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The Human Fertilisation and Embryology (Parental Orders) Regulations 2010

Type Statutory-Instrument
Publication 2010-03-24
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
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Made: 24th March 2010

Coming into force: 6th April 2010

A draft of this instrument was laid before Parliament in accordance with section 62(4) of that Act and approved by a resolution of each House of Parliament.

Citation, commencement, extent and interpretation

1

Application of certain provisions of the 2002 Act subject to modifications

2

The provisions of the 2002 Act set out in column 1 of Schedule 1 have effect in relation to parental orders made in England and Wales and applications for such orders as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in column 2 of that Schedule.

Application of certain provisions of the 1987 Order subject to modifications

3

The provisions of the 1987 Order set out in column 1 of Schedule 2 have effect in relation to parental orders made in Northern Ireland and applications for such orders as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in column 2 of that Schedule.

Application of certain provisions of the 2007 Act subject to modifications

4

The provisions of the 2007 Act set out in column 1 of Schedule 3 have effect in relation to parental orders made in Scotland and applications for such orders as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in column 2 of that Schedule.

References in enactments to be read as references to parental orders etc.

5

In the enactments mentioned in column 1 of Schedule 4, the references mentioned in column 2 of that Schedule (which relate to adoption, adopted children or an adoptive relationship) are to be read as provided for in column 2.

Appeals: England and Wales

6

In section 94 of the Children Act 1989[^f00006] (which relates to appeals from decisions of a magistrates’ court in England and Wales) any reference to an order under the 2002 Act is to be read as including a reference to—

Family Proceedings Rules: England and Wales

7

Until section 75 of the Courts Act 2003[^f00007] (Family Procedure Rules) comes into force in relation to parental orders, section 141 of the 2002 Act as applied by regulation 2 and Schedule 1 is to have effect as if—

SCHEDULE 1 — Application of Adoption and Children Act 2002 Provisions with Modifications to Parental Orders and Applications for such Orders

