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Litigation Letter

The Adoption (Intercountry Aspects) Act 1999 (Commencement No 10 Order 2000)

Made 10 January

This Order brought into force on 31 January, s13 of the Adoption (Intercountry Aspects) Act 1999 insofar as it inserts a new subsection (3A) into s72 of the Adoption Act 1976. Section 72(3) interprets making arrangements for the adoption of a child for the purposes of the 1976 Act and subsection (3A) provides that making arrangements for adoption includes arrangements for an assessment for the purpose of indicating whether or not a person is suitable to adopt a child. The effect is to put beyond doubt that in intercountry cases, a home study assessment report for the purposes of adoption must be prepared by or on behalf of an adoption agency. The amendment should be read with ss11 and 57 of the 1976 Act which deal with the restrictions on arranging adoptions and prohibitions on making certain payments in connection with the adoption of children.

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