
child, the child is for the purpose of this Part a protected child while he
has his home with that person.45

(2) A child is not a protected child by reason of any such notice as is
mentioned in subsection (1) while he is —
(a) in a mental hospital; or46

(b) liable to be detained, or subject to guardianship, under the Mental
Health Act 1998; or47

(c) suffering from mental disorder within the meaning of the said Act
of 1998 and resident in a children’s home under the Regulation of
Care Act 2013;48

(3) A protected child ceases to be a protected child —
(a) on the appointment of a guardian for him under Part I of the
Children and Young Persons Act 2001; or49

(b) on the notification to the Department that the application for an
adoption order has been withdrawn; or50

(c) on the making of any of the following orders in respect of the
child —
(i) an adoption order; or
(ii) a residence order, a care order or a supervision order
under the Children and Young Persons Act 2001;51

(iii) and (iv) [Repealed]52

(d) on his attaining the age of 18 years,
whichever first occurs.
Section 23 Adoption Act 1984


Page 20 AT 14 of 1984 c

23 Duty of Department to secure well-being of protected children

[P1958/5/38 and 39]
(1) The Department shall secure that protected children are visited from
time to time by authorised officers who shall satisfy themselves as to the
well-being of the children and give such advice as to their care and
maintenance as may appear to be needed.53

(2) Sections 98(1) and (3) to (6) and 99 of the Children and Young Persons Act
2001 apply to any premises in which an authorised officer has cause
to believe —
(a) a protected child is or will be living; or
(b) a child is or will be living with a person with whom he has been
placed by an adoption agency;
as they apply to premises referred to in section 98(1) of that Act.54

24 [Repealed]
55

25 Notices and information to be given to Department

[P1976/36/35; P1958/5/40]
(1) Where a person who has a protected child in his actual custody changes
his permanent address he shall, not less than 2 weeks before the change,
or, if the change is made in an emergency, not later than one week after
the change, give notice specifying the new address to the Department.56

(2) If a protected child dies, the person in whose actual custody he was at his
death shall within 48 hours give notice of the child’s death to the
Department.57

26 Offences relating to protected children

[P1976/36/36; P1958/5/44]
(1) A person shall be guilty of an offence if —
(a) being required under section 25 to give any notice or information,
he fails to give the notice within the time specified in that
provision or fails to give the information within a reasonable time,
or knowingly makes or causes or procures another person to
make any false or misleading statement in the notice or
information;
(b) he refuses to allow the visiting of a protected child by an
authorised officer or the inspection under the power conferred by
section 23(2) of any premises; or
(c) he refuses to comply with an order under section 24 for the
removal of any child or obstructs any person in the execution of
such an order.
Adoption Act 1984 Section 27


c AT 14 of 1984 Page 21

(2) A person guilty of an offence under this section shall be liable on
conviction on information to imprisonment for a term not exceeding 12
months or to a fine, or to both, or on summary conviction to
imprisonment for a term not exceeding 6 months or to a fine not
exceeding £5,000, or to both.
27 Miscellaneous provisions relating to protected children

[P1976/36/37; P1958/5/45-48]
(1) [Repealed]58

(2) A person who maintains a protected child shall be deemed for the
purposes of life assurance to have no interest in the life of the child.
(3) and (4) [Repealed]59

PART III – STATUS OF ADOPTED CHILDREN

28 Meaning of “adoption” in Part III

[P1976/36/38; P1975/72/1/1]
(1) In this Part, “adoption
” means adoption —
(a) by an adoption order; or
(b) by an adoption made under —
(i) the Adoption Acts 1962 to 1974, or any of those Acts; or
(ii) any enactment repealed by any of those Acts; or
(iii) any enactment repealed by any enactment mentioned in
paragraph (ii); or
(c) by an order made in any part of the United Kingdom or any of the
Channel Islands; or
(cc) which is a Convention adoption; or60

(d) which is an overseas adoption; or
(e) which is an adoption recognised by the law of the Island and
effected under the law of any other country,
and cognate expressions shall be construed accordingly.
(2) The definition of adoption includes, where the context admits, an
adoption effected before the passing of this Act; and the date of an
adoption effected by an order is the date of the making of the order.
29 Status conferred by adoption

[P1976/36/39; P1975/72/1/ 3 and 9]
(1) An adopted child shall be treated in law —
Section 29 Adoption Act 1984


Page 22 AT 14 of 1984 c

(a) where the adopters are a couple, as if he had been born as a child
of the marriage or civil partnership (whether or not he was in fact
born after the marriage was solemnized or registered as the case
may be);61

(b) in any other case, as if he were the legitimate child of the
relationship in question (but not as a child of any actual marriage
or civil partnership of the adopter).62

(2) An adopted child shall, subject to subsections (3) and (3A), be treated in
law as if he were not the child of any person other than the adopters or
adopter.63

(3) In the case of a child adopted by one of its natural parents as sole
adoptive parent, subsection (2) has no effect as respects entitlement to
property depending on relationship to that parent, or as respects
anything else depending on that relationship.
(3A) Where, in the case of a child adopted under a Convention adoption, the
Court is satisfied, on an application under this subsection —
(a) that under the law of the country in which the adoption was
effected the adoption is not a full adoption;
(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); and
(c) that it would be more favourable to the child for a direction to be
given under this subsection,
the Court may direct that subsection (2) shall not apply, or shall not
apply to such extent as may be specified in the direction.
In this subsection “full adoption” means an adoption by virtue of which
the child falls to be treated in law as if he were not the child of any
person other than the adopters or adopter.64

(3B) Sections 45A and 45B of the Judicature (Matrimonial Causes) Act 1976
apply with any necessary modifications to proceedings under
subsection (3A) as they apply to proceedings under section 45 of that
Act.65

(4) It is hereby declared that this section prevents an adopted child from
being illegitimate.
(5) This section has effect —
(a) in the case of an adoption before the commencement of this
section, from that date; and
(b) in the case of any other adoption, from the date of the adoption.
(6) Subject to the provisions of this Part, this section —
Adoption Act 1984 Section 30


c AT 14 of 1984 Page 23

(a) applies for the construction of enactments or instruments passed
or made before the adoption or later, and so applies subject to any
contrary indication; and
(b) has effect as respects things done, or events occurring, after the
adoption, or after the commencement of this section, whichever is
the later.
30 Adoptive relatives

[P1976/36/41; P1975/72/1/4]
A relationship existing by virtue of section 29 may be referred to as an adoptive
relationship, and —
(a) a male adopter may be referred to as the adoptive father;
(b) a female adopter may be referred to as the adoptive mother;
(c) any other relative of any degree under an adoptive relationship
may be referred to as an adoptive relative of that degree,
but this section does not prevent the term “parent” or any other term not
qualified by the word “adoptive” being treated as including an adoptive
relative.
31 Rules of construction for instruments concerning property

[P1976/36/42; P1975/72/1/6]
(1) Subject to any contrary indication, the rules of construction contained in
this section apply to any instrument, other than an existing instrument,
so far as it contains a disposition of property.
(2) In applying section 29(1) to a disposition which depends on the date of
birth of a child or children of the adoptive parent or parents, the
disposition shall be construed as if —
(a) the adopted child had been born on the date of adoption;
(b) 2 or more children adopted on the same date had been born on
that date in the order of their actual birth,
but this does not affect any reference to the age of a child.
(3) Examples of phrases in wills on which subsection (2) can operate are —
1. Children of A “living at my death or born afterwards”.
2. Children of A “living at my death or born afterwards before any
one of such children for the time being in existence attains a
vested interest and who attain the age of 21 years”.
3. As in example 1 or 2, but referring to grandchildren of A instead
of children of A.
4. A for life “until he has a child”, and then to his child or children.
Note: Subsection (2) will not affect the reference to the age of 21 years in
example 2.
Section 32 Adoption Act 1984


Page 24 AT 14 of 1984 c

(4) Section 29(2) does not prejudice any interest vested in possession in the
adopted child before the adoption, or any interest expectant (whether
immediately or not) upon an interest so vested.
(5) Where it is necessary to determine for the purposes of a disposition of
property effected by an instrument whether a woman can have a child, it
shall be presumed that once a woman has attained the age of 55 years
she will not adopt a child after execution of the instrument, and,
notwithstanding section 29, if she does so that child shall not be treated
as her child or as the child of her spouse (if any) for the purposes of the
instrument.
(6) In this section, “instrument” includes a private Act settling property, but
not any other enactment.
32 Property devolving with peerages, etc

[P1976/36/44; P1975/72/1/16]
(1) An adoption shall not affect the devolution of any property limited
(expressly or not) to devolve (as nearly as the law permits) along with
any dignity or title of honour.
(2) Subsection (1) applies only if and so far as a contrary intention is not
expressed in the instrument, and shall have effect subject to the terms of
the instrument.
33 Protection of trustees and personal representatives

[P1976/36/45; P1975/72/1/15]
(1) A trustee or personal representative is not under a duty, by virtue of the
law relating to trusts or the administration of estates, to enquire, before
conveying or distributing any property, whether any adoption has been
effected or revoked if that fact could affect entitlement to the property.
(2) A trustee or personal representative shall not be liable to any person by
reason of a conveyance or distribution of the property made without
regard to any such fact if he has not received notice of the fact before the
conveyance or distribution.
(3) This section does not prejudice the right of a person to follow the
property, or any property representing it, into the hands of another
person, other than a purchaser, who has received it.
34 Meaning of “disposition”

