# The Parental Orders (Human Fertilisation and Embryology) Regulations 1994, Schedule 1: APPLICATION OF ADOPTION ACT 1976 PROVISIONS WITH MODIFICATIONS TO PARENTAL ORDERS AND APPLICATIONS FOR SUCH ORDERS


Column 1
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provisions of the 1976 Act
modifications
Applications by Gamete Donors for a parental order
1 (a) Section 6 (duty to promote the welfare of the child)
(i) As if for the words “the adoption of a child” there were substituted the words “an application for a parental order”; and
(ii) as if the words “or adoption agency” were omitted.
(b) Section 12(1) to (3) (adoption orders)
(i) As if for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”;
(ii) as if in subsection (1) for the word “adopters” there were substituted the words “husband and wife” and as if for the words “an authorised” there were substituted the word “the”.
(c) Section 24(1) (restrictions on making adoption orders)
(i) As if for the words “an adoption order” there were substituted the words “a parental order”; and
(ii) as if for the words “a British adoption order” there were substituted the words “such an order”.
(d) Section 27(1) (restrictions on removal while application is pending)
As if for the words “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)” there were substituted the words “a parental order is pending”.
(e) Section 29 (return of a child taken away in breach of section 27 or 28 of the 1976 Act)
(i) As if for paragraphs (a) to (c) of subsections (1) and (2) there were substituted the words
“(a) section 27 as applied with modifications by regulation 2 of and paragraph 1(d) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994,
(b) section 27 of the Adoption (Scotland) Act 1978 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994,
(c) Article 28 of the Adoption (Northern Ireland) Order 1987 as applied with modifications by regulation 3 of and paragraph 2(d) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994.”; and
(ii) as if for the words “an authorised” there were substituted on each occasion they appear the word “the”.
Effect of a parental order
2 Section 39(1)(a), (2), (4) and (6) (status conferred by adoption)
(i) As if for the words “an adopted child” there were substituted, on each occasion they appear, the words “a child who is the subject of a parental order”;
(ii) as if in section 39(1)(a) the words “where the adopters are a married couple,” were omitted and for the words “child of the marriage” there were substituted the words “child of the marriage of the husband and wife”;
(iii) as if in section 39(2) for the word “adopters” there were substituted the words “persons who obtain the parental order” and the words “or adopter” and the words “subject to subsection (3),” were omitted;
(iv) as if in section 39(6) for the word “adoption” there were substituted the words “the making of the parental order” and the words “Subject to the provisions of this Part,” and “, or after 31st December 1975, whichever is the later” were omitted.
Interpretation of certain events consequent upon the making of a parental order
3 (a) Section 42 (rules of construction for instruments concerning property)
(i) As if in section 42(2) for the words “section 39(1)” there were substituted the words “section 39(1)(a) as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;
(ii) as if in section 42(2), for the words “of the adoptive parent or parents” there were substituted the words “in respect of whom the husband and wife have obtained a parental order”;
(iii) as if in section 42(2)(a) for the words “adopted child” there were substituted the words “child the subject of the parental order” and for the word “adoption” there were substituted the words “the parental order”;
(iv) as if in section 42(2)(b) for the words “adopted” there were substituted the words “in respect of whom parental orders were made”;
(v) as if in section 42(4) for the word “adoption” there were substituted the words “making of the parental order” and for the words “adopted child” there were substituted the words “child the subject of the parental order”;
(vi) as if in section 42(5) for the word “adopt” there were substituted the words “obtain a parental order in respect of ” and as if after the words in section 42(4) “ section 39(2)” and, in section 42(5) “section 39”, there were inserted the words “as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
(b) Section 44 (property devolving with peerages etc)
As if for the words “an adoption” on each occasion they appear there were substituted the words “the making of a parental order”.
(c) Section 45 (protection of trustees and personal representatives)
As if in section 45(1) for the words “adoption has been effected” there were substituted the words “parental order has been made”.
(d) Section 46 (meaning of “disposition”)
(i) As if for the words “this Part” on each occasion they appear and in section 46(5) the words “the Part”, there were substituted the words “sections 39, 42, 44, 45 and 47 as applied with modifications by regulation 2 of and paragraphs 2 and 3(a), (b), (c) and (e) respectively of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and
(ii) as if in section 46(2) for the word “applies” there were substituted the word “apply”.