Column 1 Column 2
Provisions of the 2002 Act Modifications
Section 1 (considerations applying to the exercise of powers) As if the words “or adoption agency” were omitted on each occasion they appear; as if in section 1(1) for “the adoption of” there were substituted “the making of a parental order in relation to”; as if in section 1(4) the words “or agency” were omitted on each occasion they appear; as if in section 1(4)(c) for “an adopted person” there were substituted “the subject of a parental order”; as if in section 1(4)(f) the words from “including” to “regarding the child” were omitted; as if section 1(5) were omitted; as if in section 1(6) after “whether” there were inserted “under section 54 of the Human Fertilisation and Embryology Act 2008,”, as if after the words “this Act” on the first occasion they appear there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”[^f00010] and as if for “any order under this Act” there were substituted “an order under that section or under this Act as so applied”; as if in section 1(7) for “the adoption of” there were substituted “the making of a parental order in relation to”; as if for the words in section 1(7)(a) from “include” to “variation of such an order),” there were substituted “include a parental order (or the revocation of such an order),”; and as if in section 1(7)(b) the words “adoption agency or” were omitted.
Section 2(5) (basic definitions)
Section 36(1), (4), (6) and (7) (restrictions on removal) As if in section 36(1) the words from “(“the people concerned”)” to “people concerned” were omitted; as if for section 36(1)(a) there were substituted “(a) who have applied for a parental order in respect of the child and the application has not been disposed of,”; as if section 36(1)(b) and (c) were omitted; as if in section 36(1) for the words from “group of sections” to “Northern Irish adoption agency” there were substituted “section and section 37 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 36(4) for “This section” there were substituted “In the case of an application for a parental order under section 54(11) of the Human Fertilisation and Embryology Act 2008 this section,”; as if section 36(6)(a) were omitted; as if in section 36(6)(b) after “this section,” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; and as if in section 36(7) for “This group of sections applies” there were substituted “This section and section 37, as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations, apply”.
Section 37 (applicants for adoption) As if after “section 36(1)(a),” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Section 41 (recovery orders) As if in section 41(1)(a) for “any of the preceding provisions of this Chapter” there were substituted “section 36 or 37 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if section 41(1)(b) were omitted; as if in section 41(2)(a) after “subsection (4)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 41(3) after “subsection (2)(d)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 41(4) after “subsection (2)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; and as if section 41(4)(c) were omitted.
Section 46(1) to (4) (adoption orders) As if for the words “an adoption order” on each occasion they appear there were substituted “a parental order”; as if for section 46(1) there were substituted 1 A parental order transfers parental responsibility for a child in respect of whom it is made to the persons who obtained the order ; as if in section 46(2)(a) for “adopters or adopter” there were substituted “persons who obtained the order” and for “adopted child” there were substituted “child who is the subject of the parental order”; as if in section 46(2)(d) the word “adopted” was omitted and for “adoption” there were substituted “parental”; and as if section 46(3)(b) were omitted.
Section 48 (restrictions on making adoption orders) As if for the words “an adoption order” on each occasion they appear there were substituted “a parental order”; as if in section 48(1) after “subsection (2)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 48(2) for paragraphs (a) and (b) there were substituted “for a parental order, whether made in England and Wales or in Scotland or Northern Ireland.”.
Section 60(1) and (4) (disclosing information to adopted adult) As if in section 60(1) for “an adopted person who” there were substituted “a person who is the subject of a parental order and”; as if in section 60(4) for “adoption order” and “adoption” there were substituted “parental order” and as if the word “adopted” and “also” were omitted; and as if at the end of section 60(4) there were inserted But the court must not provide a copy of any prescribed document or prescribed order to the person who is the subject of the parental order unless that person certifies that they have— a been informed about the availability of counselling services providing counselling in relation to the implications of compliance with the request; and b been given a suitable opportunity to receive counselling. .
Section 64(1) (other provision to be made by regulations) As if section 64(1)(a) and (c) were omitted.
