Wales has approved targeted amendments to its adoption regulatory framework. The Regulated Adoption Services (Service Providers and Responsible Individuals) and Adoption Support Services (Local Authorities) (Miscellaneous Amendments) (Wales) Regulations 2026 were made on 25 February 2026 and come into force on 1 April 2026, following Senedd Cymru approval under section 187(2)(b) of the Regulation and Inspection of Social Care (Wales) Act 2016, as set out on legislation.gov.uk.
Regulation 3 updates the 2019 Regulated Adoption Services Regulations on what falls outside the definition of an adoption service for the 2016 Act. Where adoption support is delivered solely under a contract for services with a registered adoption service or a local authority adoption service, it is not treated as an adoption service. Counselling in relation to adoption provided solely to individuals aged 18 and over is also excluded. The change applies irrespective of provider legal form, including individuals, partnerships and companies.
Policy Wire analysis: The contract-only route reduces duplication for commissioned providers who support adopters on behalf of local authorities or registered services. Independent counsellors working exclusively with adults will fall outside adoption service registration; providers engaging with children or offering services directly to the public should continue to assess whether registration is required by reference to the 2016 Act and the 2019 Regulations.
The 2005 Adoption Support Services (Local Authorities) Regulations are also amended. A definition of birth parent is inserted to mirror the natural parent concept under the Adoption and Children Act 2002, and the Schedule replaces references to natural with birth across multiple provisions. Cross-references within regulation 4 are corrected to reflect the revised structure of prescribed services.
The list of prescribed adoption support services in regulation 3 of the 2005 Regulations is recast for clarity. In addition to counselling, advice and information, it confirms financial support under regulation 11; group-based support for adoptive children, adoptive parents and birth parents or former guardians; assistance with contact arrangements; therapeutic support for an adoptive child; assistance to sustain the relationship between a child and adoptive parent, including training and, subject to conditions, respite; and assistance where disruption has occurred or is at risk, including mediation and meetings to review disruptions.
Where respite involves accommodation, the amendments specify that it must be provided by or on behalf of a local authority under section 81 of the Social Services and Well-being (Wales) Act 2014 or by a voluntary organisation under section 59 of the Children Act 1989. Disruption of an adoption placement is defined to cover the period from initial introductions through placement and beyond the making of an adoption order, making clear that support can extend post-order.
Eligibility is refined so that arrangements must be in place for birth parents and former guardians of a child who has been placed for adoption or has been adopted following such placement. This brings former guardians expressly within scope for certain support and clarifies the position of birth parents in the post-placement and post-order phases.
The amendments also address delivery routes. Persons who fall within the new contract-based exception may provide adoption support services on behalf of a local authority for the purposes of section 3(4)(b) of the Adoption and Children Act 2002. In parallel, regulation 5 of the 2005 Regulations substitutes an individual with a person, confirming that commissioned delivery can be arranged with entities as well as individuals.
Policy Wire analysis: Commissioning teams should review service specifications to align with the clarified prescribed services, ensure disruption planning starts at the point of introductions, and confirm that respite requiring accommodation is arranged through the statutory powers cited. Adult-only counselling provision can be commissioned without triggering adoption service registration, provided the scope remains within the new exception.
Policy Wire analysis: Terminology updates from natural to birth should be reflected in local templates, letters and training to maintain consistency with the 2002 Act definitions. Regional adoption services and voluntary adoption agencies should update statements of purpose and public information ahead of the 1 April 2026 commencement date to ensure families understand the revised offer.
A Regulatory Impact Assessment has been prepared by the Welsh Government. Copies are available from the Department of Health, Social Care and Early Years, Welsh Government, Cathays Park, Cardiff, and are published on the Welsh Government website, as noted in the instrument.