[P1976/36/46; P1975/72/1/1, 2, 5 and 17]
(1) In this Part —
“disposition
” includes the conferring of a power of appointment and any other
disposition of an interest in or right over property;
Adoption Act 1984 Section 35


c AT 14 of 1984 Page 25

“power of appointment
” includes any discretionary power to transfer a
beneficial interest in property without the furnishing of valuable
consideration.
(2) This Part applies to an oral disposition as if contained in an instrument
made when the disposition was made.
(3) For the purposes of this Part, the death of the testator is the date at which
a will or codicil is to be regarded as made.
(4) For the purposes of this Part, provisions of the law of intestate succession
applicable to the estate of a deceased person shall be treated as if
contained in an instrument executed by him (while of full capacity)
immediately before his death.
35 Miscellaneous enactments

[P1976/36/47; P1975/72/1/7]
(1) Section 29 does not apply for the purposes of the table of prohibited
degrees of affinity in Schedule 1 to the Marriage Act 1984 or Schedule 1 to
the Civil Partnership Act 2011 or affect section 7(2)(d) of the Sexual Offences
Act 1992.66

(2) Section 29 does not apply for the purposes of any provision of —
(a) the British Nationality Act 1981 (an Act of Parliament); or
(b) the Immigration Act 1971 (an Act of Parliament) as it has effect on
the Island; or
(c) any instrument having effect under an enactment within
paragraph (a) or (b); or
(d) any other provision of the law for the time being in force which
determines British citizenship, British Dependent Territories
citizenship, the status of a British National (Overseas) or British
Overseas citizenship.67

(3) to (5) [Repealed]68

36 Pensions

[P1976/36/48; P1975/72/1/8]
Section 29(2) does not affect entitlement to a pension which is payable to or for
the benefit of a child and is in payment at the time of his adoption.
37 Insurance

[P1976/36/49; P1975/72/1/11]
Where a child is adopted whose natural parent has effected an insurance with a
friendly society or a collecting society or an industrial insurance company for
the payment on the death of the child of money for funeral expenses, the rights
and liabilities under the policy shall by virtue of the adoption be transferred to
Section 38 Adoption Act 1984


Page 26 AT 14 of 1984 c

the adoptive parents who shall for the purpose of the enactments and statutory
provisions relating to such societies and companies be treated as the person
who took out the policy.
PART IV – REGISTRATION AND REVOCATION OF

ADOPTION ORDERS AND CONVENTION ADOPTIONS

38 Adopted Children Register

[P1976/36/50; P1958/5/20]
(1) The Chief Registrar shall maintain at the General Registry a register, to
be called the Adopted Children Register, in which such entries as
may be —
(a) directed to be made in it by adoption orders, or
(b) required to be made under Schedule 2,
and no other entries, shall be made.69

(2) A certified copy of an entry in the Adopted Children Register, if
purporting to be signed by or on behalf of the Chief Registrar, shall,
without any further or other proof of that entry, be received as evidence
of the adoption to which it relates and, where the entry contains a record
of the date of the birth or the country or the registration district of the
birth of the adopted person, shall also be received as aforesaid as
evidence of that date or country or district in all respects as if the copy
were a certified copy of an entry in the register of births.
(3) The Chief Registrar shall cause an index of the Adopted Children
Register to be made and kept in the General Registry; and if satisfied that
it is appropriate in a particular case, may permit any person to search
that index at any time when the General Registry is open for that
purpose and to have a certified copy of any entry in the Adopted
Children Register on payment of such fee as may be prescribed for the
purpose of this subsection by regulations under section 43(2) of the Civil
Registration Act 1984.70

(4) The Chief Registrar shall, in addition to the Adopted Children Register
and the index thereof, keep such other registers and books, and make
such entries therein, as may be necessary to record and make traceable
the connection between any entry in the registers of births which has
been marked “Adopted” and any corresponding entry in the Adopted
Children Register.
(5) The registers and books kept under subsection (4) shall not be, nor shall
any index thereof be, open to public inspection or search, and the Chief
Registrar shall not furnish any person with any information contained in
or with any copy or extract from any such registers or books except in
accordance with section 39 or under an order of the Court.
Adoption Act 1984 Section 39


c AT 14 of 1984 Page 27

(6) Schedule 2, which, among other things, provides for the registration of
adoptions and the amendments of adoption orders, shall have effect.
39 Disclosure of birth records of adopted children

[P1976/36/51; P1958/5/20A; P1975/72/26]
(1) Subject to subsections (4) and (6), the Chief Registrar shall, on an
application made in the prescribed manner by an adopted person a
record of whose birth is kept by the Chief Registrar and who has attained
the age of 18 years, supply to that person on payment of the prescribed
fee (if any) such information as is necessary to enable that person to
obtain a certified copy of the record of his birth.
(2) On an application made in the prescribed manner by an adopted person
under the age of 18 years, a record of whose birth is kept by the Chief
Registrar and who is intending to be married or form a civil partnership
in the Island or elsewhere, and on payment of the prescribed fee (if any),
the Chief Registrar shall inform the applicant whether or not it appears
from information contained in the registers of live births or other records
that the applicant and the intended spouse or civil partner may be within
the prohibited degrees of affinity specified in Schedule 1 to the Marriage
Act 1984 or Schedule 1 to the Civil Partnership Act 2011.71

(3) It shall be the duty of the Department and every approved adoption
society to provide counselling for adopted persons who apply for
information under subsection (1).72

(4) Before supplying any information to an applicant under subsection (1)
the Chief Registrar shall inform the applicant that counselling services
are available to him —
(a) from the Department; or73

(b) if the applicant’s adoption was arranged by an approved adoption
society, from that society.
(5) If the applicant chooses to receive counselling from the Department or an
adoption society under subsection (4), the Chief Registrar shall send to
the Department or to the adoption society of the applicant’s choice the
information to which the applicant is entitled under subsection (1).74

(6) The Chief Registrar shall not supply a person who was adopted before
the commencement of this section with any information under
subsection (1) unless that person has attended an interview with a
counsellor in pursuance of arrangements made by the Department or the
adoption society from whom the applicant is entitled to receive
counselling in accordance with subsection (4).75

(6A) Where the Chief Registrar is prevented by subsection (6) from supplying
information to a person who is not living in the Island, he may, at the
Section 40 Adoption Act 1984


Page 28 AT 14 of 1984 c

request of that person, supply the information to any person or body
outside the Island who —
(a) either —
(i) satisfies the Chief Registrar that he or it is suitable to
provide counselling for that person, or
(ii) is a person or body specified in section 51(3)(a), (b), (c) or
(d) of the Adoption Act 1976 (an Act of Parliament),
and
(b) notifies the Chief Registrar that he or it is willing to provide
counselling for that person.76

(7) In this section, “prescribed” means prescribed by regulations made by
the Clerk of the Rolls.
40 Revocation of adoptions on legitimation

[P1976/36/52; P1958/5/26]
(1) Where any person adopted by his father or mother alone has
subsequently become a legitimated person on the marriage of his father
and mother, the Court may, on the application of any of the parties
concerned, revoke the adoption order.
(2) Where any person legitimated by virtue of section 1 of the Legitimacy Act
1962 had been adopted by his father and mother before the 16th October
1962, the Court may, on the application of any of the parties concerned,
revoke the adoption order.
(3) [Repealed]77

41 Annulment, etc., of Convention adoptions

[P1976/36/53; P1968/53/6; 1974/11/6]
(1) The Court may, on an application under this subsection, by order annul a
Convention adoption or a Convention adoption order on the ground that
the adoption or order is contrary to public policy.78

(2) The Court may, upon an application under this subsection —
(a) order that an overseas adoption or a determination shall cease to
be valid in the Island 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;
(b) decide the extent, if any, to which a determination has been
affected by a subsequent determination.
(3) Any court in the Island may, in any proceedings in that court, decide that
an overseas adoption or a determination shall, for the purposes of those
Adoption Act 1984 Section 42


c AT 14 of 1984 Page 29

proceedings, be treated as invalid in the Island on either of the grounds
mentioned in subsection (2).
(4) Except as provided by this section, the validity of a Convention
adoption, a Convention adoption order, an overseas adoption or a
determination shall not be impugned in proceedings in any court.79
42 Provisions supplementary to s 41

[P1976/36/54; P1968/53/7; 1974/11/7]
(1) Any application for an order under section 41 or a decision under
section 41(3) shall be made in the prescribed manner and within such
period, if any, as may be prescribed.80

(2) No application shall be made under section 41(l) in respect of an
adoption unless immediately before the application is made the person
adopted or the adopter habitually resides in the Island or, as the case
may be, both adopters habitually reside there.81

(3) In deciding in pursuance of section 41 whether such an authority as is
mentioned in section 47 was competent to entertain a particular case, a
court shall be 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.
(4) In section 41 —
“determination” means such a determination as is mentioned in section 47;
“relevant time” [Repealed]82

