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

(b) at a later time, the other parent of the child acquires parental responsibility for the child.

(10) The other parent is to be treated as having at that time given consent in accordance with this section in the same terms as those in which the first parent gave consent.

Modification of Children Order in relation to adoption

52

(1) Where—

(a) an adoption authority is authorised to place a child for adoption; or

(b) a child who has been placed for adoption by an authority is less than six weeks old,

regulations may provide for the following provisions of the Children Order to apply with modifications, or not to apply, in relation to the child.

(2) The provisions are—

(a) Article 26(2)(b), (c) and (d) and (3)(b) (duty to ascertain wishes and feelings of certain persons);

(b) Articles 29 and 39 (promoting contact with parents and parents’ obligation to contribute towards maintenance).

(3) Where an appropriate voluntary organisation is authorised to place a child for adoption or a child who has been placed for adoption by an appropriate voluntary organisation is less than six weeks old, regulations may provide—

(a) for Article 76 of the Children Order to have effect in relation to the child whether or not the child is accommodated by or on behalf of the organisation;

(b) for paragraphs (2)(b) to (d) and (3)(b) of that Article (duty to ascertain wishes and feelings of certain persons) to apply with modifications, or not to apply, in relation to the child.

(4) Where a child’s home is with persons who have given notice of intention to adopt, no contribution is payable (whether under a contribution order or otherwise) under Articles 38 to 43 of the Children Order (contributions towards maintenance of children looked after by an authority) in respect of the period referred to in subsection (5).

(5) That period begins when the notice of intention to adopt is given and ends if—

(a) the period of four months beginning with the giving of the notice expires without the prospective adopters applying for an adoption order; or

(b) an application for such an order is withdrawn or refused.

(6) In this section, “notice of intention to adopt” includes notice of intention to apply for an adoption order under the law of any part of the United Kingdom.

Disclosing information to prospective adopters

53

Regulations under section 9 may require adoption agencies in prescribed circumstances to disclose in accordance with the regulations prescribed information to prospective adopters.

Revocation of adoptions on legitimation

54

(1) Where any child adopted by one natural parent as sole adoptive parent subsequently becomes a legitimated person on the marriage of, or formation of a civil partnership by, the natural parents, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke the order.

(2) In relation to an adoption order made by a county court, the reference to the court by which the order was made includes a reference to any other county court.

Disclosure of information about a person’s adoption

Information to be kept about a person’s adoption

55

(1) In relation to an adopted person, regulations may prescribe—

(a) the information which an adoption agency must keep in relation to the adoption;

(b) the form and manner in which it must keep that information.

(2) Below in this group of sections (that is, this section and sections 56 to 64), any information kept by an adoption agency by virtue of subsection (1)(a) is referred to as section 55 information.

(3) Regulations may provide for the transfer in prescribed circumstances of information held, or previously held, by an adoption agency to another adoption agency.

Restrictions on disclosure of protected etc. information

56

(1) Any section 55 information kept by an adoption agency which—

(a) is about an adopted person or any other person; and

(b) is or includes identifying information about the person in question,

may only be disclosed by the agency to a person (other than the person the information is about) in pursuance of this group of sections.

(2) Any information kept by an adoption agency—

(a) which the agency has obtained from the Registrar General on an application under section 78(5) and any other information which would enable the adopted person to obtain a certified copy of the record of the adopted person’s birth; or

(b) which is information about an entry relating to the adopted person in the Adoption Contact Register,

may only be disclosed to a person by the agency in pursuance of this group of sections.

(3) In this group of sections, information the disclosure of which to a person is restricted by virtue of subsection (1) or (2) is referred to (in relation to the person) as protected information.

(4) Identifying information about a person means information which, whether taken on its own or together with other information disclosed by an adoption agency, identifies the person or enables the person to be identified.

(5) This section does not prevent the disclosure of protected information in pursuance of a prescribed agreement to which the adoption agency is a party.

(6) Regulations may authorise or require an adoption agency to disclose protected information to a person who is not an adopted person.

Disclosure of other information

57

(1) This section applies to any section 55 information other than protected information.

(2) An adoption agency may for the purposes of its functions disclose to any person in accordance with prescribed arrangements any information to which this section applies.

(3) An adoption agency must, in prescribed circumstances, disclose prescribed information to a prescribed person.

Offence

58

Regulations may provide that an appropriate voluntary organisation which discloses any information in contravention of section 56 is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Disclosing information to adopted adult

59

(1) This section applies to an adopted person who has attained the age of 18 years.

(2) The adopted person has the right, on request, to receive from the appropriate adoption agency—

(a) any information which would enable the person to obtain a certified copy of the record of the person’s birth, unless the High Court orders otherwise;

(b) any prescribed information disclosed to the adopters by the agency by virtue of section 53.

(3) The High Court may make an order under subsection (2)(a), on an application by the appropriate adoption agency, if satisfied that the circumstances are exceptional.

(4) The adopted person also has the right, on request, to receive from the court which made the adoption order a copy of any prescribed document or prescribed order relating to the adoption.

(5) Subsection (4) does not apply to a document or order so far as it contains information which is protected information.

(6) In subsection (4) “prescribed” means prescribed by rules of court.

Disclosing protected information about adults

60

(1) This section applies where—

(a) a person applies to the appropriate adoption agency for protected information to be disclosed to the person; and

(b) none of the information is about a person who is a child at the time of the application.

(2) The agency is not required to proceed with the application unless it considers it appropriate to do so.

(3) If the agency does proceed with the application it must take all reasonable steps to obtain the views of any person the information is about as to the disclosure of the information about that person.

(4) The agency may then disclose the information if it considers it appropriate to do so.

(5) In deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—

(a) the welfare of the adopted person;

(b) any views obtained under subsection (3);

and all the other circumstances of the case.

(6) This section does not apply to a request for information under section 59(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 56(6).

Disclosing protected information about children

61

(1) This section applies where—

(a) a person applies to the appropriate adoption agency for protected information to be disclosed to the person; and

(b) any of the information is about a person who is a child at the time of the application.

(2) The agency is not required to proceed with the application unless it considers it appropriate to do so.

(3) If the agency does proceed with the application, then, so far as the information is about a person who is at the time a child, the agency must take all reasonable steps to obtain—

(a) the views of any parent or guardian of the child; and

(b) the views of the child, if the agency considers it appropriate to do so having regard to the child’s age and understanding and to all the other circumstances of the case,

as to the disclosure of the information.

(4) And, so far as the information is about a person who has at the time attained the age of 18 years, the agency must take all reasonable steps to obtain that person’s views as to the disclosure of the information.

(5) The agency may then disclose the information if it considers it appropriate to do so.

(6) In deciding whether it is appropriate to proceed with the application, or disclose the information, where any of the information is about a person who is at the time a child—

(a) if the child is an adopted child, the child’s welfare must be the paramount consideration;

(b) in the case of any other child, the agency must have particular regard to the child’s welfare.

