Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Adoption and Children Act (Northern Ireland) 2022

Type Act of the Northern Ireland Assembly

Publication 2022-04-27

Last updated 2024-11-01

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

PART 1 — Adoption

CHAPTER 1 — Introductory

Considerations applying to the exercise of powers

1

(1) This section applies whenever a court or adoption agency is coming to a decision relating to the adoption of a child.

(2) The paramount consideration of the court or adoption agency must be the child’s welfare, throughout the life of the child.

(3) The court or adoption agency must at all times bear in mind that, in general, any delay in coming to the decision is likely to prejudice the child’s welfare.

(4) The court or adoption agency must have regard to the following matters (among others)—

(a) the value to the child of a stable and harmonious family unit;

(b) the child’s particular needs;

(c) the likely effect on the child (throughout the life of the child) of having ceased to be a member of the original family and become an adopted person;

(d) the child’s age, sex, background and any of the child’s characteristics which the court or agency considers relevant;

(e) any harm (within the meaning of the Children Order) which the child has suffered or is at risk of suffering;

(f) the child’s ascertainable wishes and feelings regarding the decision (considered in the light of the child’s age and understanding);

(g) the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed, and with any other person in relation to whom the court or agency considers the relationship to be relevant, including—

(i) the likelihood of any such relationship continuing and the value to the child of its doing so;

(ii) the ability and willingness of any of the child’s relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child’s needs;

(iii) the wishes and feelings of any of the child’s relatives, or of any such person, regarding the child.

(5) In placing the child for adoption, the adoption agency must give due consideration to the child’s religious persuasion, racial origin and cultural and linguistic background.

(6) The court or adoption agency must always consider the whole range of powers available to it in the child’s case (whether under this Act or the Children Order); and the court must not make any order under this Act unless it considers that making the order would be better for the child than not doing so.

(7) In this section “coming to a decision relating to the adoption of a child”, in relation to a court, includes—

(a) coming to a decision in any proceedings where the orders that might be made by the court include an adoption order (or the revocation of such an order), a placement order (or the revocation of such an order) or an order under section 23 or 49 (or the revocation or variation of such an order); and

(b) coming to a decision about granting leave in respect of any action (other than the initiation of proceedings in any court) which may be taken by an adoption agency or individual under this Act,

but does not include coming to a decision about granting leave in any other circumstances.

(8) For the purposes of this section—

(a) references to relationships are not confined to legal relationships;

(b) references to a relative, in relation to a child, include the child’s mother and father.

CHAPTER 2 — The Adoption Service

The Adoption Service

Basic definitions

2

(1) The services maintained under section 4(1) may be collectively referred to as “the Adoption Service”.

(2) In this Act—

“adoption agency” means an adoption authority or an appropriate voluntary organisation;

“adoption society” means a body whose functions consist of or include making arrangements for the adoption of children;

“adoption authority” is to be construed in accordance with section 3.

(3) In this Act “appropriate voluntary organisation” means a voluntary organisation which is an adoption society in respect of which a person is registered; but in relation to the provision of any facility of the Adoption Service, references to an appropriate voluntary organisation or to an adoption agency do not include an adoption society if the registration is not in respect of that facility.

(4) Registration in respect of an adoption society is to be treated as being in respect of any facility of the Adoption Service unless it is a condition of the registration that that facility is not provided.

(5) In subsections (3) and (4)—

“registered” means registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“registration” means registration under that Order.

(6) In this Act “adoption support services” means—

(a) counselling, advice and information; and

(b) such other services as may be prescribed,

in relation to adoption.

(7) The power to make regulations under subsection (6)(b) is to be exercised so as to secure that adoption authorities provide financial support.

(8) In this Chapter references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the United Kingdom, the Channel Islands and the Isle of Man.

Adoption authority

3

(1) Every HSC trust is the adoption authority in relation to its area.

(2) But regulations may provide that in relation to prescribed functions or services under this Act another HSC trust is to be the adoption authority in relation to that area.

(3) In this Act—

“HSC trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 except the Northern Ireland Ambulance Service Health and Social Care Trust; and

references to the area of an HSC trust are to its operational area as specified under paragraph 3A of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991.

(4) Regulations may amend the definition of “HSC trust” in subsection (3).

The Adoption Service

4

(1) An adoption authority must maintain a service designed to meet the needs, in relation to adoption, of—

(a) children who may be adopted, their parents and guardians;

(b) persons wishing to adopt a child; and

and for that purpose must provide the requisite facilities.

(2) Those facilities must include making, and participating in, arrangements—

(a) for the adoption of children; and

(b) for the provision of adoption support services.

(3) As part of the service, the arrangements made for the purposes of subsection (2)(b)—

(a) must extend to the provision of adoption support services to persons who are within a prescribed description;

(b) may extend to the provision of those services to other persons.

(4) An adoption authority may provide any of the requisite facilities by securing their provision by—

(a) an appropriate voluntary organisation or in relation to the provision of adoption support services of a prescribed description a voluntary organisation; or

(b) other persons who are within a prescribed description of persons who may provide the facilities in question.

(5) The facilities of the service must be provided in conjunction with any other social care provided by the adoption authority, with appropriate voluntary organisations and with voluntary organisations providing facilities under subsection (4)(a), so that help may be given in a co-ordinated manner without duplication, omission or avoidable delay.

(6) In this section “social care” has the meaning given by section 2(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (and, in particular, social care in so far as it relates to children).

Assessments etc. for adoption support services

5

(1) An adoption authority must at the request of—

(a) any of the persons mentioned in paragraphs (a) to (c) of section 4(1), or

(b) any other person who falls within a prescribed description (subject to subsection (8)(a)),

carry out an assessment of that person’s needs for adoption support services.

(2) An adoption authority may, at the request of any person, carry out an assessment of that person’s needs for adoption support services.

(3) An adoption authority may request the help of the persons mentioned in paragraph (a) or (b) of section 4(4) in carrying out an assessment.

(4) Where, as a result of an assessment, an adoption authority decides that a person has needs for adoption support services, the adoption authority must then decide whether to provide any such services to that person, subject to subsection (5).

(5) An adoption authority must provide adoption support services to a person under subsection (4) where—

(a) that person is a child who may be adopted;

(b) that person is a parent or guardian of a child who may be adopted;

(d) that person is an adopted person;

(e) that person is a parent, natural parent or former guardian of an adopted person; or

(f) that person is within a prescribed description.

(6) If—

(a) an adoption authority decides to provide any adoption support services to a person under subsection (4) or is under a duty to do so by virtue of subsection (5); and

(b) the circumstances fall within a prescribed description,

the adoption authority must prepare a plan in accordance with which adoption support services are to be provided to the person and keep the plan under review.

(7) Regulations may make provision about assessments, preparing and reviewing plans, the provision of adoption support services in accordance with plans and reviewing the provision of adoption support services.

(8) The regulations may in particular make provision—

(a) as to the circumstances in which a person mentioned in paragraph (b) of subsection (1) is to have a right to request an assessment of that person’s needs in accordance with that subsection;

(b) about the type of assessment which, or the way in which an assessment, is to be carried out;

(d) about the way in which, and time at which, a plan or the provision of adoption support services is to be reviewed;

(e) about the considerations to which an adoption authority is to have regard in carrying out an assessment or review or preparing a plan;

(f) as to the circumstances in which an adoption authority may provide adoption support services subject to conditions;

(g) as to the consequences of conditions imposed by virtue of paragraph (f) not being met (including the recovery of any financial support provided by an adoption authority);

(h) as to the circumstances in which this section may apply to an adoption authority in respect of persons who are outside its area;

(i) as to the circumstances in which an adoption authority may recover from another adoption authority the expenses of providing adoption support services to any person.