Section 65(1) (sections 56 to 65: interpretation) As if the definition of “appropriate adoption agency” and the definition of “regulations” were omitted; and as if in the definition of “subordinate legislation” the words “regulations or” were omitted.
Section 67(1) to (3), (5) and (6) (status conferred by adoption) As if for the words “an adopted person” on each occasion they appear there were substituted “a person who is the subject of a parental order”; as if for the words “adopters or adopter” on each occasion they appear there were substituted “persons who obtained the order”; as if in section 67(2) the words from “and, if adopted by” to “section 51(2),” were omitted; as if in section 67(2) for “the couple in question” there were substituted “those persons”; as if section 67(3)(a) were omitted; as if in section 67(3)(b) the words “in any other case,” and “subject to subsection (4)” were omitted; as if in section 67(5) for “adoption” there were substituted “parental order”; as if in section 67(6) for “and Schedule 4” there were substituted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; and as if in section 67(6) for the word “adoption” on each occasion it appears there were substituted “making of the parental order”.
Section 68(3) (adoptive relatives) As if in section 68(3) for the words from “adoptive mother” onwards there were substituted “mother and father of a child who is the subject of a parental order obtained by two persons of the same sex is to be read as a reference to the child’s parents”.
Section 69 (rules of interpretation for instruments concerning property) As if in section 69(1) the words “and to Schedule 4” were omitted; as if in section 69(2) after “and (2)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 69(2) for “adoptive parent or parents” there were substituted “persons who obtained the parental order”; as if in section 69(2)(a) for “adopted person” there were substituted “person who is the subject of the parental order” and for “adoption” there were substituted “the parental order”; as if in section 69(2)(b) for “adopted” there were substituted “who are the subject of parental orders”; as if in section 69(3) after “subsection (2)” and in section 69(4) after “Section 67(3)” and in section 69(5)(b) after “section 67”, there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 69(4) for “adopted person” there were substituted “person who is the subject of a parental order” and for “adoption” there were substituted “parental order is made”; as if in section 69(5)(a) for “adopt” there were substituted “apply for a parental order in respect of”; and as if in section 69(5)(b) for the words from “as her child” to “the instrument” there were substituted “for the purposes of the instrument as her child or as the child of the person with whom she obtained the order”.
Section 71 (property devolving with peerages etc) As if for the words “an adoption” on each occasion they appear there were substituted “a parental order”; and as if in section 71(3) after “Subsection (2)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Section 72 (1) (protection of trustees and personal representatives) As if in section 72(1) for “adoption” there were substituted “parental order” and for “effected” there were substituted “made”.
Section 73 (meaning of disposition) As if in section 73(3) after the words “This Chapter” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Section 74 (miscellaneous enactments)[^f00011] As if in section 74(1) and 74(2) after the words “Section 67” on each occasion they appear there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; and as if in section 74(1) after “not apply” there were inserted “so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s parent before the order was made”.
Section 75 (pensions) As if for “person’s adoption” there were substituted “making of a parental order in respect of that person”.
Section 76(1) (insurance) As if for “is adopted whose” there were substituted “is the subject of a parental order and the child’s” as if for “adoption” there were substituted “parental order”; and as if for the words “adoptive parents” on each occasion they appear there were substituted “persons who obtained the order”.
Section 77 (adopted children register) As if for the words “Adopted Children Register” on each occasion they appear there were substituted “Parental Order Register”; as if in section 77(3)(a) for “adoption orders” there were substituted “parental orders”; as if in section 77(3)(b) after “Schedule 1” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 77(4) for “adoption” there were substituted “parental order”; as if in section 77(5) for the words “adopted person” on each occasion they appear there were substituted “person who is the subject of the parental order”; as if in section 77(6) for “adoptions” and for “adoption orders” there were substituted “parental orders”; and as if in section 77(6) after “amendment of parental orders)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Section 78 (searches and copies)[^f00012] As if the words “Adopted Children Register” on each occasion they