(7) And, in deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—

(a) the welfare of the adopted person (where subsection (6)(a) does not apply);

(b) any views obtained under subsection (3) or (4);

and all the other circumstances of the case.

(8) This section does not apply to a request for information under section 59(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 56(6).

Counselling

62

(1) Regulations may require adoption agencies to give information about the availability of counselling to persons—

(a) seeking information from them in pursuance of this group of sections;

(b) considering objecting or consenting to the disclosure of information by the agency in pursuance of this group of sections; or

(2) Regulations may require adoption agencies to make arrangements to secure the provision of counselling for persons seeking information from them in prescribed circumstances in pursuance of this group of sections.

(3) The regulations may authorise adoption agencies—

(a) to disclose information which is required for the purposes of such counselling to the persons providing the counselling;

(b) where the person providing the counselling is outside the United Kingdom, to require a prescribed fee to be paid to an adoption agency.

(4) The regulations may require the following persons to provide counselling for the purposes of arrangements under subsection (2)—

(a) an adoption authority;

(b) an appropriate voluntary organisation.

Other provision to be made by regulations

63

(1) Regulations may make provision for the purposes of this group of sections, including provision as to—

(a) the performance by adoption agencies of their functions;

(b) the manner in which information may be received; and

(2) Regulations may prescribe—

(a) the manner in which agreements made by virtue of section 56(5) are to be recorded;

(b) the information to be provided by any person on an application for the disclosure of information under this group of sections.

(3) Regulations may require adoption agencies—

(a) to give to prescribed persons prescribed information about the rights or opportunities to obtain information, or to give their views as to its disclosure, given by this group of sections;

(b) to seek prescribed information from, or give prescribed information to, the Registrar General in prescribed circumstances.

(4) Regulations may require the Registrar General—

(a) to disclose to any person (including an adopted person) on request any information which the person requires to assist the person to make contact with the adoption agency which is the appropriate adoption agency in the case of an adopted person specified in the request (or, as the case may be, in the applicant’s case);

(b) to disclose to the appropriate adoption agency any information which the agency requires about any entry relating to the adopted person on the Adoption Contact Register.

(5) Regulations may provide for the payment of a prescribed fee in respect of the disclosure in prescribed circumstances of any information in pursuance of section 59, 60 or 61; but an adopted person (“A”) may not be required to pay any fee in respect of any information disclosed to A in relation to any person who (but for A’s adoption) would be related to A by blood (including half-blood), marriage or civil partnership.

(6) Regulations may provide for the payment of a prescribed fee by an adoption agency obtaining information under subsection (4)(b).

(7) The making of regulations by virtue of subsections (3) to (6) which relate to the Registrar General requires the approval of the Department of Finance.

Sections 55 to 64: interpretation

64

In this group of sections—

“appropriate adoption agency”, in relation to an adopted person or to information relating to that person’s adoption, means— if the person was placed for adoption by an adoption agency, that agency or (if different) the agency which keeps the information in relation to that person’s adoption; in any other case, the adoption authority to which notice of intention to adopt was given;

“prescribed” means, except in section 59(4), prescribed by regulations;

“regulations” means regulations under section 9.

CHAPTER 4 — Status of adopted children

Meaning of adoption in Chapter 4

65

(1) In this Chapter “adoption” means—

(a) adoption by an adoption order made under the law of any part of the United Kingdom;

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

(c) an adoption effected under the law of a Convention country outside the United Kingdom, the Channel Islands and the Isle of Man, and certified in pursuance of Article 23(1) of the Convention (referred to in this Act as a “Convention adoption”);

(d) an overseas adoption; or

(e) an adoption recognised by the law of Northern Ireland and effected under the law of any other country.

(2) But references in this Chapter to adoption do not include an adoption effected before the day on which this Chapter comes into operation (referred to in this Chapter as “the appointed day”).

(3) Any reference in a statutory provision to an adopted person within the meaning of this Chapter includes a reference to an adopted child within the meaning of Part 5 of the Adoption (Northern Ireland) Order 1987.

Status conferred by adoption

66

(1) An adopted person is to be treated in law as if born as the child of the adopters or adopter.

(2) An adopted person is the legitimate child of the adopters or adopter and, if adopted by—

(a) two persons who are a couple; or

(b) one of a couple under section 48(2),

is to be treated as the child of the relationship of the couple in question.

(3) An adopted person—

(a) if adopted by one of a couple under section 48(2), is to be treated in law as not being the child of any person other than the adopter and the other one of the couple; and

(b) in any other case, is to be treated in law, subject to subsection (4), as not being the child of any person other than the adopters or adopter;

but this subsection does not affect any reference in this Act to a person’s natural parent or to any other natural relationship.

(4) In the case of a person adopted by one of the person’s natural parents as sole adoptive parent, subsection (3)(b) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.

(5) This section has effect from the date of the adoption.

(6) Subject to the provisions of this Chapter and Schedule 4, this section—

(a) applies for the interpretation of statutory provisions or instruments passed or made before as well as after the adoption, and so applies subject to any contrary indication; and

(b) has effect as respects things done, or events occurring, on or after the adoption.

(7) This section—

(a) does not apply to a statutory provision or other instrument passed or made before 1st October 1989 in so far as it contains a disposition of property; and

(b) does not apply to any public general Act in its application to any disposition of property in a statutory provision or other instrument passed or made before 1st October 1989.

Adoptive relatives

67

(1) A relationship existing by virtue of section 66 may be referred to as an adoptive relationship, and—

(a) an adopter may be referred to as an adoptive parent or (as the case may be) as an adoptive father or adoptive mother;

(b) any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree.

(2) Subsection (1) does not affect the interpretation of any reference, not qualified by the word “adoptive”, to a relationship.

(3) A reference (however expressed) to the adoptive mother and father of a child adopted by—

(a) two persons of the same sex who are a couple; or

(b) a partner of the child’s parent, where the couple are of the same sex,

is to be read as a reference to the child’s adoptive parents.

Rules of interpretation for instruments concerning property

68

(1) The rules of interpretation contained in this section apply (subject to any contrary indication and to Schedule 4) to any instrument so far as it contains a disposition of property.

(2) In applying section 66(1) and (2) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition is to be interpreted as if—

(a) the adopted person had been born on the date of adoption;

(b) two or more people adopted on the same date had been born on that date in the order of their actual births;

but this does not affect any reference to a person’s age.

(3) Examples of phrases in wills on which subsection (2) can operate are—

Children of A “living at my death or born afterwards”.

Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest and who attain the age of 21 years”.

As in example 1 or 2, but referring to grandchildren of A instead of children of A.

A for life “until A has a child”, and then to A’s child or children.