“specified provisions” [Repealed]83

PART V – MISCELLANEOUS AND SUPPLEMENTAL

43 Adoption of children abroad

[P1976/36/55; P1975/72/25]
(1) Where, on an application made in relation to a child by a person who is
not domiciled in the Island, the Court is satisfied that he intends to adopt
the child under the law of or within the country in which the applicant is
domiciled, the Court may, subject to the following provisions of this
section, make an order vesting in him the parental responsibility for the
child.84

(2) The provisions of Part I relating to adoption orders, except sections (1)1 ,
3(2), 4(2), 6 and 10, shall apply in relation to orders under this section as
they apply in relation to adoption orders, subject to the modification that
in section 2(1) for “19” and “13” there are substituted “32” and “26”
respectively.
Section 44 Adoption Act 1984


Page 30 AT 14 of 1984 c

(3) Sections 38 and 39 and paragraphs 1 and 2(l) of Schedule 2 shall apply in
relation to an order under this section as they apply in relation to an
adoption order, except that any entry in the registers of births or the
Adopted Children Register which is required to be marked in
consequence of the making of an order under this section shall, instead of
being marked with the word “Adopted” or “Re-adopted” be marked
with the words “Proposed foreign adoption” or “Proposed foreign re-
adoption”, as the case may require.
(4) References in sections 17, 18, 20, 21 and 22 to an adoption order include
references to an order under this section.
44 Restriction on removal of children for adoption outside the Island

[P1976/36/56; P1958/5/52 and 57]
(1) Except under the authority of —
(a) an order under section 43,
(b) [Repealed]85

(c) [Repealed]86

it shall not be lawful for any person to take or send a child who is a
Commonwealth citizen or a citizen of the Republic of Ireland out of the
Island to any place outside the British Islands with a view to the
adoption of the child by any person not being a parent or guardian or
relative of the child; and any person who takes or sends a child out of the
Island to any place in contravention of this subsection, or makes or takes
part in any arrangements for transferring the actual custody of a child to
any person for that purpose, shall be guilty of an offence and liable on
conviction on information to imprisonment for a term not exceeding 12
months or to a fine, or to both.
(2) In any proceedings under this section, a report by a British consular
officer or a deposition made before a British consular officer and
authenticated under the signature of that officer shall, upon proof that
the officer or the deponent cannot be found in the Island or the United
Kingdom, be admissible as evidence of the matters stated therein, and it
shall not be necessary to prove the signature or official character of the
person who appears to have signed any such report or deposition.
(3) A person shall be deemed to take part in arrangements for transferring
the actual custody of a child to a person for the purpose referred to in
subsection (1) if —
(a) he facilitates the placing of the child in the actual custody of that
person; or
(b) he initiates or takes part in any negotiations of which the purpose
or effect is the conclusion of any agreement or the making of any
arrangement therefor, and if he causes another person to do so.
Adoption Act 1984 Section 45


c AT 14 of 1984 Page 31

44A Restriction on bringing children into the Island for adoption

(1) A person habitually resident in the British Islands who at any time brings
into the Island for the purpose of adoption a child who is habitually
resident outside those Islands is guilty of an offence unless such
requirements as may be prescribed 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 Island
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 custody for a term not exceeding 3 months, or a fine not
exceeding £5,000, or both.
(4) Proceedings for an offence under this section may be brought within a
period of 6 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 3 years after the commission of the offence.87

45 Prohibition on certain payments

[P1976/36/57; P1958/5/50; P1977/45/Sch 12]
(1) Subject to the provisions of this section, it shall not be lawful to make or
give to any person any payment or reward for or in consideration of —
(a) the adoption by that person of a child; or
(b) the grant by that person of any agreement or consent required in
connection with the adoption of a child; or
(c) the transfer by that person of the actual custody of a child with a
view to the adoption of the child; or
(d) the making by that person of any arrangements for the adoption
of a child.
(2) Any person who makes or gives, or agrees or offers to make or give, any
payment or reward prohibited by this section, or who receives or agrees
to receive or attempts to obtain any such payment or reward, shall be
guilty of an offence and liable on conviction on information to
imprisonment for a term not exceeding 12 months or to a fine, or to
both.88

(3) This section does not apply to any payment made to an adoption agency
by a parent or guardian of a child or by a person who adopts or proposes
to adopt a child, being a payment in respect of expenses reasonably
incurred by the agency in connection with the adoption of the child, or to
any payment or reward authorised by the Court.
Section 46 Adoption Act 1984


Page 32 AT 14 of 1984 c

(4) This section does not apply to —
(a) any payment made by an adoption agency to a person who has
applied, or proposes to apply, to the Court for an adoption order
or an order under section 43, being a payment of or towards any
legal or medical expenses incurred, or to be incurred, by that
person in connection with the application; or89

(b) any payment made by an adoption agency to another adoption
agency in consideration of the placing of a child in the custody of
any person with a view to the child’s adoption; or
(c) any payment by an adoption agency to a voluntary organisation
for the time being approved for the purposes of this paragraph by
the Department as a fee for the services of that organisation in
putting that agency into contact with another adoption agency
with a view to the making of arrangements between the adoption
agencies for the adoption of a child.
In paragraph (c), “voluntary organisation” means a body other than a
Board of Tynwald, a Statutory Board or a local authority, the activities of
which are not carried on for profit.
46 Restriction on advertisements

[P1976/36/58; P1958/5/51]
(1) It shall not be lawful for any advertisement to be published indicating —
(a) that the parent or guardian of a child desires to cause a child to be
adopted; or
(b) that a person desires to adopt a child; or
(c) that any person (not being an adoption agency) is willing to make
arrangements for the adoption of a child.
(2) Any person who causes to be published or knowingly publishes an
advertisement in contravention of the provisions of this section shall be
guilty of an offence and liable on summary conviction to a fine not
exceeding £2,500.
47 Effect of determination and orders made overseas in adoption

proceedings

[P1976/36/59; P1958/5/5(1); P1964/57/1(5); 1974/11/5]
(1) Where —
(a) an authority of a Convention country (other than the Island)
having power under the law of that country —
(i) to authorise, or review the authorisation of, a Convention
adoption; or
(ii) to give or review a decision revoking or annulling such an
adoption or a Convention adoption order; or
Adoption Act 1984 Section 48


c AT 14 of 1984 Page 33

(b) an authority of the United Kingdom, the Channel Islands or any
colony having power under the law of that territory —
(i) to authorise, or review the authorisation of, a Convention
adoption or an adoption effected in that territory; or
(ii) to give or review a decision revoking or annulling such an
adoption or a Convention adoption order,
makes a determination in the exercise of that power, then, subject to
section 41 and any subsequent determination having effect under this
subsection, the determination shall have effect in the Island for the
purpose of effecting, confirming or terminating the adoption in question
or confirming its termination as the case may be.90

(2) Sections 1(3) and (4) and 37 apply in relation to a child who is the subject
of an order which is similar to an order under section 43 and is made
(whether before or after this Act has effect) in any part of the United
Kingdom or any of the Channel Islands, as they apply in relation to a
child who is the subject of an adoption order.
48 Evidence of adoption in UK and Channel Islands

[P1976/36/60]
Any document relating to adoption which is receivable as evidence of any
matter in any part of the United Kingdom or any of the Channel Islands shall
also be so receivable in the Island.
49 Evidence of agreement and consent

[P1976/36/61; P1975/72/102]
(1) Any agreement or consent which is required by this Act to be given to
the making of an order or application for an order may be given in
writing, and, if the document signifying the agreement or consent is
witnessed in accordance with rules, it shall be admissible in evidence
without further proof of the signature of the person by whom it was
executed.91

(2) A document signifying such agreement or consent which purports to be
witnessed in accordance with rules shall be presumed to be so witnessed,
and to have been executed and witnessed on the date and at the place
specified in the document, unless the contrary is proved.
49A Declarations as to adoptions effected overseas

[P1986/55/57]
(1) Any person whose status as an adopted child of any person depends on
whether he has been adopted by that person by either —
(a) a Convention adoption or an overseas adoption, or92

Section 50 Adoption Act 1984


Page 34 AT 14 of 1984 c

(b) an adoption recognised by the law of the Island and effected
under the law of any country outside the British Islands,
may apply to the Court for one (or for one or, in the alternative, the
other) of the declarations mentioned in subsection (2).
(2) The said declarations are —
(a) a declaration that the applicant is for the purposes of section 29
the adopted child of that person;
(b) a declaration that the applicant is not for the purposes of that
section the adopted child of that person.
(3) The Court shall have jurisdiction to entertain an application under
subsection (1) if, and only if, the applicant —
(a) is domiciled in the Island on the date of the application, or
(b) has been habitually resident in the Island throughout the period
of one year ending with that date.
(4) The following provisions of the Matrimonial Proceedings Act 2003 —
(a) section 20 (general provisions as to declarations),
(b) section 22(2) to (5) (intervention by Attorney General), and
(c) section 136 (polygamous marriages) where the proceedings
involve a determination as to the validity of a marriage,
apply to proceedings under this section with the substitution, for
references to section 19 or Part 1 of that Act, of references to this section.93

50 Proceedings in private

[P1976/36/64(a); P1975/72/21; P1978/22/73(2)]
Subject to section 49A(4), proceedings in the Court under this Act may be
disposed of in chambers.94

51 Guardians ad litem

[P1958/5/9(5)]
For the purpose of any application for an adoption order or an order under
section 43 the Court shall, subject to rules, appoint some person to act as
guardian ad litem of the child upon the hearing of the application, with the duty
of safeguarding the interests of the child before the Court.
52 Rules of procedure

