Legislation – Adoption and Children Act (Northern Ireland) 2022

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Introduction

PART 1
Adoption

CHAPTER 1 Introductory

1 Considerations applying to the exercise of powers

CHAPTER 2 The Adoption Service

The Adoption Service

2 Basic definitions

3 Adoption authority

4 The Adoption Service

5 Assessments etc. for adoption support services

6 Adoption support services: duty to provide information

7 Arrangements on cancellation of registration

8 Inactive or defunct adoption societies, etc.

Regulations

9 General power to regulate adoption agencies

10 Management, etc., of agencies

11 Fees

12 Independent review of qualifying determinations of adoption agencies

Supplemental

13 Information concerning adoption

14 Inspection of premises, etc.

CHAPTER 3 Placement for adoption and adoption orders

Placement of children by adoption agency for adoption

15 Placement for adoption by agencies

16 Placing children with parental consent

17 Advance consent to adoption

18 Placement orders

19 Applications for placement orders

20 Varying placement orders

21 Revoking placement orders

22 Parental responsibility

23 Contact

24 Contact: supplementary

25 Further consequences of placement

26 Further consequences of placement orders

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

27 General prohibitions on removal

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

29 Recovery by parent etc. where child placed and consent withdrawn

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

31 Placement orders: prohibition on removal

32 Return of child in other cases

Removal of children in non-agency cases

33 Restrictions on removal

34 Applications for adoption

35 Authority foster parents

36 Partners of parents

37 Other non-agency cases

Breach of restrictions on removal

38 Recovery orders

Preliminaries to adoption

39 Child to live with adopters before application

40 Reports where child placed by agency

41 Notice of intention to adopt

42 Suitability of adopters

The making of adoption orders

43 Adoption orders

44 Conditions for making adoption orders

45 Restrictions on making adoption orders

46 Applications for adoption

47 Adoption by couple

48 Adoption by one person

Post-adoption contact

49 Post-adoption contact

50 Orders under section 49: supplementary

Placement and adoption: general

51 Parental etc. consent

52 Modification of Children Order in relation to adoption

53 Disclosing information to prospective adopters

54 Revocation of adoptions on legitimation

Disclosure of information about a person’s adoption

55 Information to be kept about a person’s adoption

56 Restrictions on disclosure of protected etc. information

57 Disclosure of other information

58 Offence

59 Disclosing information to adopted adult

60 Disclosing protected information about adults

61 Disclosing protected information about children

62 Counselling

63 Other provision to be made by regulations

64 Sections 55 to 64: interpretation

CHAPTER 4 Status of adopted children

65 Meaning of adoption in Chapter 4

66 Status conferred by adoption

67 Adoptive relatives

68 Rules of interpretation for instruments concerning property

69 Dispositions depending on date of birth

70 Property devolving with peerages etc.

71 Protection of trustees and personal representatives

72 Meaning of disposition

73 Miscellaneous

74 Pensions

75 Insurance

CHAPTER 5 Registers

Adopted Children Register, etc.

76 Adopted Children Register

77 Searches and copies

78 Connections between the register and birth records

Adoption Contact Register

79 Adoption Contact Register

80 Adoption Contact Register: supplementary

81 Interpretation

CHAPTER 6 Adoptions with a foreign element

Bringing children into and out of the United Kingdom

82 Restriction on bringing children in

83 Giving parental responsibility prior to adoption abroad

84 Restriction on taking children out

85 Power to modify sections 82 and 84

Adoptions from abroad: special restrictions

86 Declaration of special restrictions on adoptions from abroad

87 Review

88 The special restrictions

89 Imposition of extra conditions in certain cases

Overseas adoptions

90 Overseas adoptions

Miscellaneous

91 Modification of section 66 for Hague Convention adoptions

92 Annulment etc. of overseas or Hague Convention adoptions

93 Section 92: supplementary

94 Overseas determinations and orders

95 Power to charge

CHAPTER 7 Miscellaneous

Restrictions

96 Restriction on arranging adoptions etc.

97 Offence of breaching restrictions under section 96

98 Restriction on reports

99 Prohibition of certain payments

100 Excepted payments

101 Sections 96 to 100: interpretation

Information

102 Pre-commencement adoptions: information

Proceedings

103 Proceedings for offences

104 Appeals

105 Privacy

Children’s court guardians

106 Children’s court guardians

107 Right of access to adoption agency records

Evidence

108 Evidence of consent

Orders made in Great Britain, etc.