appear there were substituted “Parental Order Register”; as if in section 78(2) there were substituted 2 The Registrar General shall— a at the request of any person, either permit the person to search the index or cause a search of the index to be made on that person’s behalf; and b issue to any person on request a certified copy of any entry in the Parental Order Register. ; as if in section 78(3) for “an adopted person” there were substituted “a person who is the subject of a parental order and”; and as if in section 78(4) after “under subsection (2)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Section 79(1) to (3) and (7) to (9) (connections between the register and birth records)[^f00013] As if in section 79(1) for “marked “Adopted”” there were substituted “marked “Re-registered by the Registrar General” pursuant to paragraph 1(2) of Schedule 1 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 79(1) for “Adopted Children Register” there were substituted “Parental Order Register”; as if in section 79(2) after “subsection (1)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 79(3) for “an adopted person” there were substituted “a person who is the subject of the parental order”; as if in section 79(7) for the words from “On an application made” to the end of paragraph (b) there were substituted “On an application made in the prescribed manner by a person who is the subject of a parental order and a record of whose birth is kept by the Registrar General and who is under the age of 18 years and intends to be married or form a civil partnership,”; as if in section 79(8) for “any prescribed fee which he has demanded must be paid” there were substituted- a any prescribed fee which he has demanded must be paid; and b the applicant must— i be informed about the availability of counselling services providing counselling in relation to the implications of compliance with the request; and ii be given a suitable opportunity to receive counselling ; and as if in section 79(9) the definition of “appointed day” were omitted.
Section 82 (interpretation)
Section 83(1), (5) and (7) to (9) (restriction on bringing children in)[^f00014] As if in section 83(1) for the word “adoption” on each occasion it appears there were substituted “applying for a parental order”; as if in section 83(1) paragraph (b) and the word “or” immediately before it were omitted; as if in section 83(1) the words “or to a child adopted” on each occasion they appear were omitted; as if in section 83(5) for “this section applies” there were substituted “this section as applied with modifications made by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 83(7) paragraph (a) were omitted; as if in section 83(7) for “this section applies” there were substituted “this section as applied with modifications made by regulation 2 of and Schedule 1 to the Parental Order Regulations”; and as if in section 83(9) the words “after consultation with the Assembly” were omitted.
Section 101(1) (privacy) As if after “this Act” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Section 102(1) to (4) and (6) to (8) (officers of the service)[^f00015] As if for the words “placement or adoption” on each occasion they appear there were substituted “a parental order”; as if in section 102(1) the words “in prescribed cases” were omitted; as if section 102(6)(a), (b) and (d) were omitted; and as if for section 102(6)(c) there were substituted “(c) the making or revocation of a parental order.”.
Section 104 (evidence of consent) As if in section 104(1) after “this Part” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations or by section 54(6) of the 2008 Act”.
Section 105(3) and (4) (effect of certain Scottish orders and provisions) As if in section 105(3)(a) for the words from “section 27(1)” to “or” there were substituted “section 20(2) of the Adoption and Children (Scotland) Act 2007 (restrictions on removal where application pending) as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations”; as if section 105(3)(b) were omitted; as if in section 105(4) for “section 29” there were substituted “section 24”; as if in section 105(4) after “remove child)” there were inserted “as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations”; and as if in section 105(4) after “this Act” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Section 106(3) and (4) (effect of certain Northern Irish orders and provisions) As if in section 106(3)(a) the words “or (2)” were omitted and for “(removal where adoption agreed etc)” there were substituted “(restrictions on removal where application is pending) as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if section 106(3)(b) were omitted; as if in section 106(4) after “remove child)” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; and as if in section 106(4) after “this Act” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Section 107 (use of adoption records from other parts of the British Islands) As if in section 107(a) for “section 45(2)” there were substituted “section 56”; as if in section 107(a) for “Adoption (Scotland) Act 1978” there were substituted “Adoption and Children (Scotland) Act 2007 as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations”; as if in section 107(b) after “Order 1987” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; and as if in section 107(c) after “this Act” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Section 140(1), (2) and (7) to (9) (orders, rules and regulations) As if after the words “this Act” on each occasion they appear there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 140(1) the words “the Lord Chancellor” and “the Scottish Ministers” and “the Assembly” were omitted; and as if in section 140(2) the words “(other than section 14 or 148 or an instrument to which subsection (3) applies)” were omitted.