[P1976/36/66; P1958/5/9]
(1) Rules in regard to any matter to be prescribed under this Act and dealing
generally with all matters of procedure and incidental matters arising out
of this Act and for carrying this Act into effect shall be made by the
Deemsters.
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c AT 14 of 1984 Page 35

(2) Rules shall require every person who can be found and whose agreement
or consent to the making of an adoption order is required under this Act
to be notified of a date and place where he will be heard on the
application for the order and of the fact that, unless he wishes or the
Court requires, he need not attend.
(3) In the case of an application under section 43, rules shall require every
parent and guardian of the child who can be found to be notified as
aforesaid.
(4) This section does not apply in relation to sections 22 to 27.
53 Orders, rules and regulations

(1) No order (other than an order of the Court) or regulation made under
this Act shall have effect unless it is approved by Tynwald.95

(2) Rules under this Act shall be laid before Tynwald as soon as practicable
after they are made, and if Tynwald at the sitting at which the rules are
laid or at the next following sitting resolves that they shall be annulled,
they shall cease to have effect.96

54 Offences by bodies corporate

[P1968/36/68; P1958/5/54(1)]
Where an offence under this Act committed by a body corporate is proved to
have been committed with the consent or connivance of or to be attributable to
any neglect on the part of, any director, manager, member of the committee,
secretary or other officer of the body, he as well as the body shall be deemed to
be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
55 Service of notices, etc

[P1976/36/69; P1958/5/55]
Any notice or information required to be given under this Act may be given by
post.
56 [Repealed]
97

57 Internal law of a country

[P1976/36/71; P1968/53/10 and 11; 1974/11/10 and 11]
(1) In this Act “internal law
” in relation to any country means the law
applicable in a case where no question arises as to the law in force in any
other country.
(2) In any case where the internal law of a country falls to be ascertained for
the purposes of this Act by any court and there are in force in that
country two or more systems of internal law, the relevant system shall be
Section 58 Adoption Act 1984


Page 36 AT 14 of 1984 c

ascertained in accordance with any rule in force throughout that country
indicating which of the systems is relevant in the case in question or, if
there is no such rule, shall be the system appearing to that court to be
most closely connected with the case.
58 Interpretation

[P1976/36/72]
(1) In this Act, unless the context otherwise requires —
“adoption agency
” means the Department or an approved adoption society;98

“adoption order
” means an order under section 1(1);
“adoption society
” means a body of persons whose functions consist of or
include the making of arrangements for the adoption of children and,
where the principal office of that society is situated outside the Island,
includes the authorised representative of that society in the Island;
“approved adoption society
” means an adoption society designated by an
order under section 14(2);
“authorised officer
” means a person authorised by the Department to perform
the functions conferred on an authorised officer by Part II;99

“the Board
” [Repealed]100

“the Board of Education
” [Repealed]101

“body of persons
” means any body of persons, whether incorporated or
unincorporated;
“British adoption order
” means an adoption order or any provision for the
adoption of a child effected under the law of any British territory outside
the Island;
“British territory
” means, for the purposes of any provision of this Act, any of
the following countries, that is to say, the Island, the United Kingdom,
the Channel Islands and a colony, being a country designated for the
purposes of that provision by order of the Governor or, if no country is
so designated, any of those countries;
“child
”, except where used to express a relationship, means a person who has
not attained the age of 18 years;
“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;102

“Convention adoption
” means an adoption effected under the law of a
Convention country outside the British Islands, and certified in
pursuance of Article 23(1) of the Convention;103

Adoption Act 1984 Section 58


c AT 14 of 1984 Page 37

“Convention adoption order
” means an adoption order made in accordance
with section 6;104

“Convention country
” means any country or territory in which the Convention
is in force;105

“couple
” means —
(a) a married couple, or
(b) two people who are civil partners of each other, or
(c) two people (whether of different sexes or the same sex) living as
partners in an enduring family relationship;106

“the Court
” means the High Court;
“the Department
” means the Department of Health and Social Care;107

“existing
”, in relation to an enactment or other instrument, means one passed or
made at any time before the commencement of this Act;
“guardian
” means —
(a) a person appointed by deed or will in accordance with the
provisions of the Guardianship of Infants Act 1953 or by a court of
competent jurisdiction to be the guardian of the child; and
(b) in the case of a child who is not a marital child within the
meaning of the Family Law Act 1991, includes the father where he
has parental responsibility for the child for the purposes of that
Act.108

“internal law
” has the meaning assigned to it by section 57;
“National
” means, for the purposes of any provision of this Act, a British
citizen, British Dependent Territories citizen or a British Overseas citizen
satisfying such conditions, if any, as the Governor may by order specify
for the purpose of that provision;
“notice
” means a notice in writing;
“overseas adoption
” has the meaning assigned to it by subsection (2);
“parental responsibility
” has the meaning given by section 2 of the Children and
Young Persons Act 2001;109

“place of safety
” [Repealed]110

“prescribed
” means prescribed by rules;
“regulated adoption
” [Repealed]111

“relative
” in relation to a child means a grandparent, brother, sister, uncle or
aunt, whether of the full blood or half-blood or by marriage or civil
partnership and includes, where the child is illegitimate, the father of the
child and any person who would be a relative within the meaning of this
Section 59 Adoption Act 1984


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definition if the child were the legitimate child of his mother and
father;112

“rules
” means rules made under section 52(l);
“specified order
” [Repealed]113

(1A) The text of the Convention (so far as material) is set out in
Schedule 2A.114

(2) In this Act, “overseas adoption”
means an adoption of such a description
as the Governor may by order specify, being a description of adoptions
of children appearing to him to be effected under the law of any country
outside the British Islands; and an order under this subsection may
contain provision as to the manner in which evidence of an overseas
adoption may be given.115

(3) For the purposes of this Act, a person shall be deemed to make
arrangements for the adoption of a child if he enters into or makes any
agreement or arrangement for, or for facilitating, the adoption of the
child by any other person, whether the adoption is effected, or is
intended to be effected, in the Island or elsewhere, or if he initiates or
takes part in any negotiations of which the purpose or effect is the
conclusion of any agreement or the making of any arrangement therefor,
and if he causes another person to do so.
(4) 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.116

(5) 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.117

59 Transitional provisions and amendments

(1) The transitional provisions contained in Schedule 3 shall have effect.
(2) The enactments specified in Schedule 4 shall have effect subject to the
amendments specified in that Schedule, being amendments
consequential upon the provisions of this Act.
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c AT 14 of 1984 Page 39

(3) [Repealed]118

60 Expenses

Any expenses incurred by the Department under or by virtue of this Act shall
be defrayed out of money provided by Tynwald.119

61 Short title and commencement

(1) This Act may be cited as the Adoption Act 1984.
(2) This Act shall come into force on such date as the Governor in Council
may by order appoint, and different dates may be so appointed for
different provisions.120

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c AT 14 of 1984 Page 41

SCHEDULE 1
121

SCHEDULE 2

REGISTRATION OF ADOPTIONS

Section 38 [P1976/36/Sch 1; 1974/11/8]
Registration of adoption orders
1. (1) Every adoption order shall contain a direction to the Chief Registrar to
make in the Adopted Children Register an entry in such form as may be prescribed by
regulations made by the Clerk of the Rolls.
(2) [Repealed]122

(3) Where on an application to the Court for an adoption order in respect of
a child (not being a child who has previously been the subject of an adoption order
made by the Court under this Act or any enactment at the time in force) there is proved
to the satisfaction of the Court the identity of the child with a child to whom an entry
in the Registers of Births relates, any adoption order made in pursuance of the
application shall contain a direction to the Chief Registrar to cause the entry in the
Registers of Births to be marked with the word “Adopted”.
(4) Where an adoption order is made in respect of a child who has
previously been the subject of an adoption order made by the Court under this Act or
any enactment at the time in force, the order shall contain a direction to the Chief
Registrar to cause the previous entry in the Adopted Children Register to be marked
with the word “Re-adopted”.
Registration of adoptions in United Kingdom and Channel Islands
2. (1) Where the Chief Registrar is notified by the authority maintaining a
register of adoptions in any part of the United Kingdom or any of the Channel Islands
that an order has been made in that country authorising the adoption of a child to
whom an entry in the Registers of Births or the Adopted Children Register relates, he
shall cause the entry to be marked with the word “Adopted” or “Re-adopted”, as the
case may require, followed by the name, in brackets, of the country in which the order
was made.
(2) Where, after an entry has been so marked, the Chief Registrar is notified
as aforesaid that the order has been quashed, that an appeal against the order has been
allowed or that the order has been revoked, he shall cause the marking to be cancelled;
and a copy or extract of an entry in any register, being an entry the marking of which is
cancelled under this sub-paragraph, shall be deemed to be an accurate copy if and only
if both the marking and the cancellation are omitted therefrom.
(3) Sub-paragraphs (1) and (2) shall apply in relation to orders
corresponding to orders under section 43 as they apply in relation to orders
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Adoption Act 1984