(9) An adoption authority may carry out an assessment of the needs of any person under this section at the same time as an assessment of that person’s needs is made under any other statutory provision.

(10) If at any time during the assessment of the needs of any person under this section, it appears to an adoption authority that there may be a need for the provision of services to that person—

(a) by another health and social care body (within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009); or

(b) by the Education Authority,

the adoption authority must notify the body or the Education Authority, as the case may be.

(11) Where it appears to an adoption authority that another public body could, by taking any specified action, help in the exercise of any of the adoption authority’s functions under this section, the adoption authority may request the help of that body, specifying the action in question.

(12) A public body whose help is so requested must comply with the request if it is consistent with the exercise of its functions.

Adoption support services: duty to provide information

6

(1) Except in prescribed circumstances, an adoption authority must provide the information specified in subsection (2) to—

(a) any person who has contacted the adoption authority to request information about adopting a child;

(b) any person who has informed the adoption authority that he or she wishes to adopt a child;

(c) any person within the adoption authority’s area who the adoption authority is aware is a parent of an adopted child; and

(d) any person within the adoption authority’s area who is a parent of an adopted child and has contacted the adoption authority to request any of the information specified in subsection (2).

(2) The information is—

(a) information about the adoption support services available to people in the adoption authority’s area;

(b) information about the right to request an assessment under section 5 (assessments etc. for adoption support services), and the adoption authority’s duties under that section and regulations made under it; and

Arrangements on cancellation of registration

7

(1) Where, by virtue of the cancellation of its registration, a body has ceased to be an appropriate voluntary organisation, the Department may direct the body to make such arrangements as to the transfer of the body’s functions relating to children and other transitional matters as seem to the Department expedient.

(2) In this section “registration” means registration under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Inactive or defunct adoption societies, etc.

8

(1) This section applies where it appears to the Department that—

(a) a body which is or has been an appropriate voluntary organisation is inactive or defunct, or

(b) a body which has ceased to be an appropriate voluntary organisation by virtue of the cancellation of its registration has not made such arrangements for the transfer of its functions relating to children as are specified in a direction given by the Department.

(2) The Department may, in relation to such functions of the body as relate to children, direct what appears to it to be the appropriate adoption authority to take any such action as might have been taken by the body or by the body jointly with the authority.

(3) An adoption authority is entitled to take any action which—

(a) apart from this subsection the authority would not be entitled to take, or would not be entitled to take without joining the body in the action, but

(b) the authority is directed to take under subsection (2).

(4) The Department may charge the body for expenses necessarily incurred by the Department or on its behalf in securing the transfer of the body’s functions relating to children.

(5) Before giving a direction under subsection (2) the Department must, if practicable, consult both the body and the adoption authority.

(6) In this section “registration” means registration under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Regulations

General power to regulate adoption agencies

9

(1) Regulations may make provision for any purpose relating to the exercise by adoption agencies of their functions in relation to adoption.

(2) The extent of the power to make regulations under this section is not limited by sections 10 to 12, 42, 53, 55 to 64 and 102 or by any other powers exercisable in respect of adoption agencies.

(3) Regulations may provide that a person who contravenes or fails to comply with any provision of regulations under this section is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Management, etc., of agencies

10

(1) In relation to adoption agencies, regulations under section 9 may make provision as to—

(a) the persons who are fit to work for them for the purposes of their functions relating to adoption;

(b) the fitness of premises;

(d) the number of persons, or persons of any particular type, working for the purposes of those functions;

(e) the management and training of persons working for the purposes of those functions;

(f) the keeping of information.

(2) Regulations made by virtue of subsection (1)(a) may, in particular, make provision for prohibiting persons from working in prescribed positions unless they are registered in, or in a particular part of, the register maintained under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001.

(3) In relation to appropriate voluntary organisations, regulations under section 9 may—

(a) make provision as to the persons who are fit to manage an appropriate voluntary organisation, including provision prohibiting persons from doing so unless they are registered as mentioned in subsection (2);

(b) impose requirements as to the financial position of an appropriate voluntary organisation;

(d) make provision for securing the welfare of children placed by the appropriate voluntary organisation, including provision as to the promotion and protection of their health.

(4) Regulations under section 9 may make provision as to the conduct of appropriate voluntary organisations, and may in particular make provision—

(a) as to the facilities and services to be provided by an appropriate voluntary organisation;

(b) as to the keeping of accounts;

(c) as to the notification to the RQIA of events occurring in premises used for the purposes of an appropriate voluntary organisation;

(d) as to the giving of notice to the RQIA of periods during which the manager of an appropriate voluntary organisation proposes to be absent, and specifying the information to be given in such a notice;

(e) as to the making of adequate arrangements for the running of an appropriate voluntary organisation during a period when its manager is absent;

(f) as to the giving of notice to the RQIA of any intended change in the identity of the manager;

(g) as to the giving of notice to the RQIA of changes in the ownership of an appropriate voluntary organisation or the identity of its officers;

(h) requiring the payment of a prescribed fee to the RQIA in respect of any notification required to be made by virtue of paragraph (g);

(i) requiring arrangements to be made for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided by an appropriate voluntary organisation and requiring the appropriate voluntary organisation or manager to take steps for publicising the arrangements.

Fees

11

(1) Regulations under section 9 may prescribe—

(a) the fees which may be charged by adoption agencies in respect of the provision of services to persons providing facilities as part of the Adoption Service (including Adoption Services in Great Britain, the Channel Islands and the Isle of Man);

(b) the fees which may be paid by adoption agencies to persons providing or assisting in providing such facilities.

(2) Regulations under section 9 may prescribe the fees which may be charged by adoption authorities in respect of the provision of prescribed facilities of the Adoption Service where the following conditions are met.

(3) The conditions are that the facilities are provided in connection with—

(a) the adoption of a child brought into the United Kingdom for the purpose of adoption; or

(b) a Convention adoption, an overseas adoption or an adoption effected under the law of a country or territory outside the United Kingdom, the Channel Islands and the Isle of Man.

(4) Regulations under section 9 may prescribe the fees which may be charged by adoption agencies in respect of the provision of counselling, where the counselling is provided in connection with the disclosure of information in relation to a person’s adoption.

Independent review of qualifying determinations of adoption agencies

12

(1) Regulations under section 9 may establish a procedure under which any person in respect of whom a qualifying determination has been made by an adoption agency may apply to the Department for a review of that determination by a panel constituted by the Department.

(2) The regulations must make provision as to the determinations which are qualifying determinations for the purposes of subsection (1).

(3) The regulations may include provision as to—

(a) the duties and powers of a panel;

(b) the administration and procedures of a panel;

(c) the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment);

(d) the payment of fees to members of a panel;

(e) the duties of adoption agencies in connection with reviews conducted under the regulations;

(f) the monitoring of any such reviews.

(4) Regulations made by virtue of subsection (3)(e) may impose a duty to pay to the Department such sum as the Department may determine.

(5) The Department must secure that, taking one financial year with another, the aggregate of the sums which become payable to the Department under regulations made by virtue of subsection (4) does not exceed the cost to the Department of performing independent review functions.

