Commentary on Sections Part 1 - Adoption Chapter 6 - Adoptions with a Foreign Element Section 85: Power to modify sections 82 and 84
Subsection (1) provides a power to provide by regulations that section 82 does not apply if the adopters or prospective adopters are natural parents, natural relatives or guardians or if the British resident in question is a partner of the parent of the child. Subsection (1) also enables conditions to be prescribed which would need to be met for a group to be excluded from the application of section 82. Different provision can be made in relation to different cases.
Subsection (2) provides a power to provide that section 84(1) applies with modifications or does not apply if the prospective adopters are parents, relatives or guardians of the child (or one of them is) or the prospective adopter is a partner of a parent of the child. Again, subsection (2) enables conditions to be prescribed which would need to be met for a group to be excluded from the application of section 84 or for section 84 to be modified in relation to that group. Different provision can also be made in relation to different cases.