(e) Section 47 (miscellaneous enactments)
(i) As if for subsection (1) there were substituted the words
“(1) Section 39(2) as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s mother or father before the order was made, for the purposes of the table of kindred and affinity in Schedule 1 to the Marriage Act 1949 and of Sections 10 and 11 (incest) of the Sexual Offences Act 1956” and
(ii) as if in subsection (2) for the words “Section 39” there were substituted the words “Section 39 as applied with modifications by regulation 2 of and paragraph 2 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
Registration
4 (a) Section 50 (Adopted Children Register)
(i) As if for the words “Adopted Children Register” on each occasion they appear, except on the second occasion in section 50(3), there were substituted the words “Parental Order Register”;
(ii) as if in section 50(1) for the words “adoption orders” there were substituted the words “parental orders”;
(iii) as if in section 50(2) for the word “adoption” there were substituted the words “parental order”;
(iv) as if in section 50(2) for the words “adopted person” there were substituted the words “person who is the subject of the parental order”;
(v) as if in section 50(3) for the words “every person shall be entitled to search that index and to have a certified copy of any entry in the Adopted Children Register in all respects upon and subject to the same terms” there were substituted the following words:
“the Registrar General shall—
(a) cause a search to be made of that index on behalf of any person or permit that person to search that index himself, and
(b) issue to any person a certified copy of any entry in the Parental Order Register, in all respects, except as to the entitlement of any person to search that index, upon and subject to the same terms”;
(vi) as if in section 50(4) for the words “marked “Adopted” ” there were substituted the words “marked “Re-registered by the Registrar General” pursuant to paragraph 1(3) of Schedule 1 as applied with modifications by regulation 2 of and paragraph 8(a) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;
(vii) as if in section 50(5) after the words “section 51” there were inserted the words “as applied with modifications by regulation 2 of and paragraph 4(b) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;
(viii) as if in section 50(5)(c) and (6) for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”; and
(ix) as if in section 50(7) for the words “adoptions and the amendment of adoption orders” there were substituted the words “parental orders and the amendment of such orders”.
(b) Section 51(1) to (6) and (9) (disclosure of birth records of adopted children)
(i) As if in section 51(1) for the words “an adopted person” there were substituted the words “a person who is the subject of a parental order”;
(ii) as if in section 51(2) for the words “an adopted person under the age of 18 years” there were substituted the words “a person who is the subject of a parental order and who is under the age of 18 years”;
(iii) as if section 51(3)(a)(i) and (d) were omitted;
(iv) as if in section 51(3)(a)(iii), (b)(ii) and (c)(ii) for the words “adoption order” there were substituted the words “parental order”;
(v) as if in section 51(4) for the words from “Where” to “1978” there were substituted the words “Where a person who is the subject of a parental order and who is in England and Wales applies for information under subsection (1),”; and
(vi) as if section 51(5)(a) and (c) were omitted.
Procedure
5 (a) Section 61(1) (evidence of agreement and consent)
(i) As if for the words “this Act” there were substituted the words “section 30 of the Human Fertilisation and Embryology Act 1990”;
(ii) as if the words “(other than an order to which section 17(6) applies)” were omitted; and
(iii) as if for the words “and, if the document signifying the agreement or consent is witnessed in accordance with rules, it” there were substituted “and any such written consent”.
(b) Section 63(2) (appeals etc)
(i) As if the words “Subject to subsection (3)” were omitted; and
(ii) as if for the words “this Act” there were substituted the words “section 30 of the Human Fertilisation and Embryology Act 1990”.
(c) Section 64 (proceedings to be in private)
As if for the words “under this Act” there were substituted the words “pursuant to section 30 of the Human Fertilisation and Embryology Act 1990”.