(6) The Department may make an arrangement with an organisation under which independent review functions are performed by the organisation on behalf of the Department.

(7) If the Department makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any directions given by the Department.

(8) The arrangement may include provision for payments to be made to the organisation by the Department.

(9) Payments made by the Department in accordance with such provision are to be taken into account in determining (for the purpose of subsection (5)) the cost to the Department of performing independent review functions.

(10) In this section—

“independent review function” means a function conferred or imposed on the Department by regulations made under this section;

“organisation” includes a public body and a private or voluntary organisation.

Supplemental

Information concerning adoption

13

(1) Each adoption agency must give the Department any statistical or other general information which the Department requires about—

(a) the agency’s performance of all or any of its functions relating to adoption;

(b) the children and other persons in relation to whom it has exercised those functions.

(2) The information required to be given under this section must be given at the times, and in the form, directed by the Department.

(3) The Department may publish abstracts of the information given under this section.

Inspection of premises, etc.

14

(1) The Department may arrange for any premises in which—

(a) a child is living with a person with whom the child has been placed by an adoption agency; or

(b) a child in respect of whom a notice of intention to adopt has been given under section 41 is, or will be, living,

to be inspected.

(2) The Department may require an adoption agency—

(a) to give the Department any information; or

(b) to allow the Department to inspect any records (in whatever form they are held),

relating to the discharge of any of the adoption agency’s functions in relation to adoption which the Department specifies.

(3) An inspection under this section must be conducted by a person authorised by the Department.

(4) A person inspecting any premises under subsection (1) may—

(a) visit the child there; and

(b) make any examination into the state of the premises and the treatment of the child there which the person considers necessary.

(5) A person authorised to inspect any records under this section may at any reasonable time have access to, and inspect and check the operation of, any computer (and associated apparatus) which is being or has been used in connection with the records in question.

(6) A person authorised to inspect any premises or records under this section may—

(a) enter the premises for that purpose at any reasonable time; and

(b) require any person to give the person so authorised any reasonable assistance which the person so authorised may require.

(7) A person exercising a power under this section must, if required to do so, produce a duly authenticated document showing the person’s authority.

(8) Any person who intentionally obstructs another in the exercise of a power under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

CHAPTER 3 — Placement for adoption and adoption orders

Placement of children by adoption agency for adoption

Placement for adoption by agencies

15

(1) An adoption agency may—

(a) place a child for adoption with prospective adopters; or

(b) where it has placed a child with any persons (whether under this Part or not), keep the child with them as prospective adopters;

but, except in the case of a child who is less than six weeks old, may only do so under section 16 or a placement order.

(2) An adoption agency may only place a child for adoption with prospective adopters if the agency is satisfied that the child ought to be placed for adoption.

(3) A child who is placed or authorised to be placed for adoption with prospective adopters by an adoption authority is looked after by the authority.

(4) If an application for an adoption order has been made by any persons in respect of a child and has not been disposed of—

(a) an adoption agency which placed the child with those persons may keep the child with them until the application is disposed of; but

(b) apart from that, the child may not be placed for adoption with any prospective adopters.

(5) References in this Act (apart from this section) to an adoption agency placing a child for adoption—

(a) are to its placing a child for adoption with prospective adopters; and

(b) include, where it has placed a child with any persons (whether under this Act or not), keeping the child with them as prospective adopters;

and references in this Act (apart from this section) to a child who is placed for adoption by an adoption agency are to be interpreted accordingly.

(6) References in this Chapter to an adoption agency being, or not being, authorised to place a child for adoption are to the agency being or (as the case may be) not being authorised to do so under section 16 or a placement order.

(7) This section is subject to sections 27 to 32 (removal of children placed by adoption agencies).

(8) In subsection (4) “adoption order” means an adoption order made under the law of any part of the United Kingdom.

16

(1) Where an adoption agency is satisfied that each parent or guardian of a child has consented to the child—

(a) being placed for adoption with prospective adopters identified in the consent; or

(b) being placed for adoption with any prospective adopters who may be chosen by the agency,

and has not withdrawn that consent, the agency is authorised to place the child for adoption accordingly.

(2) Consent to a child being placed for adoption with prospective adopters identified in the consent may be combined with consent to the child subsequently being placed for adoption with any prospective adopters who may be chosen by the agency in circumstances where the child is removed from or returned by the identified prospective adopters.

(3) Subsection (1) does not apply where—

(a) an application has been made on which a care order might be made and the application has not been disposed of; or

(b) a care order or placement order has been made after the consent was given.

(4) References in this Act to a child placed for adoption under this section include a child who was placed under this section with prospective adopters and continues to be placed with them, whether or not consent to the placement has been withdrawn.

(5) This section is subject to section 51 (parental etc. consent).

17

(1) A parent or guardian of a child who consents to the child being placed for adoption by an adoption agency under section 16 may, at the same or any subsequent time, consent to the making of a future adoption order.

(2) Consent under this section—

(a) where the parent or guardian has consented to the child being placed for adoption with prospective adopters identified in the consent, may be consent to adoption by them; or

(b) may be consent to adoption by any prospective adopters who may be chosen by the agency.

(3) A person may withdraw any consent given under this section.

(4) A person who gives consent under this section may, at the same or any subsequent time, by notice given to the adoption agency—

(a) state that the person does not wish to be informed of any application for an adoption order; or

(b) withdraw such a statement.

(5) A notice under subsection (4) has effect from the time when it is received by the adoption agency but has no effect if the person concerned has withdrawn the consent.

(6) This section is subject to section 51 (parental etc. consent).

Placement orders

18

(1) A placement order is an order made by the court authorising an adoption authority to place a child for adoption with any prospective adopters who may be chosen by the authority.

(2) The court may not make a placement order in respect of a child unless—

(a) the child is subject to a care order;

(b) the court is satisfied that the conditions in Article 50(2) of the Children Order (conditions for making a care order) are met; or

(3) The court may only make a placement order if, in the case of each parent or guardian of the child, the court is satisfied—

(a) that the parent or guardian has consented to the child being placed for adoption with any prospective adopters who may be chosen by the adoption authority and has not withdrawn that consent; or

(b) that the parent’s or guardian’s consent should be dispensed with.

(4) Subsection (3) is subject to section 51 (parental etc. consent).

(5) A placement order continues in force until—

(a) it is revoked under section 21;

(b) an adoption order is made in respect of the child; or

(6) In subsection (5) “adoption order” means an adoption order made under the law of any part of the United Kingdom.

Applications for placement orders

19

(1) An adoption authority must apply to the court for a placement order in respect of a child if—

(a) the child is placed for adoption by the adoption authority or is being provided with accommodation by it;

(b) no adoption agency is authorised to place the child for adoption;

(c) the child has no parent or guardian or the authority considers that the conditions in Article 50(2) of the Children Order are met; and

(d) the adoption authority is satisfied that the child ought to be placed for adoption.

(2) If—

(a) an application has been made (and has not been disposed of) on which a care order might be made in respect of a child; or

(b) a child is subject to a care order and the appropriate authority is not authorised to place the child for adoption,

the appropriate authority must apply to the court for a placement order if the appropriate authority is satisfied that the child ought to be placed for adoption.

(3) If—

(a) a child is subject to a care order; and

(b) the appropriate authority is authorised to place the child for adoption under section 16,

the appropriate authority may apply to the court for a placement order.