Page 42 AT 14 of 1984 c

authorising the adoption of a child; but any marking of an entry required by virtue of
this sub-paragraph shall consist of the words “proposed foreign adoption” or as the
case may require, “proposed foreign re-adoption” followed by the name in brackets of
the country in which the order was made.
(4) Without prejudice to sub-paragraphs (1) and (2), where, after an entry in
the Registers of Births has been marked in accordance with this paragraph, the birth is
re-registered under section 17 of the Civil Registration Act 1984, the entry made on the
registration shall be marked in the like manner.
Registration of foreign adoptions
3. (1) If the Chief Registrar 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 shall make the entry accordingly, and
(b) if he is also satisfied that an entry in the Registers of Births relates
to the child, he shall 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 shall be made in the prescribed form.
(3) An application under this paragraph must be made, in the prescribed
manner, by a prescribed person and give the prescribed particulars.
(4) In this paragraph —
“registrable foreign adoption” means a Convention adoption or overseas
adoption which satisfies prescribed requirements;
“prescribed” means prescribed by regulations made by the Clerk of the Rolls.123

Amendment of orders and rectification of Registers
4. (1) The Court may, on the application of the adopter or of the adopted
person, amend the order by the correction of any error in the particulars contained
therein, and may —
(a) if satisfied on the application of the adopter or the adopted person
that within one year beginning with the date of the order any new
name has been given to the adopted person (whether in baptism
or otherwise), or taken by him, either in lieu 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 adding that name in those particulars, as
the case may require;
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c AT 14 of 1984 Page 43

(b) if satisfied on the application of any person concerned that a
direction for the marking of an entry in the Registers of Births or
the Adopted Children Register included in the order in pursuance
of paragraph 1(3) or (4) was wrongly so included, revoke that
direction.
(2) Where an adoption order is amended or a direction revoked under sub-
paragraph (1), the Chief Registrar shall as the case may require —
(a) cause the entry in the Adopted Children Register to be amended
accordingly; or
(b) cause the marking of the entry in the Registers of Births or the
Adopted Children Register to be cancelled.
(3) Where an adoption order is quashed or an appeal against an adoption
order allowed by the Court, the Chief Registrar shall cancel any entry in the Adopted
Children Register, and any marking of an entry in that Register, or the Registers of
Births as the case may be, which was effected in pursuance of the order.
(4) 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 38 shall be a copy of the entry as amended, without the reproduction of any
note or marking relating to the amendment or of any matter cancelled pursuant
thereto; and a copy or extract of an entry in any register, being an entry the marking of
which has been cancelled, shall be deemed to be an accurate copy if and only if both
the marking and the cancellation are omitted therefrom.
(5) If the Chief Registrar is satisfied —
(a) that a Convention adoption, a Convention adoption order or an
overseas adoption has ceased to have effect, whether on
annulment or otherwise; or124

(b) that any entry or mark was erroneously made in pursuance of
paragraph 3 in any register mentioned in that paragraph,
he may cause such alterations to be made in any such register as he considers are
required in consequence of the cesser or to correct the error; and where an entry in
such a register is amended in pursuance of this sub-paragraph, any copy or extract of
the entry shall be deemed to be accurate if and only if 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 section 40, where, after an entry in the registers of
births has been marked with the word “Adopted”, the birth is re-registered under
section 17 of the Civil Registration Act 1984, the entry made on the re-registration shall
be marked in the like manner.
(2) Without prejudice to paragraph 4(5), where an entry in the Registers of
Births is marked in pursuance of paragraph 3 and the birth in question is subsequently
Schedule 2
Adoption Act 1984


Page 44 AT 14 of 1984 c

re-registered under the said section 17 the entry made on re-registration shall be
marked in the like manner.
Cancellations in Registers on legitimation
6. Where an adoption order, other than a Convention adoption order, is revoked
under section 40(l) or (2), the Chief Registrar shall cause to be cancelled —
(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
him in the Registers of Births;
and a copy or extract of an entry in any register, being an entry the marking of which is
cancelled under this section, shall be deemed to be an accurate copy if and only if both
the marking and the cancellation are omitted therefrom.
Interpretation
7. In this Schedule “the Registers of Births” means the registers of births kept
under the Civil Registration Act 1984 or any enactment repealed by that Act.

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SCHEDULE 2A
125

CONVENTION ON PROTECTION OF CHILDREN AND CO-

OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION

Section 58(1A)
The States signatory to the present Convention.
Recognizing that the child, for the full and harmonious development of his or her
personality, should grow up in a family environment, in an atmosphere of happiness,
love and understanding,
Recalling that each State should take, as a matter of priority, appropriate measures to
enable the child to remain in the care of his or her family of origin,
Recognizing that intercountry adoption may offer the advantage of a permanent family
to a child for whom a suitable family cannot be found in his or her State of origin,
Convinced of the necessity to take measures to ensure that intercountry adoptions are
made in the best interests of the child and with respect for his or her fundamental
rights, and to prevent the abduction, the sale of, or traffic in children,
Desiring to establish common provisions to this effect, taking into account the
principles set forth in international instruments, in particular the United Nations
Convention on the Rights of the Child, of 20 November 1989, and the United Nations
Declaration on Social and Legal Principles relating to the Protection and Welfare of
Children, with Special Reference to Foster Placement and Adoption Nationally and
Internationally (General Assembly Resolution 41/85, of 3 December 1986),
Have agreed upon the following provisions —
CHAPTER I - SCOPE OF THE CONVENTION

Article 1
The objects of the present Convention are —
(a) to establish safeguards to ensure that intercountry adoptions take
place in the best interests of the child and with respect for his or
her fundamental rights as recognised in international law;
(b) to establish a system of co-operation amongst Contracting States
to ensure that those safeguards are respected and thereby prevent
the abduction, the sale of, or traffic in children;
(c) to secure the recognition in Contracting States of adoptions made
in accordance with the Convention.
Schedule 2A
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Article 2
1. The Convention shall apply where a child habitually resident in one
Contracting State (“the State of origin”) has been, is being, or is to be moved to another
Contracting State (“the receiving State”) either after his or her adoption in the State of
origin by spouses or a person habitually resident in the receiving State, or for the
purposes of such an adoption in the receiving State or in the State of origin.
2. The Convention covers only adoptions which create a permanent parent-child
relationship.
Article 3
The Convention ceases to apply if the agreements mentioned in Article 17, sub-
paragraph (c), have not been given before the child attains the age of eighteen years.
CHAPTER II - REQUIREMENTS FOR INTERCOUNTRY

ADOPTIONS

Article 4
An adoption within the scope of the Convention shall take place only if the competent
authorities of the State of origin —
(a) have established that the child is adoptable;
(b) have determined, after possibilities for placement of the child
within the State of origin have been given due consideration, that
an intercountry adoption is in the child’s best interests;
(c) have ensured that —
(i) the persons, institutions and authorities whose consent is
necessary for adoption, have been counselled as may be
necessary and duly informed of the effects of their consent,
in particular whether or not an adoption will result in the
termination of the legal relationship between the child and
his or her family of origin,
(ii) such persons, institutions and authorities have given their
consent freely, in the required legal form, and expressed or
evidenced in writing,
(iii) the consents have not been induced by payment or
compensation of any kind and have not been
withdrawn, and
(iv) the consent of the mother, where required, has been given
only after the birth of the child; and
(d) have ensured, having regard to the age and degree of maturity of
the child, that —
Adoption Act 1984 Schedule 2A



c AT 14 of 1984 Page 47

(i) he or she has been counselled and duly informed of the
effects of the adoption and of his or her consent to the
adoption, where such consent is required,
(ii) consideration has been given to the child’s wishes and
opinions,
(iii) the child’s consent to the adoption, where such consent is
required, has been given freely, in the required legal form,
and expressed or evidenced in writing, and
(iv) such consent has not been induced by payment or
compensation of any kind.
Article 5
An adoption within the scope of the Convention shall take place only if the competent
authorities of the receiving State —
(a) have determined that the prospective adoptive parents are eligible
and suited to adopt;
(b) have ensured that the prospective adoptive parents have been
counselled as may be necessary; and
(c) have determined that the child is or will be authorised to enter
and reside permanently in that State.
CHAPTER III - CENTRAL AUTHORITIES AND ACCREDITED