Note. Subsection (2) will not affect the reference to the age of 21 years in example 2.

(4) Section 66(3) does not prejudice—

(a) any qualifying interest;

(b) any interest expectant (whether immediately nor not) upon a qualifying interest; or

(c) any contingent interest (other than a contingent interest in remainder) which the adopted person has immediately before the adoption in the estate of a deceased parent, whether testate or intestate.

“Qualifying interest” means an interest vested in possession in the adopted person before the adoption.

(5) Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child—

(a) it must be presumed that once a woman has attained the age of 55 years she will not adopt a person after execution of the instrument; and

(b) if she does so, then (in spite of section 66) that person is not to be treated as her child or (if she does so as one of a couple) as the child of the other one of the couple for the purposes of the instrument.

(6) In this section, “instrument” includes a private Act settling property, but not any other statutory provision.

(7) This section does not apply to a statutory provision or other instrument passed or made before 1st October 1989.

Dispositions depending on date of birth

69

(1) Where a disposition depends on the date of birth of a person who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, section 68(2) does not affect entitlement by virtue of Part 2 of the Family Law Reform (Northern Ireland) Order 1977 or Article 22 of the Wills and Administration Proceedings (Northern Ireland) Order 1994 (dispositions of property).

(2) Subsection (1) applies for example where—

(a) a testator (“T”) dies in 2017 bequeathing a legacy to T’s eldest grandchild living at a specified time;

(b) T’s unmarried daughter has a child in 2018 who is the first grandchild;

(d) subsequently T’s unmarried daughter adopts her child as sole adoptive parent.

In that example the status of the daughter’s child as T’s eldest grandchild is not affected by the events described in paragraph (c) and (d).

Property devolving with peerages etc.

70

(1) An adoption does not affect the descent of any peerage or dignity or title of honour.

(2) An adoption does not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour.

(3) Subsection (2) applies only if and so far as a contrary intention is not expressed in the instrument, and has effect subject to the terms of the instrument.

Protection of trustees and personal representatives

71

(1) A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether any adoption has been effected or revoked if that fact could affect entitlement to the property.

(2) A trustee or personal representative is not liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if the trustee or personal representative has not received notice of the fact before the conveyance or distribution.

(3) This section does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.

Meaning of disposition

72

(1) This section applies for the purposes of this Chapter.

(2) A disposition includes the conferring of a power of appointment and any other disposition of an interest in or right over property (including a disposition by the creating of an entailed interest); and in this subsection a power of appointment includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.

(3) This Chapter applies to an oral disposition as if contained in an instrument made when the disposition was made.

(4) The date of death of a testator is the date at which a will or codicil is to be regarded as made.

(5) The provisions of the law of intestate succession applicable to the estate of a deceased person are to be treated as if contained in an instrument executed by the deceased (while of full capacity) immediately before the deceased died.

Miscellaneous

73

(1) Section 66 does not apply for the purposes of Articles 68 and 69 of the Sexual Offences (Northern Ireland) Order 2008 (sex with an adult relative) but nothing in this subsection is to be read as preventing the application of section 66 for the purposes of Article 68(3)(a) or 69(3)(a) of that Order.

(2) Section 66 does not apply for the purposes of Article 18 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 or Schedule 12 to the Civil Partnership Act 2004 (prohibited degrees of relationship).

(3) Section 66 does not apply for the purposes of any provision of—

(a) the British Nationality Act 1981;

(b) the Immigration Act 1971;

(d) any other provision of the law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.

Pensions

74

Section 66(3) does not affect entitlement to a pension which is payable to or for the benefit of a person and is in payment at the time of the person’s adoption.

Insurance

75

(1) Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial insurance company for the payment on the death of the child of money for funeral expenses, then—

(a) the rights and liabilities under the policy are by virtue of the adoption transferred to the adoptive parents; and

(b) for the purposes of the statutory provisions relating to such societies and companies, the adoptive parents are to be treated as the person who took out the policy.

(2) Where the adoption is effected by an order made by virtue of section 48(2), the references in subsection (1) to the adoptive parents are to be read as references to the adopter and the adopter’s partner.

CHAPTER 5 — Registers

Adopted Children Register, etc.

Adopted Children Register

76

(1) The Registrar General must continue to maintain at the General Register Office a register, to be called the Adopted Children Register.

(2) The Adopted Children Register is not to be open to public inspection or search, subject to regulations under this section.

(3) No entries may be made in the Adopted Children Register other than entries—

(a) directed to be made in it by adoption orders; or

(b) required to be made under Schedule 1.

(4) A certified copy of an entry in the Adopted Children Register, if purporting to be sealed or stamped with the seal of the General Register Office, is to be received as evidence of the adoption to which it relates without further or other proof.

(5) Where an entry in the Adopted Children Register contains a record—

(a) of the date of birth of the adopted person; or

(b) of the country, or the registration district, of the birth of the adopted person,

a certified copy of the entry is also to be received, without further or other proof, as evidence of that date, or country or registration district, (as the case may be) in all respects as if the copy were a certified copy of an entry in the registers of live-births.

(6) Schedule 1 (registration of adoptions and the amendment of adoption orders) has effect.

(7) Regulations may make provision for any person to have access, on payment of the prescribed fee, to any information contained in the Adopted Children Register.

(8) Regulations under subsection (7) may provide that the relevant period must have expired in relation to the information.

(9) In subsection (8) “the relevant period” in relation to the adoption of a child means the expiration of the period of 100 years from the date of the child’s birth or such other period as may be prescribed.

(10) Regulations under subsection (7) may provide for the Registrar General—

(a) to make arrangements with any person for the purpose of providing access to information as mentioned in that subsection; and

(b) for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).

Searches and copies

77

(1) The Registrar General must continue to maintain at the General Register Office an index of the Adopted Children Register.

(2) Any person may—

(a) search the index;

(b) have a certified copy of any entry in the Adopted Children Register.

(3) But a person is not entitled to have a certified copy of an entry in the Adopted Children Register relating to an adopted person who has not attained the age of 18 years unless the applicant has provided the Registrar General with the prescribed particulars.

(4) The terms, conditions and regulations as to payment of fees, and otherwise, applicable under the Births and Deaths Registration (Northern Ireland) Order 1976 in respect of—

(a) searches in indexes kept in the General Register Office;

(b) the supply from that Office of certified copies of entries in the registers of live-births,

also apply in respect of searches, and supplies of certified copies, under subsection (2).

Connections between the register and birth records

78

(1) The Registrar General must make traceable the connection between any entry in the registers of live-births or other records which has been marked “Adopted” and any corresponding entry in the Adopted Children Register.

(2) Information kept by the Registrar General for the purposes of subsection (1) is not to be open to public inspection or search.

(3) Any such information, and any other information which would enable an adopted person to obtain a certified copy of the record of the adopted person’s birth, may only be disclosed by the Registrar General in accordance with this section.