(4) If an adoption authority—

(a) is under a duty to apply to the court for a placement order in respect of a child; or

(b) has applied for a placement order in respect of a child and the application has not been disposed of,

the child is looked after by that adoption authority.

(5) Subsections (1) to (3) do not apply in respect of a child—

(a) if any persons have given notice of intention to adopt, unless the period of four months beginning with the giving of the notice has expired without them applying for an adoption order or their application for such an order has been withdrawn or refused; or

(b) if an application for an adoption order has been made and has not been disposed of.

(6) Where—

(a) an application for a placement order in respect of a child has been made and has not been disposed of; and

(b) no interim care order is in force,

the court may give any directions it considers appropriate for the medical or psychiatric examination or other assessment of the child; but a child who is of sufficient understanding to make an informed decision may refuse to submit to the examination or other assessment.

(7) The appropriate authority—

(a) in relation to a care order, is the authority in whose care the child is placed by the order; and

(b) in relation to an application on which a care order might be made, is the authority which makes the application.

(8) In subsection (5) “adoption order” means an adoption order made under the law of any part of the United Kingdom.

Varying placement orders

20

(1) The court may vary a placement order so as to substitute another adoption authority for the adoption authority authorised by the order to place the child for adoption.

(2) The variation may only be made on the joint application of both adoption authorities.

Revoking placement orders

21

(1) The court may revoke a placement order on the application of any person.

(2) But an application may not be made by a person other than the child or the adoption authority authorised by the order to place the child for adoption unless—

(a) the court has given leave to apply; and

(b) the child is not placed for adoption by the adoption authority.

(3) The court cannot give leave under subsection (2)(a) unless satisfied that there has been a change in circumstances since the order was made.

(4) If the court determines, on an application for an adoption order, not to make the order, it may revoke any placement order in respect of the child.

(5) Where—

(a) an application for the revocation of a placement order has been made and has not been disposed of; and

(b) the child is not placed for adoption by the adoption authority,

the child may not without the court’s leave be placed for adoption under the order.

Parental responsibility

22

(1) This section applies while—

(a) a child is placed for adoption under section 16 or an adoption agency is authorised to place a child for adoption under that section; or

(b) a placement order is in force in respect of a child.

(2) Parental responsibility for the child is given to the agency concerned.

(3) While the child is placed with prospective adopters, parental responsibility is given to them.

(4) The agency may determine that the parental responsibility of any parent or guardian, or of prospective adopters, is to be restricted to the extent specified in the determination.

Contact

23

(1) On an adoption agency being authorised to place a child for adoption, or placing a child for adoption who is less than six weeks old, any provision for contact under the Children Order ceases to have effect.

(2) While an adoption agency is so authorised or a child is placed for adoption—

(a) no application may be made for any provision for contact under the Children Order; but

(b) the court may make an order under this section requiring the person with whom the child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for the person named in the order and the child otherwise to have contact with each other.

(3) An application for an order under this section may be made by—

(a) the child or the agency;

(b) any parent, guardian or relative;

(c) any person in whose favour there was provision for contact under the Children Order which ceased to have effect by virtue of subsection (1);

(d) if a residence order was in force immediately before the adoption agency was authorised to place the child for adoption or (as the case may be) placed the child for adoption at a time when the child was less than six weeks old, the person in whose favour the order was made;

(e) if a person had care of the child immediately before that time by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person;

(f) any person who has obtained the court’s leave to make the application.

(4) When making a placement order, the court may on its own initiative make an order under this section.

(5) In this section “provision for contact under the Children Order” means a contact order under Article 8 of the Children Order or an order under Article 53 of that Order (parental contact with children in care).

Contact: supplementary

24

(1) An order under section 23—

(a) has effect while the adoption agency is authorised to place the child for adoption or the child is placed for adoption; but

(b) may be varied or revoked by the court on an application by the child, the agency or a person named in the order.

(2) The agency may refuse to allow the contact that would otherwise be required by virtue of an order under that section if—

(a) it is satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare; and

(b) the refusal is decided upon as a matter of urgency and does not last for more than seven days.

(3) Regulations may make provision as to—

(a) the steps to be taken by an agency which has exercised its power under subsection (2);

(b) the circumstances in which, and conditions subject to which, the terms of any order under section 23 may be departed from by agreement between the agency and any person for whose contact with the child the order provides;

(c) notification by an agency of any variation or suspension of arrangements made (otherwise than under an order under that section) with a view to allowing any person contact with the child.

(4) Before making a placement order the court must—

(a) consider the arrangements which the adoption agency has made, or proposes to make, for allowing any person contact with the child; and

(b) invite the parties to the proceedings to comment on those arrangements.

(5) An order under section 23 may provide for contact on any conditions the court considers appropriate.

Further consequences of placement

25

(1) Where a child is placed for adoption under section 16 or an adoption agency is authorised to place a child for adoption under that section—

(a) a parent or guardian of the child may not apply for a residence order unless an application for an adoption order has been made and the parent or guardian has obtained the court’s leave under subsection (3) or (5) of section 44;

(b) if an application has been made for an adoption order, a guardian of the child may not apply for a special guardianship order unless the guardian has obtained the court’s leave under subsection (3) or (5) of that section.

(2) The following subsections apply where—

(a) a child is placed for adoption under section 16 or an adoption agency is authorised to place a child for adoption under that section; or

(b) a placement order is in force in respect of a child.

(3) A person must not remove the child from the United Kingdom unless the court gives leave or each parent or guardian of the child gives written consent.

(4) Subsection (3) does not prevent the removal of the child from the United Kingdom for a period of less than one month by a person who provides the child’s home.

(5) A person must not cause the child to be known by a new surname unless the court gives leave or each parent or guardian of the child or the adoption agency gives written consent.

(6) The adoption agency must not give its consent under subsection (5) unless it has given at least 14 days’ notice of its intention to do so to—

(a) every person with parental responsibility for the child; and

(b) if the agency considers that the child has sufficient understanding, the child.

(7) Subsection (5) is subject to any direction of the court.

(8) The court may vary or revoke a direction under subsection (7)—

(a) on the application of—

(i) any person mentioned in subsection (6)(a);

(ii) if the child appears to the court to have sufficient understanding, the child; or

(iii) the adoption agency; or

(b) in any family proceedings in which a question arises in relation to the welfare of the child without an application having been made.

(9) In subsection (8)(b) “family proceedings” has the same meaning as in the Children Order.

(10) This section applies whether or not the child is in Northern Ireland.

Further consequences of placement orders

26

(1) Where a placement order is made in respect of a child and either—

(a) the child is subject to a care order; or

(b) the court at the same time makes a care order in respect of the child,

the care order does not have effect at any time when the placement order is in force.

(2) On the making of a placement order in respect of a child, any order mentioned in Article 8(1) of the Children Order, and any supervision order in respect of the child, ceases to have effect.

(3) Where a placement order is in force—

(a) no prohibited steps order, residence order or specific issue order; and

(b) no supervision order or child assessment order,

may be made in respect of the child.

(4) Subsection (3)(a) does not apply in respect of a residence order if—

(a) an application for an adoption order has been made in respect of the child; and

(b) the residence order is applied for by a parent or guardian who has obtained the court's leave under subsection (3) or (5) of section 44 or by any other person who has obtained the court's leave under this subsection.

(5) Where a placement order is in force, no special guardianship order may be made in respect of the child unless—

(a) an application has been made for an adoption order; and

(b) the person applying for the special guardianship order has obtained the court’s leave under this subsection or, if the person is a guardian of the child, has obtained the court’s leave under section 44(5).

