Adoption (Intercountry Aspects) Bill - continued        House of Lords
Convention adoptions - continued

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Annulment of Convention adoptions etc.     6. - (1) For subsection (1) of section 53 of the 1976 Act (annulment etc. of overseas adoptions) there shall be substituted-
 
 
    "(1) The High 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.";
 and the same amendment shall be made to section 47 of the 1978 Act (corresponding provision for Scotland) except that for "the High Court" there shall substituted "the Court of Session".
      (2) In subsection (5) of each of those sections, after "validity of" there shall be inserted "a Convention adoption, a Convention adoption order,".
 
      (3) In subsection (4) of section 54 of the 1976 Act (provisions supplementary to sections 52(3) and 53), and in subsection (4) of section 48 of the 1978 Act (provisions supplementary to sections 46(2) and 47), the definitions of "notified provision" and "relevant time" shall cease to have effect.
 
      (4) For subsection (1) of section 59 of the 1976 Act (effect of determinations and orders made in Scotland and overseas in adoption proceedings) there shall be substituted-
 
 
    "(1) Where-
 
 
    (a) an authority of a Convention country (other than the United Kingdom) 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
 
    (b) an authority of any of the Channel Islands, the Isle of Man 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 53 and any subsequent determination having effect under this subsection, the determination shall have effect in England and Wales for the purpose of effecting, confirming or terminating the adoption in question or confirming its termination as the case may be.";
 
    and the same amendment shall be made to section 53 of the 1978 Act (effect of determinations and orders made in England and Wales and overseas in adoption proceedings) except that for "section 53" there shall be substituted "section 47" and for "England and Wales" there shall be substituted "Scotland".
Acquisition of British citizenship by Convention adoptions.     7. - (1) For subsection (5) of section 1 of the British Nationality Act 1981 (acquisition by birth or adoption) there shall be substituted-
 
 
    "(5) Where-
 
 
    (a) any court in the United Kingdom makes an order authorising the adoption of a minor who is not a British citizen; or
 
    (b) a minor who is not a British citizen is adopted under a Convention adoption,
  that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be.
 
      (5A) Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)-
 
 
    (a) the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and
 
    (b) in a case within subsection (5)(b), the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the United Kingdom."
      (2) In subsection (6) of that section, after "order" there shall be inserted "or a Convention adoption".
 
      (3) At the end of subsection (8) of that section there shall be inserted "and in this section "Convention adoption" has the same meaning as in the Adoption Act 1976 and the Adoption (Scotland) Act 1978".
 
Meaning of "Convention adoption" and related expressions in 1976 and 1978 Acts.     8. In subsection (1) of section 72 of the 1976 Act and section 65 of the 1978 Act (interpretation), for the definitions of "the Convention", "Convention adoption order" and "Convention country" there shall be substituted-
 
 
    ""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;
 
    "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;
 
    "Convention adoption order" means an adoption order made in accordance with section 17;
 
    "Convention country" means any country or territory in which the Convention is in force."
 
Intercountry adoptions
Adoption Service to include intercountry adoptions etc.     9. After subsection (3) of section 1 of the 1976 and 1978 Acts (establishment of Adoption Service) there shall be inserted-
 
 
    "(3A) In this Part, references to adoption are to the adoption of children, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands."
 
Approval of adoption societies to provide intercountry adoption services.     10. After subsection (6) of section 3 of the 1976 Act (approval of adoption societies) there shall be inserted-
 
 
    "(6A) Approval under this section may be given on terms that the applicant may act as an adoption society either-
 
 
    (a) in relation to facilities provided in respect of adoptions other than those mentioned in subsection (6B); or
 
    (b) in relation to facilities provided in respect of any adoptions, including those so mentioned.
      (6B) The adoptions 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."
Six months residence required for certain intercountry adoptions.     11. After subsection (3) of section 13 of the 1976 and 1978 Acts (child to live with adopters before order is made) there shall be inserted-
 
 
    "(4) 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,
  subsection (1) shall have effect as if the reference to the preceding 13 weeks were a reference to the preceding six months."
 
 
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