Statutory Instrument 2003 No. 183 (L. 1)

      The Adoption (Amendment) Rules 2003

      © Crown Copyright 2003

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STATUTORY INSTRUMENTS

2003 No. 183 (L. 1)

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

The Adoption (Amendment) Rules 2003

  Made 31st January 2003 
  Laid before Parliament 3rd February 2003 
  Coming into force in accordance with rule 1

The Lord Chancellor, in exercise of the powers conferred upon him by sections 65(1), 66(1) and 67(1) of the Adoption Act 1976[1], makes the following Rules:

Citation and commencement
     1. These Rules may be cited as the Adoption (Amendment) Rules 2003 and shall come into force - 

    (a) for the purposes of rules 2, 18 and this rule on 24th February 2003; and

    (b) for all other purposes on 1st June 2003.

Interpretation
     2. In this rule and in the following rules - 

    (a) "the Rules" means the Adoption Rules 1984[2];

    (b) a rule or Schedule referred to by number means the rule or Schedule so numbered in the Rules; and

    (c) a Form referred to by number means the Form so numbered in Schedule 1 to the Rules.

Amendments to the Adoption Rules 1984
     3. In rule 2

    (1)  - 

      "CA of the State of origin" means, in relation to a Convention country other than the United Kingdom, the Central Authority of the State of origin;

      "Central Authority" means, in relation to England, the Secretary of State for Health, and in relation to Wales, the National Assembly for Wales;";

    (b) after the definition of "children's guardian" insert - 

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

    (c) for the definition of "Convention proceedings" substitute - 

      " "Convention proceedings" means proceedings in the High Court or a county court for a Convention adoption order or in connection with a Convention adoption order or a Convention adoption[4];";

    (d) after the definition of "the court" insert - 

      " "Hague Convention Regulations" means the Intercountry Adoption (Hague Convention) Regulations 2003[5];";

    (e) in the definition of "proper officer" omit the second "and";

    (f) after the definition of "proper officer" insert - 

      " "receiving State" means the state in which it is proposed that the child will become habitually resident;";

    (g) in the definition of "reporting officer" for "Act." insert "Act; and"; and

    (h) after the definition of "reporting officer" insert - 

      " "State of origin" means the state in which the child is habitually resident.".

     4. In rule 3 - 

     5. In rule 18 - 

     6. In rule 27 - 

     7. Omit rule 29.

     8. For rule 30 substitute - 

     9. Omit rules 31, 32 and 33.

     10. In rules 34(1) and 35(1)(b) for "a national" substitute "habitually resident".

     11. Omit rule 36.

     12. After rule 37 insert - 

     13. In rule 39(2) omit ", subject to rule 42,".

     14. In rule 40 - 

     15. In rule 41 - 

     16. Omit rules 42 and 43.

     17. After rule 47 insert - 

     18. In rule 51 - 

        " (3) Except in the case of an appeal against a decision of an authorised court officer (to which rules 47.20 to 47.23 of the Civil Procedure Rules apply), an appeal against a decision in assessment proceedings relating to costs in proceedings under the Act shall be dealt with in accordance with the following paragraphs of this rule.

        (4) An appeal within paragraph (3) shall lie as follows - 

      (a) where the decision appealed against was made by a district judge of the High Court or a costs judge (as defined by rule 43.2(1)(b) of the Civil Procedure Rules), to a judge of the High Court; or

      (b) where the decision appealed against was made by a district judge of a county court, to a judge of that court.

        (5) Part 52 of the Civil Procedure Rules applies to every appeal within paragraph (3), and any reference in Part 52 to a judge or a district judge shall be taken to include a district judge of the Principal Registry of the Family Division.

        (6) The Civil Procedure Rules shall apply to an appeal to which Part 52 or rules 47.20 to 47.23 of those Rules apply in accordance with paragraph (3) in the same way as they apply to any other appeal within Part 52 or rules 47.20 to 47.23 as the case may be; accordingly the Rules of the Supreme Court 1965 and the County Court Rules 1981 shall not apply to any such appeal.".

     19. In rule 52 - 

     20. In Form 6 - 

     21. In Form 7 - 

     22. In Form 8 - 

     23. In the notes to Form 9 omit "annulled or revoked under section 52(1) or 53(1)" and substitute "revoked under 52(1) or annulled under section 53(1)".

     24. In Form 10 - 

     25. In Form 15 in the penultimate paragraph omit "(and that the entry shall be marked with the words "Convention Order")".

     26. After Form 15 insert Forms 15A and 15B set out in the Schedule to these Rules.

     27. In Schedule 2 - 

     28. In Schedule 4 omit paragraphs 26 to 28 and the notes relating to those paragraphs substitute - 


Irvine of Lairg,
C.

Dated 31st January 2003



SCHEDULE
Rule 21

Form 15A

Application to the High Court for a direction under s.39(3A) of the Adoption Act 1976

IN THE HIGH COURT OF JUSTICE

PRINCIPAL REGISTRY OF THE FAMILY DIVISION

NO. AA of 20

CS of 20

IN THE MATTER OF THE ADOPTION ACT 1976

IN THE MATTER OF

A CHILD

Note: Enter the full name by which the adopted person has been known since the adoption. Let

of

attend at the Royal Courts of Justice, Strand, London WC2A 2LL on a date to be fixed for the hearing of the application

of

of

for: - 
Note: Enter the description and authority by which the Convention adoption was authorised.      1. A direction that a Convention adoption which was authorised

on the day of [19 ][20 ]

at

by which
Note: 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. (and    )

was (or were) authorised to adopt the said

was not, under the law of the country in which the adoption was effected, a full adoption; (that the consents referred to in Articles 4(c) and (d) of the Convention have not been given for a full adoption) (that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention)); and that it would be more favourable for the said

if a direction under section 39(3A) of the Adoption Act 1976 was given.
Note: Please insert details of the extent to which s.39(2) of the Adoption Act 1976 should not apply.      2. A direction that section 39(2) of the Adoption Act 1976 shall not apply to the said

(to the extent that    ).
          3. An order that the costs of this application be provided for.