BODIES

Article 6
1. A Contracting State shall designate a Central Authority to discharge the duties
which are imposed by the Convention upon such authorities.
2. Federal States, States with more than one system of law or States having
autonomous territorial units shall be free to appoint more than one Central Authority
and to specify the territorial or personal extent of their functions. Where a State has
appointed more than one Central Authority, it shall designate the Central Authority to
which any communication may be addressed for transmission to the appropriate
Central Authority within that State.
Article 7
1. Central Authorities shall co-operate with each other and promote co-operation
amongst the competent authorities in their States to protect children and to achieve the
other objects of the Convention.
2. They shall take directly all appropriate measures to —
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(a) provide information as to the laws of their States concerning
adoption and other general information, such as statistics and
standard forms;
(b) keep one another informed about the operation of the Convention
and, as far as possible, eliminate any obstacles to its application.
Article 8
Central Authorities shall take, directly or through public authorities, all appropriate
measures to prevent improper financial or other gain in connection with an adoption
and to deter all practices contrary to the objects of the Convention.
Article 9
Central Authorities shall take, directly or through public authorities or other bodies
duly accredited in their State, all appropriate measures, in particular to —
(a) collect, preserve and exchange information about the situation of
the child and the prospective adoptive parents, so far as is
necessary to complete the adoption;
(b) facilitate, follow and expedite proceedings with a view to
obtaining the adoption;
(c) promote the development of adoption counselling and post-
adoption services in their States;
(d) provide each other with general evaluation reports about
experience with intercountry adoption;
(e) reply, in so far as is permitted by the law of their State, to justified
requests from other Central Authorities or public authorities for
information about a particular adoption situation.
Article 10
Accreditation shall only be granted to and maintained by bodies demonstrating their
competence to carry out properly the tasks with which they may be entrusted.
Article 11
An accredited body shall —
(a) pursue only non-profit objectives according to such conditions
and within such limits as may be established by the competent
authorities of the State of accreditation;
(b) be directed and staffed by persons qualified by their ethical
standards and by training or experience to work in the field of
intercountry adoption; and
(c) be subject to supervision by competent authorities of that State as
to its composition, operation and financial situation.
Adoption Act 1984 Schedule 2A



c AT 14 of 1984 Page 49

Article 12
A body accredited in one Contracting State may act in another Contracting State only if
the competent authorities of both States have authorised it to do so.
Article 13
The designation of the Central Authorities and, where appropriate, the extent of their
functions, as well as the names and addresses of the accredited bodies shall be
communicated by each Contracting State to the Permanent Bureau of the Hague
Conference on Private International Law.
CHAPTER IV - PROCEDURAL REQUIREMENTS IN

INTERCOUNTRY ADOPTION

Article 14
Persons habitually resident in a Contracting State, who wish to adopt a child habitually
resident in another Contracting State, shall apply to the Central Authority in the State
of their habitual residence.
Article 15
1. If the Central Authority of the receiving State is satisfied that the applicants are
eligible and suited to adopt, it shall prepare a report including information about their
identity, eligibility and suitability to adopt, background, family and medical history,
social environment, reasons for adoption, ability to undertake an intercountry
adoption, as well as the characteristics of the children for whom they would be
qualified to care.
2. It shall transmit the report to the Central Authority of the State of origin.
Article 16
1. If the Central Authority of the State of origin is satisfied that the child is
adoptable, it shall —
(a) prepare a report including information about his or her identity,
adoptability, background, social environment, family history,
medical history including that of the child’s family, and any
special needs of the child;
(b) give due consideration to the child’s upbringing and to his or her
ethnic, religious and cultural background;
(c) ensure that consents have been obtained in accordance with
Article 4; and
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(d) determine, on the basis in particular of the reports relating to the
child and the prospective adoptive parents, whether the
envisaged placement is in the best interests of the child.
2. It shall transmit to the Central Authority of the receiving State its report on the
child, proof that the necessary consents have been obtained and the reasons for its
determination on the placement, taking care not to reveal the identity of the mother
and the father if, in the State of origin, these identities may not be disclosed.
Article 17
Any decision in the State of origin that a child should be entrusted to prospective
adoptive parents may only be made if —
(a) the Central Authority of that State has ensured that the
prospective adoptive parents agree;
(b) the Central Authority of the receiving State has approved such
decision, where such approval is required by the law of that State
or by the Central Authority of the State of origin;
(c) the Central Authorities of both States have agreed that the
adoption may proceed; and
(d) it has been determined, in accordance with Article 5, that the
prospective adoptive parents are eligible and suited to adopt and
that the child is or will be authorised to enter and reside
permanently in the receiving State.
Article 18
The Central Authorities of both States shall take all necessary steps to obtain
permission for the child to leave the State of origin and to enter and reside
permanently in the receiving State.
Article 19
1. The transfer of the child to the receiving State may only be carried out if the
requirements of Article 17 have been satisfied.
2. The Central Authorities of both States shall ensure that this transfer takes place
in secure and appropriate circumstances and, if possible, in the company of the
adoptive or prospective adoptive parents.
3. If the transfer of the child does not take place, the reports referred to in Articles
15 and 16 are to be sent back to the authorities who forwarded them.
Adoption Act 1984 Schedule 2A



c AT 14 of 1984 Page 51

Article 20
The Central Authorities shall keep each other informed about the adoption process and
the measures taken to complete it, as well as about the progress of the placement if a
probationary period is required.
Article 21
1. Where the adoption is to take place after the transfer of the child to the receiving
State and it appears to the Central Authority of that State that the continued placement
of the child with the prospective adoptive parents is not in the child’s best interests,
such Central Authority shall take the measures necessary to protect the child, in
particular —
(a) to cause the child to be withdrawn from the prospective adoptive
parents and to arrange temporary care;
(b) in consultation with the Central Authority of the State of origin, to
arrange without delay a new placement of the child with a view
to adoption or, if this is not appropriate, to arrange alternative
long-term care; an adoption shall not take place until the Central
Authority of the State of origin has been duly informed
concerning the new prospective adoptive parents;
(c) as a last resort, to arrange the return of the child, if his or her
interests so require.
2. Having regard in particular to the age and degree of maturity of the child, he or
she shall be consulted and, where appropriate, his or her consent obtained in relation
to measures to be taken under this Article.
Article 22
1. The functions of a Central Authority under this Chapter may be performed by
public authorities or by bodies accredited under Chapter III, to the extent permitted by
the law of its State.
2. Any Contracting State may declare to the depositary of the Convention that the
functions of the Central Authority under Articles 15 to 21 may be performed in that
State, to the extent permitted by the law and subject to the supervision of the
competent authorities of that State, also by bodies or persons who —
(a) meet the requirements of integrity, professional competence,
experience and accountability of that State; and
(b) are qualified by their ethical standards and by training or
experience to work in the field of intercountry adoption.
3. A Contracting State which makes the declaration provided for in paragraph 2
shall keep the Permanent Bureau of the Hague Conference on Private International
Law informed of the names and addresses of these bodies and persons.
Schedule 2A
Adoption Act 1984


Page 52 AT 14 of 1984 c

4. Any Contracting State may declare to the depositary of the Convention that
adoptions of children habitually resident in its territory may only take place if the
functions of the Central Authorities are performed in accordance with paragraph 1.
5. Notwithstanding any declaration made under paragraph 2, the reports
provided for in Articles 15 and 16 shall, in every case, be prepared under the
responsibility of the Central Authority or other authorities or bodies in accordance
with paragraph 1.
CHAPTER V - RECOGNITION AND EFFECTS OF THE ADOPTION

Article 23
1. An adoption certified by the competent authority of the State of the adoption as
having been made in accordance with the Convention shall be recognised by operation
of law in the other Contracting States. The certificate shall specify when and by whom
the agreements under Article 17, sub-paragraph c, were given.
2. Each Contracting State shall, at the time of signature, ratification, acceptance,
approval or accession, notify the depositary of the Convention of the identity and the
functions of the authority or the authorities which, in that State, are competent to make
the certification. It shall also notify the depositary of any modification in the
designation of these authorities.
Article 24
The recognition of an adoption may be refused in a contracting State only if the
adoption is manifestly contrary to its public policy, taking into account the best
interests of the child.
Article 25
Any Contracting State may declare to the depositary of the convention that it will not
be bound under this Convention to recognise adoptions made in accordance with an
agreement concluded by application of Article 39, paragraph 2.
Article 26
1. The recognition of an adoption includes recognition of —
(a) the legal parent-child relationship between the child and his or
her adoptive parents;
(b) parental responsibility of the adoptive parents for the child;
(c) the termination of a pre-existing legal relationship between the
child and his or her mother and father, if the adoption has this
effect in the Contracting State where it was made.
Adoption Act 1984 Schedule 2A



c AT 14 of 1984 Page 53

2. In the case of an adoption having the effect of terminating a pre-existing legal
parent-child relationship, the child shall enjoy in the receiving State, and in any other
Contracting State where the adoption is recognised, rights equivalent to those resulting
from adoptions having this effect in each such State.
3. The preceding paragraphs shall not prejudice the application of any provision
more favourable for the child, in force in the Contracting State which recognises the
adoption.
Article 27
1. Where an adoption granted in the State of origin does not have the effect of
terminating a pre-existing legal parent-child relationship, it may, in the receiving State
which recognises the adoption under the Convention, be converted into an adoption
having such an effect —
(a) if the law of the receiving State so permits; and
(b) if the consents referred to in Article 4, sub-paragraphs c and d,
have been or are given for the purpose of such an adoption.
2. Article 23 applies to the decision converting the adoption.
CHAPTER VI - GENERAL PROVISIONS

Article 28
The Convention does not affect any law of a State of origin which requires that the
adoption of a child habitually resident within that State take place in that State or
which prohibits the child’s placement in, or transfer to, the receiving State prior to
adoption.
Article 29
There shall be no contact between the prospective adoptive parents and the child’s
parents or any other person who has care of the child until the requirements of Article
4, sub-paragraphs a to c, and Article 5, sub-paragraph a, have been met, unless the
adoption takes place within a family or unless the contact is in compliance with the
conditions established by the competent authority of the State of origin.
Article 30
1. The competent authorities of a Contracting State shall ensure that information
held by them concerning the child’s origin, in particular information concerning the
identity of his or her parents, as well as the medical history, is preserved.
2. They shall ensure that the child or his or her representative has access to such
information, under appropriate guidance, in so far as is permitted by the law of that
State.
Schedule 2A
Adoption Act 1984