(4) In relation to a person adopted before the appointed day the court may, in exceptional circumstances, order the Registrar General to give any information mentioned in subsection (3) to a person.

(5) On an application made in the prescribed manner by the appropriate adoption agency in respect of an adopted person a record of whose birth is kept by the Registrar General, the Registrar General must give the agency any information relating to the adopted person which is mentioned in subsection (3).

(6) In relation to a person adopted before the appointed day, Schedule 2 applies instead of subsection (5).

(7) On an application made in the prescribed manner by an adopted person a record of whose birth is kept by the Registrar General and who—

(a) is under the age of 18 years; and

(b) intends to be married or form a civil partnership,

the Registrar General must inform the applicant whether or not it appears from information contained in the registers of live-births or other records that the applicant and the intended spouse or civil partner may be within the prohibited degrees of relationship.

(8) Before the Registrar General gives any information by virtue of this section, any prescribed fee which the Registrar General has demanded must be paid, but this does not apply to an application under subsection (7).

(9) In this section—

“appointed day” means the day appointed for the commencement of sections 55 to 64;

“appropriate adoption agency” has the same meaning as in section 64;

“prohibited degrees of relationship” is to be construed in accordance with Article 18 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 and Schedule 12 to the Civil Partnership Act 2004.

Adoption Contact Register

79

(1) The Registrar General must maintain at the General Register Office in accordance with regulations a register in two Parts to be called the Adoption Contact Register.

(2) Part 1 of the register is to contain the prescribed information about adopted persons who have given the prescribed notice expressing their wishes as to making contact with their relatives.

(3) The Registrar General may only make an entry in Part 1 of the register for an adopted person—

(a) a record of whose birth is kept by the Registrar General;

(b) who has attained the age of 18 years; and

(c) who the Registrar General is satisfied has such information as is necessary to enable the person to obtain a certified copy of the record of the person’s birth.

(4) Part 2 of the register is to contain the prescribed information about persons who have given the prescribed notice expressing their wishes, as relatives of adopted persons, as to making contact with those persons.

(5) The Registrar General may only make an entry in Part 2 of the register for a person—

(a) who has attained the age of 18 years; and

(b) who the Registrar General is satisfied is a relative of an adopted person and has such information as is necessary to enable the relative to obtain a certified copy of the record of the adopted person’s birth.

(6) Regulations may provide for—

(a) the disclosure of information contained in one Part of the register to persons for whom there is an entry in the other Part;

(b) the payment of prescribed fees in respect of the making or alteration of entries in the register and the disclosure of information contained in the register.

Adoption Contact Register: supplementary

80

(1) The Adoption Contact Register is not to be open to public inspection or search.

(2) In section 79, “relative”, in relation to an adopted person, means any person who (but for the adopted person’s adoption) would be related to the adopted person by blood (including half-blood), marriage or civil partnership.

(3) The Registrar General must not give any information entered in the register to any person except in accordance with subsection (6)(a) of that section or regulations made by virtue of section 63(4)(b).

Interpretation

81

(1) In this Chapter—

“prescribed” means prescribed by regulations;

“records” includes certified copies kept by the Registrar General of entries in any register of births;

“registers of live-births” means the registers of live-births made under the Births and Deaths Registration (Northern Ireland) Order 1976;

“regulations” means regulations made by the Department of Finance.

(2) Any register, record or index maintained under this Chapter may be maintained in any form the Registrar General considers appropriate; and references (however expressed) to entries in such a register, or to their amendment, marking or cancellation, are to be read accordingly.

CHAPTER 6 — Adoptions with a foreign element

Bringing children into and out of the United Kingdom

Restriction on bringing children in

82

(1) This section applies where a person who is habitually resident in the United Kingdom, any of the Channel Islands or the Isle of Man (the “British resident”)—

(a) brings, or causes another to bring, a child who is habitually resident outside the United Kingdom, any of the Channel Islands or the Isle of Man into the United Kingdom for the purpose of adoption by the British resident; or

(b) at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of twelve months ending with that time.

The references to adoption, or to a child adopted, by the British resident include a reference to adoption, or to a child adopted, by the British resident and another person.

(2) But this section does not apply if the child is intended to be adopted under a Convention adoption order.

(3) An external adoption means an adoption, other than a Convention adoption, of a child effected under the law of any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man, whether or not the adoption is—

(a) an adoption within the meaning of Chapter 4; or

(b) a full adoption (within the meaning of section 91(3)).

(4) Regulations may require a person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where this section applies—

(a) to apply to an adoption agency (including an adoption agency in Great Britain) in the prescribed manner for an assessment of the person's suitability to adopt the child; and

(b) to give the agency any information it may require for the purpose of the assessment.

(5) Regulations may require prescribed conditions to be met in respect of a child brought into the United Kingdom in circumstances where this section applies.

(6) In relation to a child brought into the United Kingdom for adoption in circumstances where this section applies, regulations may—

(a) provide for any provision of Chapter 3 to apply with modifications or not to apply;

(b) if notice of intention to adopt has been given, impose functions in respect of the child on the authority to which the notice was given.

(7) If a person (“P”) brings, or causes another to bring, a child into the United Kingdom at any time in circumstances where this section applies, P is guilty of an offence if—

(a) P has not complied with any requirement imposed by virtue of subsection (4); or

(b) any condition required to be met by virtue of subsection (5) is not met,

before that time, or before any later time which may be prescribed.

(8) A person guilty of an offence under this section is liable—

(a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.

Giving parental responsibility prior to adoption abroad

83

(1) The High Court may, on an application by persons who the court is satisfied intend to adopt a child under the law of a country or territory outside the United Kingdom, the Channel Islands and the Isle of Man, make an order giving parental responsibility for the child to them.

(2) An order under this section may not give parental responsibility to persons who the court is satisfied meet those requirements as to domicile, or habitual residence, in Northern Ireland which have to be met if an adoption order is to be made in favour of those persons.

(3) An order under this section may not be made unless any prescribed requirements are satisfied.

(4) An application for an order under this section may not be made unless at all times during the preceding ten weeks the child’s home was with the applicant or, in the case of an application by two people, both of them.

(5) Section 43(2) to (4) have effect in relation to an order under this section as they have effect in relation to adoption orders.

(6) Regulations may provide for any provision of this Act which refers to adoption orders to apply, with or without modifications, to orders under this section.

Restriction on taking children out

84

(1) A child who—

(a) is a Commonwealth citizen; or

(b) is habitually resident in the United Kingdom,

must not be removed from the United Kingdom to a place outside the United Kingdom, the Channel Islands and the Isle of Man for the purpose of adoption unless the condition in subsection (2) is met.