Orders, rules and regulations
6 Section 67(1), (2), (5) and (6) (orders, rules and regulations)
(i) As if after the words “this Act” on each occasion they appear, there were inserted the words “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”;
(ii) as if in section 67(2) the words “, except section 3(1),” were omitted; and
(iii) as if in section 67(6) after the words “paragraph 1(1)” there were inserted the words “as applied with modifications by regulation 2 of and paragraphs 4(b) and 8(a) respectively of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
Interpretation
7 Section 72(1) (interpretation)
(i) As if after the definition of “guardian” there were inserted the words ““husband and wife” means, in relation to the provisions of this Act as they have effect in relation to parental orders and applications for such orders, the husband and wife as defined in section 30 of the Human Fertilisation and Embryology Act 1990;”; and
(ii) as if after the definition of “parent” there were inserted the words ““parental order” means an order under section 30 of the Human Fertilisation and Embryology Act 1990;”.
Schedule 1 to the 1976 Act (registration of adoptions)
8 (a) Schedule 1, paragraph 1
(i) As if in paragraph 1(1) for the words “adoption order” there were substituted the words “parental order”;
(ii) as if in paragraph 1(1) for the words “Adopted Children Register” there were substituted the words “Parental Order Register”;
(iii) as if paragraph 1(2) were omitted;
(iv) as if in paragraph 1(3) for the words from “application to a court” to “time in force)” there were substituted the words “application to a court for a parental order”;
(v) as if in paragraph 1(3) for the words “any adoption order” there were substituted the words “any parental order”;
(vi) as if in paragraph 1(3) for the words “marked with the word “Adopted” ” there were substituted the words “marked with the words “Re-registered by the Registrar General” ”;
(vii) as if paragraph 1(4) were omitted; and
(viii) as if in paragraph 1(5) for the words “an adoption order” there were substituted the words “a parental order”.
(b) Schedule 1, paragraph 2
(i) As if in paragraph 2(1) for the words “an adoption order” there were substituted the words “a parental order”;
(ii) as if in paragraph 2(1) the words “or the Adopted Children Register” were omitted;
(iii) as if in paragraph 2(1) for the words ““Adopted (Scotland)” or, as the case may be, “Re-adopted (Scotland)” ” there were substituted the words ““Re-registered (Scotland)” ”;
(iv) as if in paragraph 2(1) the words from “and where, after an entry has been so marked” to the end of the sub-paragraph were omitted;
(v) as if in paragraph 2(2) for the words “register of adoptions” there were substituted the words “register of parental orders”;
(vi) as if in paragraph 2(2) for the words “an order has been made in that country authorising the adoption of a child” there were substituted the words “a parental order has been made in that country in respect of a child”;
(vii) as if in paragraph 2(2) the words “or the Adopted Children Register” were omitted;
(viii) as if in paragraph 2(2) for the words “marked with the word “Adopted” or “Re- adopted”, as the case may require” there were substituted the words “marked with the word “Re-registered” ”; and
(ix) as if in paragraph 2(3) for the words “so marked” there were substituted the words “marked in accordance with the provisions of sub-paragraph (1) or (2)”; and
(x) as if paragraph 2(4) and (5) were omitted.
(c) Schedule 1, paragraph 4
(i) As if for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”;
(ii) as if for the words “Adopted Children Register” on each occasion they appear there were substituted the words “Parental Order Register”;
(iii) as if in paragraph 4(1) for the words “adopter or of the adopted person” there were substituted the words “husband or wife or of the person who is the subject of the parental order”;
(iv) as if in paragraph 4(1)(a) for the words “adopter or the adopted person” there were substituted the words “husband or wife or the child who is the subject of the parental order”;
(v) as if in paragraph 4(1)(a) for the words “given to the adopted person” there were substituted the words “given to that child” and the words “, or taken by him,” were omitted;
(vi) as if in paragraph 4(1)(b) the words “or (4)” were omitted;
(vii) as if in paragraph 4(4) after the words “section 50” there were inserted the words “as applied with modifications by regulation 2 of and paragraph 4(a) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and
(viii) as if paragraph 4(5) were omitted.

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Source: https://www.legislation.gov.uk/uksi/1994/2767/schedule/1 (the official version)
Page: https://openlegislation.uk/parental-orders-human-fertilisation-and-embryology-regulations-1994/schedule-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.