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Adoption (Amendment) Rules 2003 No. 183
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| Summary: |
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.
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| Made Under: |
Adoption Act 1976 (C. 36) - sections 65(1), 66(1) and 67(1)
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