(2) The condition is that—

(a) the prospective adopters have parental responsibility for the child by virtue of an order under section 83; or

(b) the child is removed under the authority of an order under section 84 of the Adoption and Children Act 2002 or section 59 of the Adoption and Children (Scotland) Act 2007.

(3) Removing a child from the United Kingdom includes arranging to do so; and the circumstances in which a person arranges to remove a child from the United Kingdom include those where the person—

(a) enters into an arrangement for the purpose of facilitating such a removal of the child;

(b) initiates or takes part in any negotiations of which the purpose is the conclusion of an arrangement within paragraph (a); or

An arrangement includes an agreement (whether or not enforceable).

(4) A person who removes a child from the United Kingdom in contravention of subsection (1) is guilty of an offence.

(5) A person is not guilty of an offence under subsection (4) of causing a person to take any step mentioned in paragraph (a) or (b) of subsection (3) unless it is proved that the person knew or had reason to suspect that the step taken would contravene subsection (1).

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.

(7) In any proceedings under this section—

(a) a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer is admissible, upon proof that the officer or the deponent cannot be found in the United Kingdom, as evidence of the matters stated in it; and

(b) it is not necessary to prove the signature or official character of the person who appears to have signed any such report or deposition.

Power to modify sections 82 and 84

85

(1) Regulations may provide for section 82 not to apply if—

(a) the adopters or (as the case may be) prospective adopters are natural parents, natural relatives or guardians of the child in question (or one of them is); or

(b) the British resident in question is a partner of a parent of the child,

and any prescribed conditions are met.

(2) Regulations may provide for section 84(1) to apply with modifications, or not to apply, if—

(a) the prospective adopters are parents, relatives or guardians of the child in question (or one of them is); or

(b) the prospective adopter is a partner of a parent of the child,

and any prescribed conditions are met.

Adoptions from abroad: special restrictions

Declaration of special restrictions on adoptions from abroad

86

(1) This section applies if the Department has reason to believe that, because of practices taking place in a country or territory outside the United Kingdom, the Channel Islands and the Isle of Man, (the “other country”) in connection with the adoption of children, it would be contrary to public policy to further the bringing of children into the United Kingdom in the cases mentioned in subsection (2).

(2) The cases are that—

(a) a British resident wishes to bring, or cause another to bring, a child who is not a British resident into the United Kingdom for the purpose of adoption by the British resident, and, in connection with the proposed adoption, there have been, or would have to be, proceedings in the other country or dealings with authorities or agencies there, or

(b) a British resident wishes to bring, or cause another to bring, into the United Kingdom a child adopted by the British resident under an adoption effected, within the period of twelve months ending with the date of the bringing in, under the law of the other country.

(3) The Department may by order declare, in relation to any such country or territory, that special restrictions are to apply for the time being in relation to the bringing in of children in the cases mentioned in subsection (2).

(4) A country or territory in relation to which such a declaration has effect for the time being is referred to in this section as a “restricted country”.

(5) The Department must publish reasons for making the declaration in relation to each restricted country.

(6) The Department must publish a list of restricted countries (“the restricted list”) and keep the list up to date.

(7) The reasons and the restricted list are to be published in whatever way the Department thinks appropriate for bringing them to the attention of adoption agencies and members of the public.

(8) In this section, “British resident” means a person who is habitually resident in the United Kingdom, the Channel Islands and the Isle of Man, and the reference to adoption by a British resident includes adoption by a British resident and another person.

Review

87

(1) The Department must keep under review, in relation to each restricted country, whether it should continue to be a restricted country.

(2) If the Department determines, in relation to a restricted country, that there is no longer reason to believe what is mentioned in subsection (1) of section 86, the Department must by order revoke the order containing the declaration made in relation to it under subsection (3) of that section.

(3) In this section, “restricted country” has the same meaning as in section 86.

The special restrictions

88

(1) The special restrictions mentioned in section 86(3) are that the Department is not to take any step it might otherwise have taken in connection with furthering the bringing of a child into the United Kingdom in the cases mentioned in section 86(2) (whether or not that step is provided for by or by virtue of any statutory provision), except as mentioned in subsection (2).

(2) Nothing in subsection (1) prevents the Department from taking those steps if, in any particular case, the prospective adopters or, as the case may be, the adopters satisfy the Department that it should take those steps despite the special restrictions.

(3) The Department may make regulations providing for—

(a) the procedure to be followed by the Department in determining whether or not it is satisfied as mentioned in subsection (2);

(b) matters which the Department is to take into account when making such a determination (whether or not it also takes other matters into account).

Imposition of extra conditions in certain cases

89

(1) The Department may make regulations providing—

(a) for it to specify in the restricted list, in relation to any restricted country, a step which is not otherwise provided for by or by virtue of any statutory provision but which, by virtue of the arrangements between the United Kingdom and that country, the Department normally takes in connection with the bringing in of a child where that country is concerned; and

(b) that, if such a step has been so specified in relation to a restricted country, one or more conditions specified in the regulations are to be met in respect of a child brought into the United Kingdom in either of the cases mentioned in section 86(2) (reading the reference there to the “other country” as being to the restricted country in question).

(2) Those conditions are in addition to any provided for by virtue of—

(a) section 82; or

(b) under or by virtue of any other statutory provision.

(3) A person who brings, or causes another to bring, a child into the United Kingdom is guilty of an offence if any condition required to be met by virtue of subsection (1)(b) is not met.

(4) Subsection (3) does not apply if the step specified in the restricted list in relation to any country had already been taken before the publication of the restricted list.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment to imprisonment for a term not exceeding twelve months, or a fine, or both.

(6) In this section, “restricted country” and “restricted list” have the same meanings as in section 86.

Overseas adoptions

90

(1) In this Act, “overseas adoption”—

(a) means an adoption of a prescribed description, being a description of adoptions effected under the law of any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man; but

(b) does not include a Convention adoption.

(2) Regulations may prescribe the requirements that ought to be met by an adoption of any description effected after the commencement of the regulations for it to be an overseas adoption for the purposes of this Act.

(3) At any time when regulations under this section have effect, the Department must exercise its powers under this section so as to secure that subsequently effected adoptions of any description are not overseas adoptions for the purposes of this Act if the Department considers that they are not likely within a reasonable time to meet the prescribed requirements.

(4) In this section references to this Act include the Adoption (Northern Ireland) Order 1987.

(5) Regulations under this section may contain provision as to the manner in which evidence of any overseas adoption may be given.

(6) In this section “adoption” means an adoption of a child or of a person who was a child at the time the adoption was applied for.

Miscellaneous

Modification of section 66 for Hague Convention adoptions

91

(1) If the High Court is satisfied, on an application under this section, that each of the following conditions is met in the case of a Convention adoption, it may direct that section 66(3) does not apply, or does not apply to any extent specified in the direction.