Section 141(1), (3) to (6) (rules of procedure)[^f00016] As if in section 141(1) after “this Act” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in section 141(3) for “placement order, for the variation or revocation of such an order, or for an adoption order,” there were substituted “parental order”; and as if in section 141(4) for paragraphs (a) to (c) there were substituted “every person who can be found whose consent to the making of the order is required under section 54(6) of the Human Fertilisation and Embryology Act 2008”.
Section 144(1) and (2) (general interpretation)[^f00017] As if after the words “this Act” on each occasion they appear there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if after the definition of “notice” there were inserted ““the Parental Order Regulations” means the Human Fertilisation and Embryology (Parental Orders) Regulations 2010”; as if in the definition of “regulations” for the words from “the appropriate Minister” to “the Registrar General” there were substituted “the Secretary of State, unless they are required to be made by the Registrar General”; as if for the definition of “rules” there were substituted ““rules” means rules made by virtue of section 141(1) as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations,”; and as if in section 144(2) the words “Order in Council or” and “Order or, as the case may be,” were omitted.
Schedule 1, paragraph 1 (registration of adoption orders)[^f00018] As if in paragraph 1(1) for “adoption order” there were substituted “parental order”; as if in paragraph 1(1) for “Adopted Children Register” there were substituted “Parental Order Register”; as if in paragraph 1(2) for “an adoption order” there were substituted “a parental order”; as if in paragraph 1(2) for “adoption” there were substituted “parental”; as if in paragraph 1(2) for “marked with the word “Adopted”” there were substituted “marked with the words “Re-registered by the Registrar General””; as if paragraph 1(3) were omitted; and as if in paragraph 1(4) for “an adoption order” there were substituted “a parental order”.
Schedule 1, paragraph 2 (registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel Islands) As if in paragraph 2(1) for “Sub-paragraphs (2) and (3)” there were substituted “Sub-paragraph (2) as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in paragraph 2(1) for “adoptions” there were substituted “parental orders”; as if in paragraph 2(1) for “an order has been made in that part authorising the adoption of a child” there were substituted “a parental order has been made in that part in respect of a child”; as if in paragraph 2(2) for “Adopted Children Register” there were substituted “Parental Order Register”; as if in paragraph 2(2) for “the word “Adopted”” there were substituted “the words “Re-registered by the Registrar General””; as if paragraph 2(3) were omitted; as if in paragraph 2(4) for “in sub-paragraphs (2) and (3)” there were substituted “in sub-paragraph (2) as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; and as if in paragraph 2(5) after “sub-paragraph (4)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”.
Schedule 1, paragraph 4 (amendment of orders and rectification of Registers and other records) As if for the words “an adoption order” on each occasion they appear there were substituted “a parental order”; as if for the words “Adopted Children Register” on each occasion they appear there were substituted “Parental Order Register”; as if in paragraph 4(1) for “adopter or the adopted person” there were substituted “persons who obtained the order or the person who is the subject of the order”; as if in paragraph 4(2) for “adopter or the adopted person” there were substituted “persons who obtained the order or the person who is the subject of the order”; as if in paragraph 4(2)(a) for “given to the adopted person” there were substituted “given to the person who is the subject of the parental order”; as if in paragraph 4(2)(b) for “by the adopted person” there were substituted “by that person”; as if in paragraph 4(3) the words “or (3)” were omitted; as if in paragraph 4(3) after “paragraph 1(2)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in paragraph 4(4) after “(1) to (3)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in paragraph 4(7) after “section 78(2)(b)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; and as if paragraph 4(9) and (10) were omitted.

