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Part 2ENTITLEMENT

Conditions of entitlement relating to parental or other personal relationship

5.—(1) The conditions prescribed for the purposes of section 171ZZ16(2)(a)(i) of the 1992 Act (as to parental or personal relationship with a child receiving neonatal care) are the conditions in paragraph (2) or (3).

(2) A person satisfies the conditions of this paragraph if—

(a)the person is—

(i)C’s parent,

(ii)the partner of C’s mother, or

(iii)an intended parent of C, and

(b)at the time of C’s birth, the person has or expects to have—

(i)if the person is the parent or intended parent of C, responsibility for the upbringing of C;

(ii)if the person is the partner of C’s mother, the main responsibility (apart from any responsibility of their partner) for the upbringing of C.

(3) A person satisfies the conditions of this paragraph if the person is—

(a)C’s adopter,

(b)C’s overseas adopter,

(c)C’s prospective adopter,

(d)the partner of C’s adopter or prospective adopter and at the time C is placed with the adopter or prospective adopter, the person has or expects to have the main responsibility (apart from any responsibility of their partner) for the upbringing of C, or

(e)the partner of C’s overseas adopter and at the time of C’s entry into Great Britain, the person has or expects to have the main responsibility (apart from any responsibility of their partner) for the upbringing of C.

(4) In this regulation and in regulation 6 and the Schedule—

“adopter” means a person the child has been placed with for adoption in accordance with the Adoption and Children Act 2002(1) or the Adoption and Children (Scotland) Act 2007(2);

“intended parent” means a person who on the day of the child’s birth—

(a)

has applied or intends to apply during the period of 6 months beginning with the day of the child’s birth—

(i)

with another person for an order under section 54 (parental orders: two applicants) of the Human Fertilisation and Embryology Act 2008(3) in respect of C, or

(ii)

as the sole applicant for an order under section 54A (parental orders: one applicant) of that Act(4) in respect of C, and

(b)

expects the court to make such an order on that application in respect of the child;

“official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certification to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming in either case that the overseas adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent;

“overseas adopter” means a person—

(a)

with whom the child is living, following the child’s entry into Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and

(b)

who has received official notification in respect of the child;

“P” means the child’s mother or a person who is an adopter, prospective adopter or overseas adopter;

“partner” means a person (whether of a different sex or the same sex) who lives with P in an enduring family relationship but is not a relative of P of a kind specified in paragraph (5);

“prospective adopter” means a person—

(a)

who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005(5) or regulation 30B(4) of the Adoption Agencies (Wales) Regulations 2005(6), and

(b)

with whom the child has been placed, either—

(i)

in accordance with section 22C of the Children Act 1989(7) (ways in which looked after children are to be accommodated and maintained), following consideration in accordance with subsection (9B)(c) of that section, or

(ii)

in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014(8);

“relevant domestic authority” means—

(a)

in the case of an overseas adopter to whom Part 3 of the Adoptions with a Foreign Element Regulations 2005(9) apply and who is habitually resident in Wales, the Welsh Ministers,

(b)

in the case of an overseas adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009(10) apply and who is habitually resident in Scotland, the Scottish Ministers, and

(c)

in any other case, the Secretary of State;

(5) The relatives of P referred to in the definition of “partner” in paragraph (4) are P’s parent, grandparent, grandchild, sibling, aunt, uncle, niece or nephew.

(6) References to the relatives of P in paragraph (5)—

(a)are references to relationships of the full blood or half blood,

(b)in the case of an adopted person, include such of those relationships as would exist but for the adoption, and

(c)include the relationship of a child with their adoptive, or former adoptive, parents but do not include any other adoptive relationships.

(3)

2008 c. 22. Section 54 was amended by paragraph 206 of Schedule 11 to the Crime and Courts Act 2013 (c. 22); part 1 of Schedule 9 to the Justice Act (Northern Ireland) 2015 (c. 9) and S.I. 2018/1413.

(4)

Section 54A was inserted by S.I. 2018/1413.

(5)

S.I. 2005/389; regulation 30B was inserted by S.I. 2013/985.

(6)

S.I. 2005/1313 (W. 95); regulation 30B was inserted by S.I. 2020/163.

(7)

1989 c. 41. Section 22C was inserted by section 8 of the Children and Young Persons Act 2008 (c. 23) and amended by section 2, and paragraph 29 of Schedule 2, to the Children and Families Act 2014 (c. 6), S.I. 2016/413 (W. 131) and S.I. 2018/195 (W. 44).

(8)

2014 anaw. 4. Section 81 was amended by S.I. 2017/1025 (W. 263).

(9)

S.I. 2005/392, to which there are amendments not relevant to these Regulations.

(10)

S.S.I. 2009/182, to which there are amendments not relevant to these Regulations.