(2) The conditions are—

(a) that under the law of the country in which the adoption was effected, the adoption is not a full adoption;

(b) that the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption or that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention);

(3) A full adoption is an adoption by virtue of which the child is to be treated in law as not being the child of any person other than the adopters or adopter.

(4) In relation to a direction under this section and an application for it, Articles 35 and 36 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations under Part 5 of that Order as to status) apply as they apply in relation to a direction under that Part and an application for such a direction.

Annulment etc. of overseas or Hague Convention adoptions

92

(1) The High Court may, on an application under this subsection, by order annul a Convention adoption or Convention adoption order on the ground that the adoption is contrary to public policy.

(2) The High Court may, on an application under this subsection—

(a) by order provide for an overseas adoption or a determination under section 94 to cease to be valid on the ground that the adoption or determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case; or

(b) decide the extent, if any, to which a determination under section 94 has been affected by a subsequent determination under that section.

(3) The High Court may, in any proceedings in that court, decide that an overseas adoption or a determination under section 94 is to be treated, for the purposes of those proceedings, as invalid on either of the grounds mentioned in subsection (2)(a).

(4) Subject to subsections (1) to (3), the validity of a Convention adoption, Convention adoption order or overseas adoption or a determination under section 94 cannot be called in question in proceedings in any court in Northern Ireland.

Section 92: supplementary

93

(1) Any application for an order under section 92 or a decision under subsection (2)(b) or (3) of that section must be made in the manner, and within any period, prescribed by rules of court.

(2) No application may be made under section 92(1) in respect of an adoption unless immediately before the application is made—

(a) the person adopted; or

(b) the adopters or adopter,

habitually reside in Northern Ireland.

(3) In deciding in pursuance of section 92 whether such an authority as is mentioned in section 94 was competent to entertain a particular case, a court is bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to entertain the case.

Overseas determinations and orders

94

(1) Subsection (2) applies where any authority of a Convention country (other than the United Kingdom) or of the Channel Islands, the Isle of Man or any British overseas territory has power under the law of that country or territory—

(a) to authorise, or review the authorisation of, an adoption order made in that country or territory; or

(b) to give or review a decision revoking or annulling such an order or a Convention adoption.

(2) If the authority makes a determination in the exercise of that power, the determination is to have effect for the purpose of effecting, confirming or terminating the adoption in question or, as the case may be, confirming its termination.

(3) Subsection (2) is subject to section 92 and to any subsequent determination having effect under that subsection.

Power to charge

95

(1) This section applies to adoptions to which—

(a) section 82 applies; or

(b) regulations made under section 1 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 apply.

(2) The Department may charge a fee to adopters for services provided or to be provided by the Department in relation to adoptions to which this section applies.

(3) The Department may determine the level of fee as it sees fit, and may in particular—

(a) charge a flat fee; and

(b) waive a fee.

(4) But the Department must secure that, taking one financial year with another, the income from fees under this section does not exceed the total cost to the Department of providing the services in relation to which the fees are imposed.

(5) In this section references to adoptions and adopters include prospective adoptions and prospective adopters.

CHAPTER 7 — Miscellaneous

Restrictions

Restriction on arranging adoptions etc.

96

(1) A person who is neither an adoption agency nor acting in pursuance of an order of the High Court must not take any of the steps mentioned in subsection (2).

(2) The steps are—

(a) asking a person other than an adoption agency to provide a child for adoption;

(b) asking a person other than an adoption agency to provide prospective adopters for a child;

(d) offering a child for adoption to a person other than an adoption agency;

(e) handing over a child to any person other than an adoption agency with a view to the child’s adoption by that or another person;

(f) receiving a child handed over to the person in contravention of paragraph (e);

(g) entering into an agreement with any person for the adoption of a child, or for the purpose of facilitating the adoption of a child, where no adoption agency is acting on behalf of the child in the adoption;

(h) initiating or taking part in negotiations of which the purpose is the conclusion of an agreement within paragraph (g);

(i) causing another person to take any of the steps mentioned in paragraphs (a) to (h).

(3) Subsection (1) does not apply to a person taking any of the steps mentioned in paragraphs (d), (e), (g), (h) and (i) of subsection (2) if the following condition is met.

(4) The condition is that—

(a) the prospective adopters are parents, relatives or guardians of the child (or one of them is); or

(b) the prospective adopter is the partner of a parent of the child.

(5) References to an adoption agency in subsection (2) include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances in respect of the child in question.

(6) The Department may by order make any amendments of subsections (1) to (4), and any consequential amendments of this Act, which the Department considers necessary or expedient.

(7) In this section “agreement” includes an arrangement (whether or not enforceable).

Offence of breaching restrictions under section 96

97

(1) A person who contravenes section 96(1) is guilty of an offence; and, if that person is an adoption society, the person who manages the society is also guilty of the offence.

(2) A person (“P”) is not guilty of an offence under subsection (1) of taking the step mentioned in paragraph (f) of section 96(2) unless it is proved that P knew or had reason to suspect that the child was handed over to the person in contravention of paragraph (e) of that subsection.

(3) A person (“P”) is not guilty of an offence under subsection (1) of causing a person to take any of the steps mentioned in paragraphs (a) to (h) of section 96(2) unless it is proved that P knew or had reason to suspect that the step taken would contravene the paragraph in question.

(4) But subsections (2) and (3) only apply if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £10,000, or both.

Restriction on reports

98

(1) A person who is not within a prescribed description may not, in any prescribed circumstances, prepare a report for any person about the suitability of a child for adoption or of a person to adopt a child or about the adoption, or placement for adoption, of a child.

(2) If a person (“P”)—

(a) contravenes subsection (1); or

(b) causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,

P is guilty of an offence.

(3) If a person who works for an appropriate voluntary organisation—

(a) contravenes subsection (1); or

(b) causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,

the person who manages the appropriate voluntary organisation is also guilty of the offence.

(4) A person (“P”) is not guilty of an offence under subsection (2)(b) unless it is proved that P knew or had reason to suspect that the report would be, or had been, prepared in contravention of subsection (1); but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether P had the knowledge or reason mentioned.

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

Prohibition of certain payments

99

(1) This section applies to any payment (other than an excepted payment) which is made for or in consideration of—

(a) the adoption of a child;

(b) giving any consent required in connection with the adoption of a child;

(c) removing from the United Kingdom a child who is a Commonwealth citizen, or is habitually resident in the United Kingdom, to a place outside the United Kingdom, the Channel Islands and the Isle of Man for the purpose of adoption;

(d) a person (who is neither an adoption agency nor acting in pursuance of an order of the High Court) taking any step mentioned in section 96(2);

(e) preparing, causing to be prepared or submitting a report the preparation of which contravenes section 98(1).

(2) In this section and section 100, removing a child from the United Kingdom has the same meaning as in section 84.