SCHEDULE 2 — Application of Adoption (Northern Ireland) Order 1987 Provisions with Modifications to Parental Orders and Applications for such Orders

Column 1 Column 2
Provisions of the 1987 Order Modifications
Article 2(1) to (2D) and (4) (interpretation) As if in Article 2(1) the words “Article 1 and” were omitted; as if in Article 2(2) for the definition of “adoption rules” there were substituted ““rules” means rules of court, county court rules or rules made under Article 12 of the Family Law (Northern Ireland) Order 1993;”; as if in Article 2(2) for the definition of “authorised court” there were substituted “authorised court” means— in the case of an application for a parental order— the High Court; the county court within whose division the child is; in the case of an application under Article 30, as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations, the court in which that application is pending; ; as if in Article 2(2) for the definition of “existing” there were substituted ““existing” in relation to an instrument, means one passed or made at any time before the commencement of Part V;”; as if in Article 2(2) for the definition of “HSS trust” there were substituted ““HSC trust” shall be construed in accordance with paragraph (2A);”; as if in Article 2(2) for the definition of “parent” there were substituted ““parent” except for the purposes of Articles 40(3) and 47(1) as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations, means, in relation to a child, any parent who has parental responsibility for the child under the Children (Northern Ireland) Order 1995;”; as if in Article 2(2) after the definition of “parent” there were inserted ““the Parental Order Regulations” means the Human Fertilisation and Embryology (Parental Orders) Regulations 2010;”; as if in Article 2(2) for the definition of “parental responsibility” there were substituted ““parental responsibility” has the same meaning as in the Children (Northern Ireland) Order 1995;”; as if in Article 2(2) for the definition of “prescribed” there were substituted ““prescribed” in Article 54 means prescribed by regulations made by the Department of Finance and Personnel and elsewhere means prescribed by rules;”; as if in Article 2(2) after the definition of “prescribed” there were inserted ““regional board” means the regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;”; as if in Article 2(2A) for “HSS trust” there were substituted “HSC trust” and for “Health and Social Services trust” there were substituted “Health and Social Care trust”; as if in Article 2(2B) for ““Health and Social Services trust”” there were substituted ““Health and Social Care trust””; as if in Article 2(2C) for “HSS trust” there were substituted “HSC trust”; and as if in Article 2(2D) for “a Health and Social Services Board” there were substituted “the regional board” and for “HSS trust” on each occasion they appear there were substituted “HSC trust”.
Article 9 (duty to promote the welfare of the child) As if for “the adoption of a child” there were substituted “the making of a parental order in respect of a child”; as if the words “or adoption agency” were omitted; as if for “most important” there were substituted “paramount” as if in Article 9(a)(i) for “adoption, or adoption by a particular person or persons,” there were substituted “the granting of such an order”; and as if after Article 9(b) there were inserted c have regard to the child’s particular needs; d have regard to the likely effect on the child (throughout his life) of having ceased to be a member of the original family and become the subject of a parental order; e have regard to the child’s age, sex, background and any of the child’s characteristics which the court considers relevant; f have regard to any harm (within the meaning of the Children (Northern Ireland) Order 1995) which the child has suffered or is at risk of suffering; and g have regard to the relationship which the child has with relatives, and with any other person in relation to whom the court considers the relationship to be relevant. 2 The court must always consider the whole range of powers available to it in the child’s case (whether under section 54 of the Human Fertilisation and Embryology Act 2008, under this Order as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations, or the Children (Northern Ireland) Order 1995); and the court must not make an order under that section or under this Order as so applied, unless it considers that making the order would be better for the child than not doing so. 3 For the purposes of this Article— a references to relationships are not confined to legal relationships; and b references to a relative, in relation to a child, include the child’s mother and father. .
Article 12(1) to (4) (adoption orders) As if for “an adoption order” on each occasion they appear, there were substituted “a parental order”; and as if in Article 12(1) for the words from “the adopters” to “application of the adopters” there were substituted a a husband and wife; b civil partners of each other; or c two persons who are living as partners in an enduring family relationship and are not within prohibited degrees of relationship in relation to each other, and such an order may be made on their application by an authorised court .
Article 25(1) (restrictions on making adoption orders) As if for “an adoption order” there were substituted “a parental order”; and as if for “a British adoption order” there were substituted “such an order”.
Article 28(1) and (3) (restrictions on removal where adoption agreed or application made under Article 17(1) or 18(1) As if for paragraph (1) of Article 28 there were substituted the following paragraph “(1) While an application for a parental order is pending a parent or guardian is not entitled, against the will of the person with whom the child has their home, to remove the child from the home of that person except with the leave of the court.”; and as if in Article 28(3) for “or (2)” there were substituted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”.
