Adoption Act 2010

63.

Transitional — foreign adoptions in process immediately before establishment day.

63.— (1) In this section, “foreign adoption” means a foreign adoption within the meaning of section 1 of the Adoption Act 1991.

(2) If, immediately before the establishment day, a foreign adoption described in the Adoption Act 1991 is not yet effected but is still in process as provided for under that Act—

( a) if the persons who applied under the Adoption Act 1991 had been issued with a declaration of eligibility and suitability before the establishment day, the adoption may proceed under this Act as if—

(i) it were commenced under this Act and the date of the issue of the declaration were that day,

(ii) the persons had applied under section 37 of this Act, and

(iii) section 40(1)( b) of this Act read “in another contracting state or a state that, in the opinion of the Authority, applied standards regarding the adoption concerned that accord with those in the Hague Convention”,

and

( b) in any other case,

the adoption may proceed under this Act as if it were commenced under this Act.