Page 54 AT 14 of 1984 c

Article 31
Without prejudice to Article 30, personal data gathered or transmitted under the
Convention, especially data referred to in Articles 15 and 16, shall be used only for the
purposes for which they were gathered or transmitted.
Article 32
1. No one shall derive improper financial or other gain from an activity related to
an intercountry adoption.
2. Only costs and expenses, including reasonable professional fees of persons
involved in the adoption, may be charged or paid.
3. The directors, administrators and employees of bodies involved in an adoption
shall not receive remuneration which is unreasonably high in relation to services
rendered.
Article 33
A competent authority which finds that any provision of the Convention has not been
respected or that there is a serious risk that it may not be respected, shall immediately
inform the Central Authority of its State. This Central Authority shall be responsible
for ensuring that appropriate measures are taken.
Article 34
If the competent authority of the State of destination of a document so requests, a
translation certified as being in conformity with the original must be furnished. Unless
otherwise provided, the costs of such translation are to be borne by the prospective
adoptive parents.
Article 35
The competent authorities of the contracting States shall act expeditiously in the
process of adoption.
Article 36
In relation to a State which has two or more systems of law with regard to adoption
applicable in different territorial units —
(a) any reference to habitual residence in that State shall be construed
as referring to habitual residence in a territorial unit of that State;
(b) any reference to the law of that State shall be construed as
referring to the law in force in the relevant territorial unit;
Adoption Act 1984 Schedule 2A



c AT 14 of 1984 Page 55

(c) any reference to the competent authorities or to the public
authorities of that State shall be construed as referring to those
authorised to act in the relevant territorial unit;
(d) any reference to the accredited bodies of that State shall be
construed as referring to bodies accredited in the relevant
territorial unit.
Article 37
In relation to a State which with regard to adoption has two or more systems of law
applicable to different categories of persons, any reference to the law of that State shall
be construed as referring to the legal system specified by the law of that State.
Article 38
A State within which different territorial units have their own rules of law in respect of
adoption shall not be bound to apply the Convention where a State with a unified
system of law would not be bound to do so.
Article 39
1. The convention does not affect any international instrument to which
Contracting States are Parties and which contains provisions on matters governed by
the Convention, unless a contrary declaration is made by the States parties to such
instrument.
2. Any Contracting State may enter into agreements with one or more other
Contracting States, with a view to improving the application of the Convention in their
mutual relations. These agreements may derogate only from the provisions of Articles
14 to 16 and 18 to 21. The States which have concluded such an agreement shall
transmit a copy to the depositary of the Convention.
Article 40
No reservation to the Convention shall be permitted.
Article 41
The Convention shall apply in every case where an application pursuant to Article 14
has been received after the Convention has entered into force in the receiving State and
the State of origin.
Article 42
The Secretary General of the Hague Conference on Private International Law shall at
regular intervals convene a Special Commission in order to review the practical
operation of the Convention.
Schedule 3
Adoption Act 1984


Page 56 AT 14 of 1984 c

SCHEDULE 3

TRANSITIONAL PROVISIONS AND SAVINGS

Section 59(1) [P1976/36/Sch 2]
General
1. In so far as anything done under an enactment repealed by this Act could have
been done under a corresponding provision of this Act it shall not be invalidated by
the repeal but shall have effect as if done under that provision.
2. Where any period of time specified in an enactment repealed by this Act is
current at the commencement of this Act, this Act shall have effect as if the
corresponding provision thereof had been in force when that period began to run.
3. Nothing in this Act shall affect the enactments repealed by this Act in their
operation in relation to offences committed before the commencement of this Act.
4. Any reference in any document, whether express or implied, to any enactment
repealed by this Act shall, unless the context otherwise requires, be construed as a
reference to the corresponding enactment of this Act.
5. (1) Without prejudice to paragraph 1, an adoption order made under an
enactment at any time before this Act comes into force shall not cease to have effect by
virtue only of a repeal effected by this Act.
(2) Paragraph 4(l) and (2) of Schedule 2 shall apply in relation to an adoption
order made before this Act came into force as if the order had been made under
section 1, but as if, in sub-paragraph (1)(b) of the said paragraph 4, there were
substituted for the reference to paragraph 1(3) and (4) a reference —
(a) in the case of an order under the Adoption of Children Act 1928, to
section 13(3) of that Act;
(b) in the case of an order under the Adoption Act 1953, to
section 15(3) and (4) of that Act;
(c) in the case of an order under the Adoption Act 1962, to
section 18(4) and (5) of that Act.
(3) The power of the court under the said paragraph 4(l) to amend an order
includes power, in relation to an order made before the 19th June 1962, to make on the
application of the adopter or adopted person any such amendment of the particulars
contained in the order as appears to be required to bring the order into the form in
which it would have been made if paragraph 1 of Schedule 2 had applied to the order.
(4) Section 40(l) and paragraph 6 of Schedule 2 shall apply in relation to an
adoption order made under an enactment at any time before this Act came into force as
they apply in relation to an adoption order made under this Act.
Adoption Act 1984 Schedule 3



c AT 14 of 1984 Page 57

Rights relating to property
6. (1) Section 29 —
(a) does not apply to an existing instrument or enactment in so far as
it contains a disposition of property; and
(b) does not apply to any Act (other than a private Act settling
property) in its application to any disposition of property in an
existing instrument or enactment.
(2) Sections 14 and 15 of the Adoption Act 1962, and provisions containing
references to those sections shall continue to apply in relation to dispositions of
property effected by existing instruments notwithstanding the repeal of those sections,
and such provisions, by this Act.
(3) Section 34 shall apply in relation to this paragraph as if it were contained
in Part III.
7. [Repealed]126

Protected children
8. A child who immediately before the commencement of section 22 is a protected
child within the meaning of section 24 of the Adoption Act 1962 shall be deemed to be a
protected child for the purposes of Part II.
9. [Repealed]127

Registers of adoptions
10. Any register or index to a register kept under the Adoption Act 1962, or any
register or index deemed to be part of such a register, shall be deemed to be part of the
register kept under section 38.
Saving for Interpretation Act 1976
11. It Nothing in this Act shall prejudice or affect the provisions of sections 15 and
16 of the Interpretation Act 1976 (effect of repeals and substituting provisions).

Schedule 4
Adoption Act 1984


Page 58 AT 14 of 1984 c

SCHEDULE 4

CONSEQUENTIAL AMENDMENTS

Section 59(2)
[Sch 4 amended by Family Law Act 1991 Sch 6 and by Children and Young Persons Act
2001 Sch 13, and amends the following Order —
Social Security Legislation (Application) (No. 3) Order 1975 (GC154/75).]
SCHEDULE 5
128

Adoption Act 1984 Endnotes


c AT 14 of 1984 Page 59

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) substituted by Family Law Act 1991 s 29. 2
Subs (2) substituted by Family Law Act 1991 s 29. 3
Para (b) amended by Children and Young Persons Act 2001 Sch 12. 4
Subs (3) substituted by Family Law Act 1991 s 29. 5
Subs (4) amended by Family Law Act 1991 Sch 5. 6
Subs (5A) inserted by Civil Partnership Act 2011 Sch 8. 7
Subs (3) amended by Civil Partnership Act 2011 Sch 8. 8
Para (b) substituted by Health and Social Security Act 1986 Sch 2 and amended by
SD359/11 and by SD2014/08. 9
Subs (4) added by Adoption (Amendment) Act 2001 s 6. 10
S 3 heading amended by Civil Partnership Act 2011 Sch 8. 11
Subs (1) amended by Family Law Act 1991 Sch 6 and by Civil Partnership Act 2011
Sch 8. 12
Subs (2) amended by Civil Partnership Act 2011 Sch 8. Para (b) amended by
Adoption (Amendment) Act 2001 Sch 2. 13
S 3 amended by Civil Partnership Act 2011 Sch 8. Subs (3) repealed by Family Law
Act 1991 Sch 6. 14
Subs (1) substituted by Civil Partnership Act 2011 Sch 8. 15
Para (b) amended by Adoption (Amendment) Act 2001 Sch 2. 16
Subs (4) repealed by Family Law Act 1991 Sch 6. 17
Subs (2A) inserted by Adoption (Amendment) Act 2001 s 10. Para (d) added by
Administration of Justice Act 2008 Sch 2. 18
Subs (3) repealed by Adoption (Amendment) Act 2001 Schs 2 and 3.
Endnotes Adoption Act 1984