Article 30 (return of a child taken away in breach of Article 28 or 29) As if for the words “Article 28 or 29” on each occasion they appear there were substituted “Article 28 as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if for the words “section 27 or 28 of the Adoption Act 1976” on each occasion they appear there were substituted “section 36 or 37 of the Adoption and Children Act 2002 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if for the words “section 27 or 28 of the Adoption (Scotland) Act 1978” on each occasion they appear there were substituted “section 22 of the Adoption and Children (Scotland) Act 2007 as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations”; as if in Article 30(3) and 30(4) after the words “under paragraph (1)” on each occasion they appear there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; and as if in Article 30(5) after the words “under paragraph (3)” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”.
Article 40(1)(a), (2), (3), (4) and (6) (status conferred by adoption) As if for the words “an adopted child” on each occasion they appear there were substituted “a child who is the subject of a parental order”; as if for Article 40(1)(a) there were substituted “as if he had been born as a child of the persons who obtained the parental order”; as if in Article 40(2) for the words from “subject to paragraphs (3)” to “or adopter” there were substituted “be treated in law as if he were not the child of any person other than the persons who obtained the parental order”; as if in Article 40(3)(a) for the words from “does not apply” to “for the purposes of” there were substituted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s parent before the order was made for the purposes of”; as if in article 40(3) sub-paragraph (b) were omitted; as if in Article 40(6) for “adoption” there were substituted “parental order”; and as if in Article 40(6) the words “Subject to the provisions of this Part” and “, or after the commencement of this Part, whichever is the later” were omitted.
Article 42 (rules of construction for instruments concerning property) As if in Article 42(1) after “this Article” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 42(2) for “Article 40(1)” there were substituted “Article 40(1)(a) as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 42(2) for “of the adoptive parent or parents” there were substituted “of the persons who obtained the parental order”; as if in Article 42(2) for “adopted child” there were substituted “child who is the subject of the parental order”; as if in Article 42(2)(a) for “adoption” there were substituted “the parental order”; as if in Article 42(2)(b) for “adopted” there were substituted “in respect of whom parental orders were made”; as if in Article 42(4) after “Article 40(2)” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 42(4) for “adoption” there were substituted “making of the parental order”; as if in Article 42(4) for “adopted child” there were substituted “child who is the subject of the parental order”; as if in Article 42(5) for “adopt” there were substituted “obtain a parental order in respect of”; and as if in Article 42(5) after “Article 40” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”.
Article 44 (property devolving with peerages, etc.) As if for the words “An adoption” on each occasion they appear there were substituted “The making of a parental order”.
Article 45 (protection of trustees and personal representatives) As if in Article 45(1) for “adoption” there were substituted “parental order”.
Article 46 (meaning of “disposition”) As if for the words “this Part” each time they appear there were substituted “the application of Articles 40, 42, 44, 45 and 47 as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”.
Article 47(1) and (2) (miscellaneous enactments) As if in Article 47(1) for “Article 40 does not apply” there were substituted “Article 40, as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations, does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s parent before the order was made”; as if in Article 47(1) the words from “; but nothing in” to “(b) of that Order” were omitted; and as if in Article 47(2) for “Article 40” there were substituted “Article 40 as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”.
Article 50 (Adopted Children Register) As if for the words “Adopted Children Register” on each occasion they appear there were substituted “Parental Order Register”; as if in Article 50(1)(a) for “adoption orders” there were substituted “parental orders” as if in Article 50(1)(c) for ““Adopted” pursuant to Article 51” there were substituted ““Re-registered by the Registrar General” pursuant to Article 51(4) as applied with modifications by the Parental Order Regulations”; as if in Article 50(2) for the words from “Every person shall” to “subject to the same terms” there were substituted- The Registrar General shall— a at the request of any person, either permit the person to search the index of the Parental Order Register or cause a search of the index to be made on that person’s behalf; and b issue to any person on request a certified copy of any entry in the Parental Order Register, in all respects, except as to the entitlement of any person to search that index, upon and subject to the same terms”; as if in Article 50(3) after “Article 54” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 50(3)(b) for “an adoption order” there were substituted “a parental order”; and as if Article 50(3)(c) were omitted.
Article 51(1), (3), (4), (6) and (7) (registration of adoption orders) As if in Article 51(1) for “adoption order” there were substituted “parental order”; as if in Article 51(1) for “Adopted Children Register” there were substituted “Parental Order Register”; as if in Article 51(1) after “Schedule 2” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 51(1) the words “(subject to paragraph (2))” were omitted; as if in Article 51(3) for “Adopted Children Register under the heading in column 2 of Schedule 2” there were substituted “Parental Order Register under the heading in column 2 of Schedule 2, as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 51(3) the word “and” in sub-paragraph (a) were omitted and sub-paragraph (b) were omitted; as if in Article 51(4) for the words from “application for an adoption order” to “time in force)” there were substituted “application for a parental order”; as if in Article 51(4) for “any adoption order” there were substituted “any parental order”; as if in Article 51(4) for “marked with the word “Adopted”” there were substituted “marked with the words “Re-registered by the Registrar General””; as if in Article 51(6) for “an adoption order shall cause the adoption order” there were substituted “a parental order shall cause the order”; as if in Article 51(7) for the words “an adoption order” on each occasion they appear there were substituted “a parental order”; as if in Article 51(7) after “paragraph (6)” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; and as if in Article 51(7) the words “or the country in which the child was previously adopted” and the words from “or the Adopted Children Register ” to “the case may be,” were omitted.