(6) Article 14A(7) of the Children Order applies in respect of an application for a special guardianship order for which leave has been given as mentioned in subsection (5)(b) with the omission of the words “the beginning of the period of three months ending with”.

(7) Where a placement order is in force—

(a) Article 14C(1)(b) of the Children Order (special guardianship: parental responsibility) has effect subject to any determination under section 22(4);

(b) paragraphs (3) and (4) of that Article (special guardianship: removal of child from UK etc.) do not apply.

Removal of children who are or may be placed by adoption agencies

General prohibitions on removal

27

(1) Where—

(a) a child is placed for adoption by an adoption agency under section 16; or

(b) a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption,

a person (other than the agency) must not remove the child from the prospective adopters.

(2) Where—

(a) a child who is not for the time being placed for adoption is being provided with accommodation by an authority; and

(b) the authority has applied to the court for a placement order and the application has not been disposed of,

only a person who has the court’s leave (or the authority) may remove the child from the accommodation.

(3) Where subsection (2) does not apply, but—

(a) a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency; and

(b) the agency is authorised to place the child for adoption under section 16 or would be so authorised if any consent to placement under that section had not been withdrawn,

a person (other than the agency) must not remove the child from the accommodation.

(4) This section is subject to sections 28 to 30 but those sections do not apply if the child is subject to a care order.

(5) This group of sections (that is, this section and those sections) apply whether or not the child in question is in Northern Ireland.

(6) This group of sections does not affect the exercise by any authority or other person of any power conferred by any statutory provision, other than Article 22(2) of the Children Order (removal of children from accommodation provided under Article 21).

(7) This group of sections does not prevent the removal of a child who is arrested.

(8) A person who removes a child in contravention of this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

Recovery by parent etc. where child not placed or is a baby

28

(1) Subsection (2) applies where—

(a) a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency; and

(b) the agency would be authorised to place the child for adoption under section 16 if consent to placement under that section had not been withdrawn.

(2) If any parent or guardian (“P or G”) of the child informs the agency that P or G wishes the child to return to P or G, the agency must secure the child’s return to P or G within the period of 14 days beginning with the request unless an application is, or has been, made for a placement order and the application has not been disposed of.

(3) Subsection (4) applies where—

(a) a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption; and

(b) any parent or guardian (“P or G”) of the child informs the agency that P or G wishes the child to return to P or G,

unless an application is, or has been, made for a placement order and the application has not been disposed of.

(4) The agency must give notice of the parent’s or guardian’s wish to the prospective adopters who must secure the child’s return to the agency within the period of seven days beginning with the day on which the notice is given.

(5) A prospective adopter who fails to comply with subsection (4) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

(6) The agency must secure the child’s return to the parent or guardian in question before the end of the period of seven days from the day on which the child returns to the agency.

29

(1) This section applies where—

(a) a child is placed for adoption by an adoption agency under section 16; and

(b) consent to placement under that section has been withdrawn,

unless an application is, or has been, made for a placement order and the application has not been disposed of.

(2) If a parent or guardian (“P or G”) of the child informs the agency that P or G wishes the child to return to P or G—

(a) the agency must give notice of P’s or G’s wish to the prospective adopters; and

(b) the prospective adopters must secure the return of the child to the agency within the period of seven days beginning with the day on which the notice is given.

(3) A prospective adopter who fails to comply with subsection (2)(b) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

(4) The agency must secure the return of the child to the parent or guardian in question within the period of seven days beginning with the day on which the child returns to the agency.

(5) Where a notice under subsection (2) is given, but—

(a) before the notice was given, an application for an adoption order, special guardianship order or residence order, or for leave to apply for a special guardianship order or residence order, was made in respect of the child; and

(b) the application (and, in a case where leave is given on an application to apply for a special guardianship order or residence order, the application for the order) has not been disposed of,

the prospective adopters are not required by virtue of the notice to secure the return of the child to the agency unless the court so orders.

(6) In subsection (5) references to an application for an adoption order are references to an application for an adoption order under the law of any part of the United Kingdom.

Recovery by parent etc. where child placed and placement order refused

30

(1) This section applies where—

(a) a child is placed for adoption by an adoption authority under section 16;

(b) the adoption authority has applied for a placement order and the application has been refused; and

(c) any parent or guardian (“P or G”) of the child informs the adoption authority that P or G wishes the child to return to P or G.

(2) The prospective adopters must secure the return of the child to the adoption authority on a date determined by the court.

(3) A prospective adopter who fails to comply with subsection (2) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

(4) The adoption authority must secure the return of the child to the parent or guardian in question within the period of seven days beginning with the day on which the child returns to the adoption authority.

Placement orders: prohibition on removal

31

(1) Where a placement order in respect of a child—

(a) is in force; or

(b) has been revoked, but the child has not returned from the prospective adopters or remains in any accommodation provided by an adoption authority,

a person (other than the adoption authority) may not remove the child from the prospective adopters or from accommodation provided by the adoption authority.

(2) A person who removes a child in contravention of subsection (1) is guilty of an offence.

(3) Where a court revoking a placement order in respect of a child determines that the child is not to remain with any former prospective adopters with whom the child is placed, they must secure the return of the child to the adoption authority within the period determined by the court for the purpose; and a person who fails to do so is guilty of an offence.

(4) Where a court revoking a placement order in respect of a child determines that the child is to return to a parent or guardian, the adoption authority must secure the return of the child to the parent or guardian before the end of the period of seven days—

(a) from the day on which the child returns to the adoption authority; or

(b) where the child is in accommodation provided by the adoption authority, from the day on which the revocation of the placement order comes into force.

(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

(6) This section does not affect the exercise by any adoption authority or other person of a power conferred by any statutory provision, other than Article 22(2) of the Children Order.

(7) This section does not prevent the removal of a child who is arrested.

(8) This section applies whether or not the child in question is in Northern Ireland.

Return of child in other cases

32

(1) Where a child is placed for adoption by an adoption agency and the prospective adopters give notice to the agency of their wish that the child return to the agency to end the placement, the agency must—

(a) receive the child from the prospective adopters before the end of the period of seven days beginning with the giving of the notice; and

(b) give notice to any parent or guardian of the child of the prospective adopters’ wish to end the placement.

(2) Where a child is placed for adoption by an adoption agency, and the agency—

(a) is of the opinion that the child should not remain with the prospective adopters; and

(b) gives notice to them of its opinion,

the prospective adopters must, not later than the end of the period of seven days beginning with the giving of the notice, secure the child’s return to the agency.

(3) If the agency gives notice under subsection (2)(b), it must give notice to any parent or guardian of the child of the obligation to secure the child’s return to the agency.

(4) A prospective adopter who fails to comply with subsection (2) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

(5) Where—

(a) an adoption agency gives notice under subsection (2) in respect of a child;

(b) before the notice was given, an application for an adoption order, special guardianship order or residence order, or for leave to apply for a special guardianship order or residence order, was made in respect of the child; and

(c) the application (and, in a case where leave is given on an application to apply for a special guardianship order or residence order, the application for the order) has not been disposed of,

prospective adopters are not required by virtue of the notice to secure the child’s return to the agency unless the court so orders.

(6) This section applies whether or not the child in question is in Northern Ireland.

(7) In subsection (5)(b) “adoption order” means an adoption order made under the law of any part of the United Kingdom.

