Article 17 Amendments to the Adoption Rules 1984

After rule 47 insert—

“Application for removal, return etc, of child in Convention proceedings

47A.

(1)

Paragraph (2) shall apply where—

(a)

a notice under regulation 18(1) of the Hague Convention Regulations has been given but has not been complied with; or

(b)

before such a notice was given an application for a Convention adoption order has been made and not disposed of.

(2)

Where this paragraph applies an application for the return of the child shall be made by the local authority to whom notice under section 22 of the Act was given by filing an originating process in the court or, where paragraph (1)(b) applies, by process on notice in the existing proceedings.

(3)

The respondents shall be—

(a)

the prospective adopter or adopters,

(b)

the children’s guardian,

(c)

the adoption agency

and the court may require notice of the application to be served on such other persons as it thinks fit, including the child, having regard to the child’s age and degree of maturity.

(4)

Any respondent who wishes to contest the notice shall, within 7 days of service of the notice upon him, file and serve an answer.

(5)

The proper officer shall list the case for hearing on a date not more than 21 days from the date the application under paragraph (2) was submitted to the court.

Specific applications in Convention proceedings

47B.

(1)

Where a Convention adoption order is to be or has been sought and has not been disposed of the applicant or proposed applicant may apply to the court for an order—

(a)

permitting the child to be known by a new surname, or

(b)

permitting the child to be removed from the United Kingdom for a period of one month or more.

(2)

The application under paragraph (1) shall be made—

(a)

if an application for a Convention adoption order under section 17 of the Act is pending, by process on notice in those proceedings; or

(b)

if no such application is pending, by filing an originating process in the court.

(3)

The proper officer shall serve a copy of the process and a notice of the date of the hearing—

(a)

in a case where proceedings for an adoption order are pending on all the parties to those proceedings and on the children’s guardian; and

(b)

in any other case, on the adoption agency and the local authority to whom notice under section 22 of the Act was given (if different).”.