(3) Any person who—

(a) makes any payment to which this section applies;

(b) agrees or offers to make any such payment; or

is guilty of an offence.

(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £10,000, or both.

Excepted payments

100

(1) A payment is an excepted payment if it is made by virtue of, or in accordance with provision made by or under this Act, the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.

(2) A payment is an excepted payment if it is made to an adoption agency by—

(a) a parent or guardian of a child; or

(b) a person who adopts or proposes to adopt a child;

in respect of expenses reasonably incurred by the adoption agency in connection with the adoption or proposed adoption of the child.

(3) A payment is an excepted payment if it is made in respect of any legal or medical expenses incurred or to be incurred by any person in connection with an application to a court which the person has made or proposes to make for an adoption order, a placement order, or an order under section 23, 49 or 83.

(4) A payment made as mentioned in section 99(1)(c) is an excepted payment if—

(a) the condition in section 84(2) is met; and

(b) the payment is made in respect of the travel and accommodation expenses reasonably incurred in removing the child from the United Kingdom for the purpose of adoption.

Sections 96 to 100: interpretation

101

In sections 96 to 100—

“adoption agency” includes an adoption agency in Great Britain;

“payment” includes reward; and

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.

Information

Pre-commencement adoptions: information

102

(1) Regulations under section 9 may make provision for the purpose of—

(a) assisting persons adopted before the appointed day who have attained the age of 18 to obtain information in relation to their adoption;

(b) assisting a natural parent of a person referred to in paragraph (a) to obtain information in relation to that person’s adoption; and

(2) Regulations under section 9 may make provision for the purpose of facilitating contact between persons with a prescribed relationship to a person adopted before the appointed day and that person’s relatives.

(3) Regulations under section 9 may make provision for the purpose of authorising or requiring adoption agencies in prescribed circumstances to disclose or provide access to prescribed information relating to the adoption of a person adopted before the appointed day who has attained the age of 18.

(4) For a purpose within subsection (1) or (2) the regulations may confer functions on—

(a) adoption agencies; and

(b) the Registrar General.

(5) For a purpose within subsection (1) or (2) the regulations may—

(a) authorise or require any person mentioned in subsection (4) to disclose information;

(b) authorise or require the disclosure of information contained in records of any court kept under the Public Records Act (Northern Ireland) 1923.

(6) For a purpose within subsection (1), (2) or (3) the regulations may impose conditions on the disclosure of information, including conditions restricting its further disclosure.

(7) The regulations may authorise the charging of prescribed fees by any person mentioned in subsection (3) or (4) or in respect of the disclosure of information under subsection (5)(b); but an adopted person (“A”) may not be required to pay any fee in respect of any information disclosed to A or to which A was provided access.

(8) An authorisation or requirement to disclose information by virtue of subsection (3) or (5)(a) has effect in spite of any restriction on the disclosure of information in Chapter 5.

(9) The making of regulations by virtue of subsections (4) to (7) which relate to the Registrar General requires the approval of the Department of Finance.

(10) In this section—

“appointed day” means the day appointed for the commencement of sections 55 to 64;

“prescribed” means prescribed by regulations under section 9;

“relative”, in relation to an adopted person (“A”), means any person who (but for A’s adoption) would be related to A by blood (including half-blood), marriage or civil partnership.

Proceedings

Proceedings for offences

103

Proceedings for an offence by virtue of section 9 or 58 may not, without the consent of the Director of Public Prosecutions for Northern Ireland, be taken by any person other than the RQIA.

Appeals

104

(1) An appeal lies to the High Court against—

(a) the making by a county court of any order under this Act; or

(b) any refusal by a county court to make such an order,

as if the decision had been made in the exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (original civil jurisdiction) and the appeal were brought under Article 60 of that Order (ordinary appeals in civil cases).

(2) On an appeal under subsection (1), the High Court may make such orders as may be necessary to give effect to its determination of the appeal.

(3) Where an order is made under subsection (2), the High Court may also make such incidental or consequential orders as appear to it to be just.

(4) Any order of the High Court made on an appeal under subsection (1) (other than one directing that an application be re-heard by the county court) is to be treated, for the purposes of—

(a) the enforcement of the order; and

(b) any power to vary, revive or discharge orders,

as if it were an order of the county court from which the appeal was brought and not an order of the High Court.

(5) Subsections (1) to (4) are subject to paragraphs (14) and (15) of Article 166 of the Children Order.

Privacy

105

(1) Rules of court may make provision for the court to sit in private in any proceedings under this Act.

(2) In Schedule 2 to the Administration of Justice Act 1960, in sub-paragraph (1) of the entry relating to section 12, in subsection (1)(a)(ii) after “1995” insert “or the Adoption and Children Act (Northern Ireland) 2022”.

(3) Paragraphs (2) to (9A) of Article 170 of the Children Order have effect for the purposes of this Act as if references in those paragraphs to that Order included references to this Act.

(4) This section is without prejudice to—

(a) the generality of any other power to make rules of court; or

(b) any other power of the court to sit in private.

Children’s court guardians

106

(1) Rules of court must provide for the appointment in prescribed cases of a children’s court guardian for the purposes of any relevant application.

(2) Rules of court may provide for the children’s court guardian—

(a) to act on behalf of the child upon the hearing of any relevant application, with the duty of safeguarding the interests of the child in the prescribed manner;

(b) where the court so requests, to prepare a report on matters relating to the welfare of the child in question;

(3) A report prepared in pursuance of the rules of court on matters relating to the welfare of a child must—

(a) deal with prescribed matters (unless the court orders otherwise); and

(b) be made in the manner required by the court.

(4) A person who—

(a) in the case of an application for the making, varying or revocation of a placement order, is employed by the adoption authority which made the application;

(b) in the case of an application for an adoption order in respect of a child who was placed for adoption, is employed by the adoption agency which placed the child; or

is not to be appointed under subsection (1).

(5) In this section, “relevant application” means an application for—

(a) the making, varying or revocation of a placement order;

(b) the making of an order under section 23, or the varying or revocation of such an order;

(d) the making of an order under section 83.

(6) Rules may make provision as to the assistance which the court may require a children’s court guardian to give to it.

(7) In subsections (1) to (4) “prescribed” means prescribed by rules of court.

(8) The Department may by regulations provide that children’s court guardians appointed under this section must be selected from persons employed or approved for that purpose by such special agency or other public body as may be prescribed.

(9) Subsection (8) is not to be taken to prejudice the power of the Lord Chief Justice to confer or impose duties on the Official Solicitor under section 75(2) of the Judicature (Northern Ireland) Act 1978.

(10) The regulations may, in particular, make provision—

(a) for the employment or approval of persons for the purposes of this section by such special agency or other public body as may be prescribed;

(b) as to the qualifications for appointment as a children’s court guardian;

(c) as to the training to be given to children’s court guardians or to persons with a view to their appointment as children’s court guardians; and

(d) for monitoring the work of children’s court guardians.