Removal of children in non-agency cases

Restrictions on removal

33

(1) At any time when a child’s home is with any persons (“the people concerned”) with whom the child is not placed by an adoption agency, but the people concerned—

(a) have applied for an adoption order in respect of the child and the application has not been disposed of;

(b) have given notice of intention to adopt; or

(c) have applied for leave to apply for an adoption order under section 39(6) and the application has not been disposed of,

a person may remove the child only in accordance with the provisions of this group of sections (that is, this section and sections 34 to 37).

(2) For the purposes of this group of sections, a notice of intention to adopt is to be disregarded if—

(a) the period of four months beginning with the giving of the notice has expired without the people concerned applying for an adoption order; or

(b) the notice is a second or subsequent notice of intention to adopt and was given during the period of five months beginning with the giving of the preceding notice.

(3) For the purposes of this group of sections, if the people concerned apply for leave to apply for an adoption order under section 39(6) and the leave is granted, the application for leave is not to be treated as disposed of until the period of three days beginning with the granting of the leave has expired.

(4) This section does not prevent the removal of a child who is arrested.

(5) Where a parent or guardian may remove a child from the people concerned in accordance with the provisions of this group of sections, the people concerned must at the request of the parent or guardian secure the child’s return to the parent or guardian at once.

(6) A person who—

(a) fails to comply with subsection (5); or

(b) removes a child in contravention of this section,

is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

(7) This group of sections applies whether or not the child in question is in Northern Ireland.

(8) The reference in subsection (1) to a child placed by an adoption agency includes a child placed by an adoption agency within the meaning of section 2(1) of the Adoption and Children Act 2002 or Scottish adoption agency within the meaning of section 144(3) of that Act.

Applications for adoption

34

If section 33(1)(a) applies, the following persons may remove the child—

(a) a person who has the court’s leave;

(b) an adoption authority or other person in the exercise of a power conferred by any statutory provision other than Article 22(2) of the Children Order.

Authority foster parents

35

(1) This section applies if the child’s home is with authority foster parents.

(2) If—

(a) the child’s home has been with the foster parents at all times during the period of five years ending with the removal and the foster parents have given notice of intention to adopt; or

(b) an application has been made for leave under section 39(6) and has not been disposed of,

the following persons may remove the child.

(3) They are—

(a) a person who has the court’s leave;

(b) an adoption authority or other person in the exercise of a power conferred by any statutory provision, other than Article 22(2) of the Children Order.

(4) If subsection (2) does not apply but—

(a) the child’s home has been with the foster parents at all times during the period of one year ending with the removal; and

(b) the foster parents have given notice of intention to adopt,

the following persons may remove the child.

(5) They are—

(a) subject to subsection (6), a person with parental responsibility for the child who is exercising the power in Article 22(2) of the Children Order;

(b) a person who has the court’s leave;

(c) an adoption authority or other person in the exercise of a power conferred by any statutory provision, other than Article 22(2) of the Children Order.

(6) The power mentioned in subsection (5)(a) is not exercisable by the person there mentioned for such period as the court may, on an application made by the adoption authority, order.

Partners of parents

36

(1) This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.

(2) If the child’s home has been with the partner for not less than three years (whether continuous or not) during the period of five years ending with the removal, the following persons may remove the child—

(a) a person who has the court’s leave;

(b) an adoption authority or other person in the exercise of a power conferred by any statutory provision other than Article 22(2) of the Children Order.

(3) If subsection (2) does not apply, the following persons may remove the child—

(a) a parent or guardian;

(b) a person who has the court’s leave;

(c) an adoption authority or other person in the exercise of a power conferred by any statutory provision other than Article 22(2) of the Children Order.

Other non-agency cases

37

(1) In any case where sections 34 to 36 do not apply but—

(a) the people concerned have given notice of intention to adopt; or

(b) the people concerned have applied for leave under section 39(6) and the application has not been disposed of,

the following persons may remove the child.

(2) They are—

(a) a person who has the court’s leave;

(b) an adoption authority or other person in the exercise of a power conferred by any statutory provision, other than Article 22(2) of the Children Order.

Breach of restrictions on removal

Recovery orders

38

(1) This section applies where it appears to the court—

(a) that a child has been removed in contravention of any of the preceding provisions of this Chapter or that there are reasonable grounds for believing that a person intends to remove a child in contravention of those provisions; or

(b) that a person has failed to comply with section 28(4), 29(2), 30(2), 31(3) or 32(2).

(2) The court may, on the application of any person, by an order—

(a) direct any person who is in a position to do so to produce the child on request to any person mentioned in subsection (4);

(b) authorise the removal of the child by any person mentioned in that subsection;

(c) require any person who has information as to the child’s whereabouts to disclose that information on request to any constable or officer of the court;

(d) authorise a constable to enter any premises specified in the order and search for the child, using reasonable force if necessary.

(3) Premises may only be specified under subsection (2)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.

(4) The persons referred to in subsection (2) are—

(a) any person named by the court;

(b) any constable;

(c) any person who, after the order is made under that subsection, is authorised to exercise any power under the order by an adoption agency which is authorised to place the child for adoption.

(5) A person who intentionally obstructs a person exercising a power of removal conferred by the order is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) A person must comply with a request to disclose information as required by the order even if the information sought might constitute evidence that the person had committed an offence.

(7) But in criminal proceedings in which the person is charged with an offence (other than one mentioned in subsection (8))—

(a) no evidence relating to the information provided may be adduced; and

(b) no question relating to the information may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of the person.

(8) The offences excluded from subsection (7) are offences under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).

Preliminaries to adoption

Child to live with adopters before application

39

(1) An application for an adoption order may not be made unless—

(a) if subsection (2) applies, the condition in that subsection is met;

(b) if that subsection does not apply, the condition in whichever is applicable of subsections (3) to (5) applies.

(2) If—

(a) the child was placed for adoption with the applicant or applicants by an adoption agency or in pursuance of an order of the High Court; or

(b) the applicant is a parent of the child,

the condition is that the child’s home must have been with the applicant or, in the case of an application by a couple, with one or both of them at all times during the period of ten weeks preceding the application.

(3) If the applicant or one of the applicants is the partner of a parent of the child, the condition is that the child’s home must have been with the applicant or, as the case may be, applicants at all times during the period of one year preceding the application.

(4) If the applicants are authority foster parents, the condition is that the child’s home must have been with the applicants at all times during the period of one year preceding the application.

(5) In any other case, the condition is that the child’s home must have been with the applicant or, in the case of an application by a couple, with one or both of them for not less than three years (whether continuous or not) during the period of five years preceding the application.

(6) But subsections (4) and (5) do not prevent an application being made if the court gives leave to make it.

(7) An adoption order may not be made unless the court is satisfied that sufficient opportunities to see the child with the applicant or, in the case of an application by a couple, both of them together in the home environment have been given—

(a) where the child was placed for adoption with the applicant or applicants by an adoption agency, to that agency;

(b) in any other case, to the adoption authority within whose area the child’s home is.

(8) In this section and sections 40 and 41(1)—

(a) references to an adoption agency include an adoption agency within the meaning of section 2(1) of the Adoption and Children Act 2002 or Scottish adoption agency within the meaning of 144(3) of that Act;

(b) references to a child placed for adoption by an adoption agency are to be read accordingly.