109 Effect of certain Scottish orders and provisions

110 Effect of certain orders made in England and Wales

111 Use of adoption records from Great Britain, etc.

112 Channel Islands and the Isle of Man

General

113 Avoiding delay

114 Service of notices etc.

115 Jurisdiction of courts

PART 2
Children order amendments

116 Definition of family proceedings

117 Article 8 orders: authority foster parents

118 Duration of residence orders

119 Special guardianship

120 Ascertainment of children’s wishes

121 Provision of services to children in need, etc.

122 Duty of authorities to promote etc. achievement, learning and development, and to prevent disruption to education or training

123 Corporate parenting principles

124 Placement of looked after children with prospective adopters

125 Accommodation for children: requirements

126 Authority foster parents

127 Duty to ensure visits to and advice etc. for children

128 Former relevant children: continuing functions

129 Local offer for care leavers

130 Inquiries into representations

131 Review of cases of looked after children

132 Independent advocacy services

133 Definition of harm

134 Care plans

135 Contact: children in care of authority

136 Persons authorised to act as children’s court guardian

137 Renaming of guardians ad litem

138 Interests of children in proceedings

139 Definition of privately fostered child

140 Welfare of children who will be privately fostered

141 Notification of fostering: public awareness

142 Privacy for children in proceedings

143 Report on the operation of the Children Order

PART 3
Miscellaneous and supplementary

144 Northern Ireland Adoption and Children Act Register

145 Use of an organisation to establish the register

146 Use of an organisation as an agency for payments

147 Supply of information for the register

148 Disclosure of information

149 Search and inspection of the register by prospective adopters

150 Search and inspection of the register by adoption agencies

151 Supplementary

152 Time limit within which proceedings may be brought

153 Research and investigations

154 Amendments, transitional and transitory provisions, savings and repeals

155 Regulations and orders

156 Rules of court

157 Supplementary and consequential provision

158 Review

159 Interpretation

160 Commencement

161 Short title

SCHEDULES

SCHEDULE 1 Registration of adoptions

SCHEDULE 2 Disclosure of birth records by Registrar General

SCHEDULE 3 Minor and consequential amendments

SCHEDULE 4 Transitional and transitory provisions and savings

SCHEDULE 5 Repeals

Changes to legislation:

Adoption and Children Act (Northern Ireland) 2022, Paragraph 4 is up to date with all changes known to be in force on or before 17 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

SCHEDULE 1Registration of adoptions

Amendment of orders and rectification of Registers and other records

4

(1)

The court by which an adoption order has been made may, on the application of the adopter or the adopted person, amend the order by the correction of any error in the particulars contained in it.

(2)

The court by which an adoption order has been made may, if satisfied on the application of the adopter or the adopted person that within the period of one year beginning with the date of the order any new name—

(a)

has been given to the adopted person (whether in baptism or otherwise); or

(b)

has been taken by the adopted person,

either in place of or in addition to a name specified in the particulars required to be entered in the Adopted Children Register in pursuance of the order, amend the order by substituting or, as the case may be, adding that name in those particulars.

(3)

The court by which an adoption order has been made may, if satisfied on the application of any person concerned that a direction for the marking of an entry in the registers of live-births, the Adopted Children Register or other records included in the order in pursuance of paragraph 1(2) or (3) was wrongly so included, revoke that direction.

(4)

Where an adoption order is amended or a direction revoked under sub-paragraphs (1) to (3), the prescribed officer of the court must communicate the amendment in the prescribed manner to the Registrar General.

(5)

The Registrar General must then—

(a)

amend the entry in the Adopted Children Register accordingly; or

(b)

secure that the marking of the entry in the registers of live-births, the Adopted Children Register or other records is cancelled,

as the case may be.

(6)

Where an adoption order is quashed or an appeal against an adoption order allowed by any court, the court must give directions to the Registrar General to secure that—

(a)

any entry in the Adopted Children Register; and

(b)

any marking of an entry in that Register, the registers of live-births or other records as the case may be, which was effected in pursuance of the order,

is cancelled.

(7)

Where an adoption order has been amended, any certified copy of the relevant entry in the Adopted Children Register which may be issued pursuant to section 77(2)(b) must be a copy of the entry as amended, without the reproduction of—

(a)

any note or marking relating to the amendment; or

(b)

any matter cancelled in pursuance of it.

(8)

A copy or extract of an entry in any register or other record, being an entry the marking of which has been cancelled, is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

(9)

If the Registrar General is satisfied—

(a)

that a registrable foreign adoption has ceased to have effect, whether on annulment or otherwise; or

(b)

that any entry or mark was erroneously made in pursuance of paragraph 3 in the Adopted Children Register, the registers of live-births, the overseas registers of births or other records,

the Registrar General may secure that such alterations are made in those registers or other records as the Registrar General considers are required in consequence of the adoption ceasing to have effect or to correct the error.

(10)

Where an entry in such a register is amended in pursuance of sub-paragraph (9), any copy or extract of the entry is not to be treated as accurate unless it shows the entry as amended but without indicating that it has been amended.

(11)

In this paragraph—

overseas register of births” has the same meaning as in paragraph 3;

prescribed” means prescribed by rules of court.

Annotations:
Commencement Information

I1Sch. 1 para. 4 not in operation at Royal Assent, see s. 160(1)