(11) The Department may, with the approval of the Department of Finance, make such grants as the Department considers appropriate with respect to expenditure incurred under regulations made under subsection (8).

Right of access to adoption agency records

107

(1) Where a children’s court guardian has been appointed to act under section 106(1), the children’s court guardian has the right at all reasonable times to examine and take copies of any records of, or held by, an adoption agency which were compiled in connection with the making, or proposed making, by any person of any application under this Part in respect of the child concerned.

(2) Where a children’s court guardian takes a copy of any record which the children’s court guardian is entitled to examine under this section, that copy or any part of it is admissible as evidence of any matter referred to in any—

(a) report which the children’s court guardian makes to the court in the proceedings in question; or

(b) evidence which the children’s court guardian gives in those proceedings.

(3) Subsection (2) has effect regardless of any statutory provision or rule of law which would otherwise prevent the record in question being admissible in evidence.

Evidence

108

(1) If a document signifying any consent which is required by this Part to be given is witnessed in accordance with rules of court, it is to be admissible in evidence without further proof of the signature of the person by whom it was executed.

(2) A document signifying any such consent which purports to be witnessed in accordance with rules of court is to be presumed to be so witnessed, and to have been executed and witnessed on the date and at the place specified in the document, unless the contrary is proved.

Orders made in Great Britain, etc.

Effect of certain Scottish orders and provisions

109

(1) A Scottish adoption order has effect in Northern Ireland as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

(2) A Scottish permanence order which includes provision granting authority for the child to be adopted has the same effect in Northern Ireland as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

(3) Any person who contravenes any of the provisions of the Adoption and Children (Scotland) Act 2007 mentioned in subsection (4) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale or both.

(4) The provisions are—

(a) section 20 (restrictions on removal: child placed for adoption);

(b) section 21 (restrictions on removal: notice of intention to adopt given);

(5) Orders made under section 24 of the Adoption and Children (Scotland) Act 2007 (return of child removed in breach of certain provisions) are to have effect in Northern Ireland as if they were orders of the High Court under section 38 of this Act.

(6) In this section—

“Scottish adoption order” includes an order under section 25 of the Adoption (Scotland) Act 1978 (interim adoption orders);

“Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (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).

Effect of certain orders made in England and Wales

110

(1) The following have effect in Northern Ireland as they have effect in England and Wales—

(a) an adoption order within the meaning of section 46(1) of the Adoption and Children Act 2002;

(b) an order made under section 21 of that Act (placement orders), and the variation or revocation of such an order under section 23 or 24 of that Act;

(d) an order under section 41 of that Act (recovery orders).

(2) Any person who contravenes any of the provisions of the Adoption and Children Act 2002 mentioned in subsection (3) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale or both.

(3) The provisions are—

(a) section 30 (general prohibitions on removal);

(b) section 34 (placement orders: prohibitions on removal);

Use of adoption records from Great Britain, etc.

111

Any document which is receivable as evidence of any matter—

(a) in Scotland under section 56(1) or (2) of the Adoption and Children (Scotland) Act 2007;

(b) in England and Wales under section 77(4) and (5) of the Adoption and Children Act 2002; or

(c) in the Isle of Man or any of the Channel Islands under a statutory provision corresponding to section 76(3) of this Act,

is also receivable as evidence of that matter in Northern Ireland.

Channel Islands and the Isle of Man

112

(1) Regulations may provide—

(a) for a reference in any provision of this Act to an order of a court to include an order of a court in the Isle of Man or any of the Channel Islands which appears to the Department to correspond in its effect to the order in question;

(b) for a reference in any provision of this Act to an adoption agency to include a person who appears to the Department to exercise functions under the law of the Isle of Man or any of the Channel Islands which correspond to those of an adoption agency and for any reference in any provision of this Act to a child placed for adoption by an adoption agency to be read accordingly;

(c) for a reference in any provision of this Act to a statutory provision (including a provision contained in this Act) to include a provision of the law of the Isle of Man or any of the Channel Islands which appears to the Department to correspond in its effect to that statutory provision;

(d) for any reference in any provision of this Act to the United Kingdom or to Great Britain to include the Isle of Man or any of the Channel Islands.

(2) Regulations may modify any provision of this Act, as it applies to any order made, or other thing done, under the law of the Isle of Man or any of the Channel Islands.

General

Avoiding delay

113

(1) In proceedings in which a question may arise as to whether an adoption order or placement order should be made, or any other question with respect to such an order, the court must (in the light of any rules made by virtue of subsection (2))—

(a) draw up a timetable with a view to determining such a question without delay; and

(b) give such directions as it considers appropriate for the purpose of ensuring that the timetable is adhered to.

(2) Rules of court may—

(a) prescribe periods within which prescribed steps must be taken in relation to such proceedings; and

(b) make other provision with respect to such proceedings for the purpose of ensuring that such questions are determined without delay.

Service of notices etc.

114

(1) Any notice or information required to be given by virtue of this Act may be given by post.

(2) Section 24 of the Interpretation Act (Northern Ireland) 1954 has effect in relation to this Act as if in subsection (1) the word “registering” were omitted.

Jurisdiction of courts

115

(1) In this Act “the court” means the High Court or a county court.

(2) Subsection (1) is subject to any provision made by or under subsection (4) or Schedule 7 to the Children Order.

(3) In paragraphs 1 and 2 of Schedule 7 to the Children Order, after “this Order” in each place where it occurs insert “or the Adoption and Children Act (Northern Ireland) 2022”.

(4) The Department of Justice may, after consulting the Lord Chief Justice, by order provide for courts of summary jurisdiction to be included among the courts who may hear proceedings under this Part.

(5) Any power to make an order under subsection (4) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under this Act or any other statutory provision.

PART 2 — Children order amendments

Definition of family proceedings

116

In Article 8 of the Children Order (residence, contact and other orders with respect to children), in paragraph (4) after sub-paragraph (h) insert—

(ha) Part 2 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 20 of that Schedule).

Article 8 orders: authority foster parents

117

In Article 9 of the Children Order (restrictions on making Article 8 orders)—

(a) in paragraph (3)(c), for “three years” substitute “one year”; and

(b) omit paragraph (4).

Duration of residence orders

118

(1) The Children Order has effect in relation to a child who is looked after by an authority (within the meaning of that Order) as follows.

(2) Article 9(6) (restrictions on making Article 8 orders) has effect as if for the words from the beginning to “Article 8 order” there were substituted “No court shall make a specific issue order, contact order or prohibited steps order”.

(3) Article 179(10) (duration of Article 8 orders), has effect as if after “Article 8 order” there were inserted “other than a residence order”.

Special guardianship

119

(1) After Article 14 of the Children Order insert—

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