Reports where child placed by agency

40

(1) Where an application for an adoption order relates to a child placed for adoption by an adoption agency, the agency must—

(a) submit to the court a report on the suitability of the applicants and on any other matters relevant to the operation of section 1; and

(b) assist the court in any manner the court directs.

(2) Arrangements may be made by an adoption agency which has placed a child for its functions in relation to that child with respect to—

(a) the report on the suitability of the applicants for adoption; and

(b) any other matters relevant to the operation of section 1,

to be discharged by another adoption agency.

Notice of intention to adopt

41

(1) This section applies where persons (referred to in this section as “proposed adopters”) wish to adopt a child who is not placed for adoption with them by an adoption agency.

(2) An adoption order may not be made in respect of the child unless the proposed adopters have given notice to the appropriate adoption authority of their intention to apply for the adoption order (referred to in this Act as a “notice of intention to adopt”).

(3) The notice must be given not more than two years, or less than three months, before the date on which the application for the adoption order is made.

(4) Where—

(a) if a person were seeking to apply for an adoption order, subsection (4) or (5) of section 39 would apply; but

(b) the condition in the subsection in question is not met,

the person may not give notice of intention to adopt unless the person has the court’s leave to apply for an adoption order.

(5) On receipt of a notice of intention to adopt, the appropriate adoption authority must arrange for the investigation of the matter and submit to the court a report of the investigation.

(6) In particular, the investigation must, so far as practicable, include the suitability of the proposed adopters and any other matters relevant to the operation of section 1 in relation to the application.

(7) If an adoption authority receives a notice of intention to adopt in respect of a child who the adoption authority knows was (at any time before the notice was given) looked after by another adoption authority, the first adoption authority must, not more than seven days after the receipt of the notice, inform the other adoption authority in writing that it has received the notice.

(8) Where—

(a) an adoption authority has placed a child with any persons otherwise than as prospective adopters; and

(b) the persons give notice of intention to adopt,

the adoption authority is not to be treated as keeping the child with them as prospective adopters for the purposes of section 15(1)(b).

(9) In this section, references to the appropriate adoption authority, in relation to any proposed adopters, are—

(a) in prescribed cases, references to the prescribed adoption authority;

(b) in any other case, references to the adoption authority for the area in which, at the time of giving the notice of intention to adopt, the proposed adopters have their home.

Suitability of adopters

42

(1) Regulations under section 9 may make provision as to the matters to be taken into account by an adoption agency in determining, or making any report in respect of, the suitability of any persons to adopt a child.

(2) In particular, the regulations may make provision for the purpose of securing that, in determining the suitability of a couple to adopt a child, proper regard is had to the need for stability and permanence in their relationship.

(3) Nothing in subsection (1) or (2) affects the application of section 1.

The making of adoption orders

Adoption orders

43

(1) An adoption order is an order made by the court on an application under section 47 or 48 giving parental responsibility for a child to the adopters or adopter.

(2) The making of an adoption order operates to extinguish—

(a) the parental responsibility which any person other than the adopters or adopter has for the adopted child immediately before the making of the order;

(b) any order under the Children Order or the Children Act 1989;

(d) any child assessment order or child protection order within the meaning given in section 202(1) of the Children’s Hearing (Scotland) Act 2011; and

(e) any duty arising by virtue of an agreement or an order of a court to make payments, so far as the payments are in respect of the adopted child’s maintenance or upbringing for any period after the making of the adoption order.

“Excepted order” means an order under section 9, 11(1)(d) or 13 of the Children (Scotland) Act 1995 or an exclusion order within the meaning of section 76(1) of that Act.

(3) An adoption order—

(a) does not affect parental responsibility so far as it relates to any period before the making of the order; and

(b) in the case of an order made on an application under section 48(2) by the partner of a parent of the adopted child, does not affect the parental responsibility of that parent or any duties of that parent within subsection (2)(e).

(4) Subsection (2)(e) does not apply to a duty arising by virtue of an agreement—

(a) which constitutes a trust; or

(b) which expressly provides that the duty is not to be extinguished by the making of an adoption order.

(5) An adoption order may be made even if the child to be adopted is already an adopted child.

(6) Before making an adoption order, the court must consider whether there should be arrangements for allowing any person contact with the child; and for that purpose the court must consider any existing or proposed arrangements and obtain any views of the parties to the proceedings.

Conditions for making adoption orders

44

(1) An adoption order may not be made if the child has a parent or guardian unless one of the following three conditions is met; but this section is subject to section 51 (parental etc. consent).

(2) The first condition is that, in the case of each parent or guardian of the child, the court is satisfied—

(a) that the parent or guardian consents to the making of the adoption order;

(b) that the parent or guardian has consented under section 17 or under section 20 of the Adoption and Children Act 2002 or section 31(2) of the Adoption and Children (Scotland) Act 2007 (and has not withdrawn the consent) and does not oppose the making of the adoption order; or

(3) A parent or guardian may not oppose the making of an adoption order under subsection (2)(b) without the court’s leave.

(4) The second condition is that—

(a) the child has been placed for adoption by an adoption agency with the prospective adopters in whose favour the order is proposed to be made;

(b) either—

(i) the child was placed for adoption with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old; or

(ii) the child was placed for adoption under a placement order; and

(5) A parent or guardian may not oppose the making of an adoption order under the second condition without the court’s leave.

(6) The third condition is that—

(a) the child is the subject of a Scottish permanence order which includes provision granting authority for the child to be adopted; or

(b) an adoption agency (within the meaning of section 2(1) of the Adoption and Children Act 2002) is authorised to place the child for adoption under section 19 of that Act or an order under section 21 of that Act.

(7) The court cannot give leave under subsection (3) or (5) unless satisfied that there has been a change in circumstances since the consent of the parent or guardian was given or, as the case may be, the placement order was made.

(8) An adoption order may not be made in relation to a person—

(a) who is or has been married or a civil partner; or

(b) who has attained the age of 19 years.

(9) In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009).

Restrictions on making adoption orders

45

(1) The court may not hear an application for an adoption order in relation to a child, where a previous application to which subsection (2) applies made in relation to the child by the same persons was refused by any court, unless—

(a) it appears to the court that, because of a change in circumstances or for any other reason, it is proper to hear the application; or

(b) the court which refused the previous application directed otherwise.

(2) This subsection applies to any application—

(a) for an adoption order under the law of any part of the United Kingdom; or

(b) for an order for adoption made in the Isle of Man or any of the Channel Islands.

Applications for adoption

46

(1) An application for an adoption order may be made by—

(a) a couple; or

(b) one person,

but only if it is made under section 47 or 48 and one of the following conditions is met.

(2) The first condition is that—

(a) at least one of the couple (in the case of an application under section 47); or

(b) the applicant (in the case of an application under section 48),

is domiciled in a part of the United Kingdom, or in any of the Channel Islands or in the Isle of Man.

(3) The second condition is that—

(a) both of the couple (in the case of an application under section 47) have; or

(b) the applicant (in the case of an application under section 48) has,

been habitually resident in a part of the United Kingdom, or in any of the Channel Islands or in the Isle of Man for a period of not less than one year ending with the date of the application.

(4) An application for an adoption order may only be made if the person to be adopted has not attained the age of 18 years on the date of the application.

(5) References in this Act to a child, in connection with any proceedings (whether or not concluded) for adoption, (such as “child to be adopted” or “adopted child”) include a person who has attained the age of 18 years before the proceedings are concluded.

Adoption by couple

47

(1) An adoption order may be made on the application of a couple where both of them have attained the age of 21.