Article 52(1) to (4) and (6) (amendment of orders and rectification of Registers) As if for the words “Adopted Children Register” on each occasion they appear, except in Article 52(6), there were substituted “Parental Order Register”; as if for the words “an adoption order” on each occasion they appear there were substituted “a parental order”; as if in Article 52(1) for the words “adopted or of the adopted person” on each occasion they appear there were substituted “persons who obtained the parental order or of the person who is the subject of the parental order” as if in Article 52(1)(a) for “given to the adopted person” there were substituted “given to that child” and the words “, or taken by him,” were omitted; as if in Article 52(1)(b) for “Article 51(4) or (5)” there were substituted “Article 51(4) as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 52(2) after “paragraph (1)” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 52(4) after “Article 50(2)” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 52(6) after “Article 51(7)” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; and as if in Article 52(6) the words “or an Adopted Children Register or any corresponding register of adoptions” were omitted.
Article 53(1) and (2) (registration of adoptions made outside Northern Ireland) As if in Article 53(1) for “register of adoptions” there were substituted “register of parental orders”; as if in Article 53(1) for “an order has been made in that country authorising the adoption of a child” there were substituted “a parental order has been made in that country in respect of a child”; as if in Article 53(1) the words “or the Adopted Children Register” were omitted; as if in Article 53(1) for “Adopted” or “Re-adopted” as the case may require there were substituted “Re-registered”; as if in Article 53(2) for “so marked” there were substituted “marked in accordance with paragraph (1) as applied with modifications by the Parental Order Regulations”; and as if in Article 53(2) for “, that an appeal against the order has been allowed or that the order has been revoked” there were substituted “or that an appeal against the order has been allowed”.
Article 54(1), (2), (4) and (5) (disclosure of birth records of adopted children) As if in Article 54(1) after “this Article” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 54(1) for “an adopted person” there were substituted “a person who is the subject of a parental order”; as if in Article 54(2) for “an adopted person under the age of 18 years” there were substituted “a person who is the subject of a parental order and who is under the age of 18 years”; as if in Article 54(4) for “an adopted person” there were substituted “a person who is the subject of a parental order”; as if in Article 54(4)(a) after “paragraph (1)” there were inserted “as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”; as if in Article 54(4)(a) for “section 51 of the Adoption Act 1976” there were substituted “section 79 of the Adoption and Children Act 2002 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; as if in Article 54(4)(b) for “section 45 of the Adoption (Scotland) Act 1978” there were substituted “section 55 of the Adoption and Children (Scotland) Act 2007 as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations”; as if in Article 54(5)(a) for “any Board or HSS trust” there were substituted “the regional board or any HSC trust”; and as if in Article 54(5)(a) the word “and” were omitted and as if Article 54(5)(b) were omitted.
Article 62(1) (evidence of agreement and consent) As if for the words “this Order” there were substituted the words “section 54 of the Human Fertilisation and Embryology Act 2008”; and as if the word “adoption” were omitted.
Article 63(1) and (2) (evidence of adoptions, etc.) As if in Article 63(1) for “Adopted Children Register” there were substituted “Parental Order Register”; as if in Article 63(1)(a) for “adoption” there were substituted “parental order”; as if in Article 63(1)(b) for “adopted person” there were substituted “person who is the subject of the parental order”; and as if in Article 63(2) for “section 50(2) of the Adoption Act 1976 or section 45(2) of the Adoption (Scotland) Act 1978” there were substituted “section 77(4) or (5) of the Adoption and Children Act 2002, as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations or section 56 of the Adoption and Children (Scotland) Act 2007 as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations”.
Article 64(3) (removal of proceedings and appeals) As if for the words from “Subject to paragraph (2)” to “under this Order” there were substituted “Without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order 1980 any person aggrieved with a decision of a county court on an application made to it for a parental order or on an application made to it under Article 30, as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations”.
Article 65 (proceedings to be in private) As if for “under Part III, Article 30 and Article 57” there were substituted “pursuant to section 54 of the Human Fertilisation and Embryology Act 2008”.
Article 66 (guardians ad litem) As if in Article 66(1) for “an adoption order or an order freeing a child for adoption or an order under Article 20 or 57” there were substituted “a parental order”; as if in Article 66(2)(a) the word “adoption” were omitted; and as if after Article 66(2)(a) there were inserted “(aa) shall be appointed from any panels of persons established by regulations made under Article 66 of the Adoption (Northern Ireland) Order 1987; and”.
Article 68 (regulations)
Schedule 2 (form of entry in Adopted Children Register) As if for “Adopted Children Register” in the heading there were substituted “Parental Order Register”; as if for “adopter or adopters” in column 5 there were substituted “persons who obtained the parental order”; and as if for “adoption order” in column 6 there were substituted “parental order”.

SCHEDULE 3 — Application of the Adoption and Children (Scotland) Act 2007 Provisions with Modifications to Parental Orders and Applications for such Orders

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