Page 60 AT 14 of 1984 c

19
S 6 substituted by Adoption (Amendment) Act 2001 s 1. 20
S 6A inserted by Adoption (Amendment) Act 2001 s 1. 21
S 6B inserted by Adoption (Amendment) Act 2001 s 1. 22
Subs (1) amended by Health and Social Security Act 1986 Sch 2. 23
Subs (2) amended by Health and Social Security Act 1986 Sch 2. 24
Subs (3) amended by Health and Social Security Act 1986 Sch 2. 25
S 11 repealed by Family Law Act 1991 Sch 6. 26
Subs (1) amended by Health and Social Security Act 1986 Sch 2. 27
Subs (1A) inserted by Regulation of Care Act 2013 s 188. 28
Subs (1B) inserted by Regulation of Care Act 2013 s 188. 29
Subs (2) amended by Health and Social Security Act 1986 Sch 2. 30
Subs (2A) inserted by Adoption (Amendment) Act 2001 s 5. 31
Subs (2B) inserted by Adoption (Amendment) Act 2001 s 5. 32
Subs (3) amended by Health and Social Security Act 1986 Sch 2. 33
Subs (5) amended by Treasury Act 1985 Sch 2 and by Health and Social Security Act
1986 Sch 2. 34
S 15 amended by Health and Social Security Act 1986 Sch 2. 35
Subs (4) amended by Statute Law Revision Act 1997 Sch 1. 36
Para (b) amended by Health and Social Security Act 1986 Sch 2. 37
Subs (2) amended by Health and Social Security Act 1986 Sch 2. 38
Subs (3) amended by Adoption (Amendment) Act 2001 Sch 2. 39
Subs (4) repealed by Adoption (Amendment) Act 2001 Schs 2 and 3. 40
Subs (5) amended by Health and Social Security Act 1986 Sch 2. 41
Subs (7) amended by Health and Social Security Act 1986 Sch 2. 42
Subs (1) amended by Health and Social Security Act 1986 Sch 2 and by Adoption
(Amendment) Act 2001 Sch 2. 43
Subs (2) amended by Adoption (Amendment) Act 2001 Sch 2. 44
Subs (3) amended by Children and Young Persons Act 2001 Sch 12. 45
Subs (1) amended by Health and Social Security Act 1986 Sch 2. 46
Para (a) amended by Statute Law Revision Act 1997 Sch 2. 47
Para (b) amended by Adoption (Amendment) Act 2001 Sch 2. 48
Para (c) substituted by Nursing and Residential Homes Act 1988 Sch 2 and amended
by Adoption (Amendment) Act 2001 Sch 2 and by Regulation of Care Act 2013 s 189. 49
Para (a) amended by Children and Young Persons Act 2001 Sch 12. 50
Para (b) amended by Health and Social Security Act 1986 Sch 2. 51
Subpara (ii) substituted by Family Law Act 1991 Sch 5 and amended by Children and
Young Persons Act 2001 Sch 12. 52
Subparas (iii) and (iv) repealed by Family Law Act 1991 Sch 5. 53
Subs (1) amended by Health and Social Security Act 1986 Sch 2. 54
Subs (2) substituted by Children and Young Persons Act 2001 Sch 12. 55
S 24 repealed by Children and Young Persons Act 2001 Sch 13. 56
Subs (1) amended by Health and Social Security Act 1986 Sch 2.
Adoption Act 1984 Endnotes


c AT 14 of 1984 Page 61

57
Subs (2) amended by Health and Social Security Act 1986 Sch 2. 58
Subs (1) repealed by Children and Young Persons Act 2001 Sch 13. 59
Subss (3) and (4) repealed by Children and Young Persons Act 2001 Sch 13. 60
Para (cc) inserted by Adoption (Amendment) Act 2001 s 2. 61
Para (a) amended by Civil Partnership Act 2011 Sch 8. 62
Para (b) amended by Civil Partnership Act 2011 Sch 8. 63
Subs (2) amended by Adoption (Amendment) Act 2001 s 2. 64
Subs (3A) inserted by Adoption (Amendment) Act 2001 s 2. 65
Subs (3B) inserted by Adoption (Amendment) Act 2001 s 2. 66
Subs (1) amended by Sexual Offences Act 1992 Sch 3 and by Civil Partnership Act
2011 Sch 8. 67
Para (d) amended by Family Law Act 1991 Sch 5. 68
Subss (3) to (5) repealed by Family Law Act 1991 Sch 6. 69
Subs (1) amended by Adoption (Amendment) Act 2001 s 7. 70
Subs (3) amended by Marriage and Civil Registration (Amendment) Act 2011 Sch 3. 71
Subs (2) amended by Civil Partnership Act 2011 Sch 8. 72
Subs (3) amended by Health and Social Security Act 1986 Sch 2. 73
Para (a) amended by Health and Social Security Act 1986 Sch 2. 74
Subs (5) amended by Health and Social Security Act 1986 Sch 2. 75
Subs (6) amended by Health and Social Security Act 1986 Sch 2. 76
Subs (6A) inserted by Statute Law Revision Act 1992 Sch 1. 77
Subs (3) repealed by Adoption (Amendment) Act 2001 Sch 2. 78
Subs (1) substituted by Adoption (Amendment) Act 2001 s 3. 79
Subs (4) amended by Adoption (Amendment) Act 2001 s 3 and Sch 3. 80
Subs (1) amended by Adoption (Amendment) Act 2001 Sch 3. 81
Subs (2) amended by Adoption (Amendment) Act 2001 Sch 3. 82
Definition of “relevant time” repealed by Adoption (Amendment) Act 2001 s 3 and
Sch 3. 83
Definition of “specified provisions” repealed by Adoption (Amendment) Act 2001 s 3
and Sch 3. 84
Subs (1) amended by Children and Young Persons Act 2001 Sch 12. 85
Para (b) repealed by Statute Law Revision Act 1997 Sch 2. 86
Para (c) repealed by Children and Young Persons Act 2001 Sch 13. 87
S 44A inserted by Adoption (Amendment) Act 2001 s 9. 88
Subs (2) amended by Children and Young Persons Act 2001 Sch 13. 89
Para (a) amended by Health and Social Security Act 1986 s 5. 90
Subs (1) substituted by Adoption (Amendment) Act 2001 s 3. 91
Subs (1) amended by Adoption (Amendment) Act 2001 Sch 3. 92
Para (a) substituted by Adoption (Amendment) Act 2001 Sch 2. 93
S 49A inserted by Family Law Act 1991 s 18. Subs (4) substituted by Matrimonial
Proceedings Act 2003 Sch 5. 94
S 50 amended by Family Law Act 1991 Sch 5.
Endnotes Adoption Act 1984


Page 62 AT 14 of 1984 c

95
Subs (1) amended by Administration of Justice Act 2008 s 30(5)(a) and (b). 96
S 53 amended by Administration of Justice Act 2008 s 30(5)(a). Subs (2) added by
Administration of Justice Act 2008 s 30(5)(c). 97
S 56 repealed by Adoption (Amendment) Act 2001 Schs 2 and 3. 98
Definition of “adoption agency” amended by Health and Social Security Act 1986 Sch
2. 99
Definition of “authorised officer” amended by Health and Social Security Act 1986
Sch 2. 100
Definition of “the Board” repealed by Health and Social Security Act 1986 Sch 2. 101
Definition of “the Board of Education” repealed by GC140/90. 102
Definition of “the Convention” substituted by Adoption (Amendment) Act 2001 s 4. 103
Definition of “Convention adoption” inserted by Adoption (Amendment) Act 2001 s
4. 104
Definition of “Convention adoption order” substituted by Adoption (Amendment)
Act 2001 s 4. 105
Definition of “Convention country” substituted by Adoption (Amendment) Act
2001 s 4. 106
Definition of “couple” inserted by Civil Partnership Act 2011 Sch 8. 107
Definition of “the Department” inserted by Health and Social Security Act 1986 Sch
2 and amended by SD155/10 Sch 6 and by SD2014/08. 108
Para (b) substituted by Family Law Act 1991 Sch 5. 109
Definition of “parental responsibility”, previously “the parental rights and duties”,
substituted by Children and Young Persons Act 2001 Sch 12. 110
Definition of “place of safety” repealed by Children and Young Persons Act 2001
Sch 13. 111
Definition of “regulated adoption” repealed by Adoption (Amendment) Act 2001
Sch 3. 112
Definition of “relative” amended by Civil Partnership Act 2011 Sch 8. 113
Definition of “specified order” repealed by Adoption (Amendment) Act 2001 Sch 3. 114
Subs (1A) inserted by Adoption (Amendment) Act 2001 s 4. 115
Subs (2) amended by Adoption (Amendment) Act 2001 Sch 2. 116
Subs (4) added by Adoption (Amendment) Act 2001 s 8. 117
Subs (5) added by Adoption (Amendment) Act 2001 s 8. 118
Subs (3) repealed by Statute Law Revision Act 1992 Sch 2. 119
S 60 amended by Health and Social Security Act 1986 Sch 2 and by Statute Law
Revision Act 1997 Sch 2. 120
ADO (whole Act, except ss 4(2)(b), 5(3), 6, 40(3), 41, 42, 47(1), 56, Sch 2 para 1(2))
1/1/1986 (GC277/85);(remaining extant provisions - ss 4(2)(b), 6, 41, 42, 47(1)) 1/10/2003
(SD166/03). 121
Sch 1 repealed by Family Law Act 1991 Sch 6. 122
Subpara (2) repealed by Adoption (Amendment) Act 2001 s 7 and Sch 3. 123
Para 3 and cross-heading substituted by Adoption (Amendment) Act 2001 s 7. 124
Item (a) amended by Adoption (Amendment) Act 2001 s 7.
Adoption Act 1984 Endnotes


c AT 14 of 1984 Page 63

125
Sch 2A inserted by Adoption (Amendment) Act 2001 Sch 1. 126
Para 7 repealed by Family Law Act 1991 Sch 6. 127
Para 9 repealed by Family Law Act 1991 Sch 6. 128
Sch 5 repealed by Statute Law Revision Act 1992 Sch 2.