Dated this day of     20

This summons was taken out by

of     ,

solicitor for the     .
     This form is for use if the applicant claims that the Convention adoption is not, under the law of the country that made the adoption, a full adoption; that the consents required under Articles 4(c) and (d) of the Convention have not been given for a full adoption (or the UK is not the receiving State within the meaning of Article 2 of the Convention); and that it would be more favourable to the child if a direction was given under s.39 (3A) of the Adoption Act 1976.

Form 15B

Direction of the High Court that s.39(2) of the Adoption Act 1976 should not apply, or should apply to such extent as is directed by the court

IN THE HIGH COURT OF JUSTICE

PRINCIPAL REGISTRY OF THE FAMILY DIVISION

NO. AA of 20

CS of 20

IN THE MATTER OF THE ADOPTION ACT 1976

IN THE MATTER OF

A CHILD

Note: Enter the full name by which the adopted person has been known since the adoption.     
     Upon the application of      and upon hearing      and upon hearing      (and upon reading     ).
     The High Court is satisfied that: - 
Note: Enter the date and the country within which the Convention adoption was made.      1. The adoption of the said

was effected as a Convention adoption

on the day of [19 ] [20 ]

in

     ; and
          2. Under the law of that country the adoption was not effected as a full adoption;

and
Note: *Delete as appropriate.      3. *(The consents referred to in Articles 4(c) and (d) of the Convention have not been given for a full adoption) *(The United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention)); and
          4. In all the circumstances it would be more favourable for the said     ,

for a direction to be given under section 39(3A) of the Adoption Act 1976.
Note: *Delete as appropriate. It is hereby directed that: - 

*(Section 39(2) of the Adoption Act 1976 shall not apply to the said     ).

*(Section 39(2) of the Adoption Act 1976 shall apply to the said     ,

with the following modifications:     ).

(and as regards costs it is ordered that     ).

Dated this day of 20


EXPLANATORY NOTE

(This note is not part of the Rules)


These Rules amend the Adoption Rules 1984 following the implementation of the Adoption (Intercountry Aspects) Act 1999 and the ratification of the 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. In conjunction with the Intercountry Adoption (Hague Convention) Regulations 2003, these Rules implement that Convention.

The amendments to the Adoption Rules apply to Convention proceedings commenced on or after 1st June 2003. The amending Rules:

    (a) make provision for a children's guardian to be appointed for the child when an application for a Convention adoption order is made (rule 5);

    (b) allow for applications to be made to annul a Convention adoption order and for directions to be given in respect of an application where a full adoption has not been made (rule 12);

    (c) outline the circumstances in which an application can be made to return the child and for specific applications such as permitting the child to be known by a new surname or to be removed from the jurisdiction (rule 17);

    (d) make amendments to the forms prescribed by the Adoption Rules 1984.

Rule 18 amends the Adoption Rules 1984 to provide for the assessment of costs in adoption proceedings. It provides that, as in civil proceedings generally, an appeal arising out of the assessment of costs is dealt with:

    (a) under rules 47.20 to 47.23 of the Civil Procedure Rules 1998 as at present, where the appeal is against a decision of an authorised costs officer; and

    (b) under Part 52 of those Rules, otherwise.

In either case the appeal is made subject to the Civil Procedure Rules 1998 rather than to the Rules of the Supreme Court or the County Court Rules. Appeals dealt with under Part 52 lie from a district judge or other officer of the court to a judge of the same court.

Notes:

 [1] 1976 c. 36; section 65 is amended by the Criminal Justice and Court Services Act 2000 (c. 43), Schedule 7, Part II, paragraphs 51 and 52 and Schedule 8.back

[2] S.I. 1984/265 amended by S.I. 1991/1880, 1999/1477 and 2001/819.back

[3] The term "Convention country" is defined in section 72(1) of the Adoption Act 1976 (c. 36) as amended by section 8 of the Adoption (Intercountry Aspects) Act 1999 (c. 18).back

[4] The terms "Convention adoption order" and "Convention adoption" are defined in section 72(1) of the Adoption Act 1976 as amended by section 8 of the Adoption (Intercountry Aspects) Act 1999.back

[5] S.I. 2003/118.back

[6] Section 53(1) was substituted by section 6(1) of the Adoption (Intercountry Aspects) Act 1999.back

[7] The reference is the Civil Procedure Rules 1998 (S.I. 1998/3132 as amended by S.I. 1999/1008, 2000/221, 940, 1317 and 2092 and 2001/256, 1388 and 1769).back

[8] 1978 c. 28. Section 18 has been amended by paragraph 11(d) of Schedule 2 to the Children (Scotland) Act 1995 (c. 36).back

[9] S.I. 1987/2203 (NI 22).back

[10] Section 56A was substituted by paragraph 12 of Schedule 4 to the Adoption and Children Act 2002 (c. 38).back

[11] 1981 c. 61.back


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Prepared 20 February 2003