Regulation 20 Procedure where proposed adoption is not to proceedI1

England and Wales

(1)

If, at any stage before the agreement under Article 17(c) of the Convention is made, the CA of the State of origin notifies the relevant Central Authority that it has decided the proposed placement should not proceed—

(a)

the relevant Central Authority must inform the adoption agency of the CA of the State of origin’s decision;

(b)

the agency must then inform the prospective adopter and return the Article 16 Information to the relevant Central Authority; and

(c)

the relevant Central Authority must then return those documents to the CA of the State of origin.

(2)

Where at any stage before the adoption agency receives notification of the agreement under Article 17(c) of the Convention the approval of the prospective adopter is reviewed under F1regulation 30D of the Agencies Regulations or corresponding Welsh provision, and as a consequence, the agency determines that the prospective adopter is no longer suitable to adopt a child—

(a)

the agency must inform the relevant Central Authority and return the documents referred to in regulation 19(1);

(b)

the relevant Central Authority must notify the CA of the State of origin and return those documents.

(3)

If, at any stage F2before any Convention adoption is made and before the child’s entry into the United Kingdom, the prospective adopter notifies the adoption agency that he does not wish to proceed with the adoption of the child—

(a)

that agency must inform the relevant Central Authority and return the documents to that Authority; and

(b)

the relevant Central Authority must notify the CA of the State of origin of the prospective adopter’s decision and return the documents to the CA of the State of origin.

Annotations

Textual amendments

F1: Words in reg. 20(2) substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), reg. 1, Sch. para. 2(11)
F2: Words in reg. 20(3) substituted (23.10.2009) by The Adoptions with a Foreign Element (Amendment) Regulations 2009 (S.I. 2009/2563), regs. 1(1), 2(3)

Commencement

I1: Reg. 20 in force at 30.12.2005, see reg. 1(1)