Adoption and Children Act (Northern Ireland) 2022

• (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20 of the Adoption and Children Act 2002 or section 31(2) of the Adoption and Children (Scotland) Act 2007 (and has not withdrawn the consent) and does not oppose the making of the adoption order; or

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

• (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

• (c) no parent or guardian opposes the making of the adoption order.

• (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

• (c) there is some other reason justifying the child’s being adopted by the applicant alone,

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

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;

• (c) any person who had parental responsibility for the child immediately before the making of the adoption order;

• (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

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

• (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

• (c) any representations made to the court by—

• (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;

• (c) on an application for such an order to be varied or revoked.

• (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

Parental etc. consent

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

• (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

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• (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);

• (c) any prescribed matters,

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);

• (c) any prescribed matters,

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

• (c) considering entering with the agency into an agreement prescribed for the purposes of section 56(5).

• (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

• (c) the matters mentioned in subsections (2) to (6).

• (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—

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;

• (c) T’s married son has a child in 2019;

• (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;

• (c) any instrument having effect under a provision within paragraph (a) or (b); or

• (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

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

• (c) causes another person to take any step mentioned in paragraph (a) or (b).

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

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);

• (c) that it would be more favourable to the adopted child for a direction to be given under subsection (1).

• (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;

• (c) offering to find a child for adoption;

• (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