(2) An adoption order may be made on the application of a couple where—

(a) one of the couple is the mother or the father of the person to be adopted and has attained the age of 18 years; and

(b) the other has attained the age of 21 years.

Adoption by one person

48

(1) An adoption order may be made on the application of one person who has attained the age of 21 years and is not married or a civil partner.

(2) An adoption order may be made on the application of one person who has attained the age of 21 years if the court is satisfied that the person is the partner of a parent of the person to be adopted.

(3) An adoption order may be made on the application of one person who has attained the age of 21 years and is married if the court is satisfied that—

(a) the person’s spouse cannot be found;

(b) the spouses have separated and are living apart, and the separation is likely to be permanent; or

(c) the person’s spouse is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.

(4) An adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that—

(a) the person’s civil partner cannot be found;

(b) the civil partners have separated and are living apart, and the separation is likely to be permanent; or

(c) the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.

(5) An adoption order may not be made on an application under this section by the mother or the father of the person to be adopted unless the court is satisfied that—

(a) the other natural parent is dead or cannot be found;

(b) by virtue of the provisions specified in subsection (6) there is no other parent; or

and, where the court makes an adoption order on such an application, the court must record that it is satisfied as to the fact mentioned in paragraph (a) or (b) or, in the case of paragraph (c), record the reason.

(6) The provisions referred to in subsection (5)(b) are—

(a) section 28 of the Human Fertilisation and Embryology Act 1990 (disregarding subsections (5A) to (5I) of that section); or

(b) sections 34 to 47 of the Human Fertilisation and Embryology Act 2008 (disregarding sections 39, 40 and 46 of that Act).

Post-adoption contact

49

(1) This section applies where—

(a) an adoption agency has placed or was authorised to place a child for adoption; and

(b) the court is making or has made an adoption order in respect of the child.

(2) When making the adoption order or at any time afterwards, the court may make an order under this section—

(a) requiring the person in whose favour the adoption order is or has been made to allow the child to visit or stay with the person named in the order under this section, or for the person named in that order and the child otherwise to have contact with each other; or

(b) prohibiting the person named in the order under this section from having contact with the child.

(3) The following people may be named in an order under this section—

(a) any person who (but for the child’s adoption) would be related to the child by blood (including half-blood), marriage or civil partnership;

(b) any former guardian of the child;

(d) any person who was entitled to make an application for an order under section 23 in respect of the child (contact with children placed or to be placed for adoption) by virtue of subsection (3)(c), (d) or (e) of that section;

(e) any person with whom the child has lived for a period of at least one year.

(4) An application for an order under this section may be made by—

(a) a person who has applied for the adoption order or in whose favour the adoption order is or has been made;

(b) the child; or

(5) In deciding whether to grant leave under subsection (4)(c), the court must consider—

(a) any risk there might be of the proposed application disrupting the child’s life to such an extent that the child would be harmed by it (within the meaning of the Children Order);

(b) the applicant’s connection with the child; and

(i) the child; or

(ii) a person who has applied for the adoption order or in whose favour the adoption order is or has been made.

(6) When making an adoption order, the court may on its own initiative make an order of the type mentioned in subsection (2)(b).

(7) The period of one year mentioned in subsection (3)(e) need not be continuous but must not have begun more than five years before the making of the application.

(8) Where this section applies, an order under Article 8 of the Children Order may not make provision about contact between the child and any person who may be named in an order under this section.

Orders under section 49: supplementary

50

(1) An order under section 49—

(a) may contain directions about how it is to be carried into effect;

(b) may be made subject to any conditions the court thinks appropriate;

(c) may be varied or revoked by the court on an application by the child, a person in whose favour the adoption order was made or a person named in the order; and

(d) has effect until the child’s 18th birthday or an earlier date as specified by the court, unless revoked.

(2) Subsection (3) applies to proceedings—

(a) on an application for an adoption order in which—

(i) an application is made for an order under section 49; or

(ii) the court indicates that it is considering making such an order on its own initiative;

(b) on an application for an order under section 49;

(3) The court must (in the light of any rules of court made by virtue of subsection (4))—

(a) draw up a timetable with a view to determining without delay whether to make, (or as the case may be) vary or revoke an order under section 49; and

(b) give directions for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.

(4) Rules of court may—

(a) specify periods within which specified steps must be taken in relation to proceedings to which subsection (3) applies; and

(b) make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that the court makes determinations about orders under section 49 without delay.

Placement and adoption: general

51

(1) The court cannot dispense with the consent of any parent or guardian of a child to the child being placed for adoption or to the making of an adoption order in respect of the child unless the court is satisfied that—

(a) the parent or guardian cannot be found or is incapable of giving consent; or

(b) the welfare of the child requires the consent to be dispensed with.

(2) The following provisions apply to references in this Chapter to any parent or guardian of a child giving or withdrawing—

(a) consent to the placement of a child for adoption; or

(b) consent to the making of an adoption order (including a future adoption order).

(3) Any consent given by the mother to the making of an adoption order is ineffective if it is given less than six weeks after the child’s birth.

(4) The withdrawal of any consent to the placement of a child for adoption, or of any consent given under section 17, is ineffective if it is given after an application for an adoption order is made.

(5) “Consent” means consent given unconditionally and with full understanding of what is involved; but a person may consent to adoption without knowing the identify of the persons in whose favour the order will be made.

(6) “Parent” (except in subsections (9) and (10)) means a parent having parental responsibility.

(7) Consent under section 16 or 17 must be given in the form prescribed by rules of court, and the rules of court may prescribe forms in which a person giving consent under any other provision of this Part may do so (if the person wishes).

(8) Consent given under section 16 or 17 must be withdrawn—

(a) in the form prescribed by rules of court; or

(b) by notice given to the adoption agency.

(9) Subsection (10) applies if—

(a) an adoption agency has placed a child for adoption under section 15 in pursuance of consent given by a parent of the child, and

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Adoption and Children Act (Northern Ireland) 2022

PART 1 — Adoption

CHAPTER 1 — Introductory

Considerations applying to the exercise of powers

1

CHAPTER 2 — The Adoption Service

The Adoption Service

Basic definitions

2

Adoption authority

3

The Adoption Service

4

Assessments etc. for adoption support services

5

Adoption support services: duty to provide information

6

Arrangements on cancellation of registration

7

Inactive or defunct adoption societies, etc.

8

Regulations

General power to regulate adoption agencies

9

Management, etc., of agencies

10

Fees

11

Independent review of qualifying determinations of adoption agencies

12

Supplemental

Information concerning adoption

13

Inspection of premises, etc.

14

CHAPTER 3 — Placement for adoption and adoption orders

Placement of children by adoption agency for adoption

Placement for adoption by agencies

15

Placing children with parental consent

16

Advance consent to adoption

17

Placement orders

18

Applications for placement orders

19

Varying placement orders

20

Revoking placement orders

21

Parental responsibility

22

Contact

23

Contact: supplementary

24

Further consequences of placement

25

Further consequences of placement orders

26

Removal of children who are or may be placed by adoption agencies

General prohibitions on removal

27

Recovery by parent etc. where child not placed or is a baby

28

Recovery by parent etc. where child placed and consent withdrawn

29

Recovery by parent etc. where child placed and placement order refused

30

Placement orders: prohibition on removal

31

Return of child in other cases

32

Removal of children in non-agency cases

Restrictions on removal

33

Applications for adoption

34

Authority foster parents