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 where child placed and consent withdrawn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

PART 3Miscellaneous and supplementary

Supplementary

Interpretation159

(1)

In this Act—

adoption agency” has the meaning given by section 2;

adoption authority” has the meaning given by section 2(2);

adoption order” has the meaning given by section 43(1);

adoption society” has the meaning given by section 2(2);

adoption support services” has the meaning given by section 2(6);

appropriate voluntary organisation” has the meaning given by section 2(3);

authority foster parent” has the meaning given by Article 2(2) of the Children Order;

body” includes an unincorporated body;

care order” has the meaning given by Article 2(2) of the Children Order;

“child”, except where used to express a relationship, means a person who has not attained the age of 18 years;

child assessment order” has the meaning given in Article 2(2) of the Children Order;

Children Order” means the Children (Northern Ireland) Order 1995;

the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;

Convention adoption” has the meaning given in section 65(1)(c);

Convention adoption order” means an adoption order which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (regulations giving effect to the Convention), is made as a Convention adoption order;

Convention country” means a country or territory in which the Convention is in force;

court” has the meaning given by section 115(1);

the Department” means the Department of Health;

fee” includes expenses;

guardian” has the same meaning as in the Children Order and includes a special guardian within the meaning of the Children Order;

information” means information recorded in any form;

interim care order” means an interim care order under Article 57 of the Children Order;

notice” means a notice in writing;

notice of intention to adopt” has the meaning given in section 41(2);

overseas adoption” has the meaning given in section 90(1);

parental responsibility” has the meaning given in Article 6 of the Children Order;

placement order” has the meaning given in section 18(1);

“placing a child for adoption” and “placed for adoption” have the meanings given in section 15(5) and section 16(4);

“prescribed”, except in sections 51(7) and (8) and 156(5) and paragraphs 1(4), 3, 4 and 6 of Schedule 1 (where it means prescribed by rules of court), means prescribed by regulations;

prohibited steps order” has the meaning given in Article 8(1) of the Children Order;

public body” means a body established by or under any statutory provision;

regulations” means regulations made by the Department except where they are required to be made by the Department of Finance;

relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by marriage or civil partnership;

residence order” has the meaning given in Article 8(1) of the Children Order;

RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;

rules of court” has the meaning given in section 156(1);

Scottish adoption order” means an order made, or having effect as if made, under section 28(1) of the Adoption and Children (Scotland) Act 2007 or section 12 of the Adoption (Scotland) Act 1978;

specific issue order” has the meaning given in Article 8(1) of the Children Order;

statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

supervision order” has the meaning given in Article 49(1) of the Children Order;

voluntary organisation” means a body (other than a public body) the activities of which are not carried on for profit.

(2)

Any power conferred by this Act to prescribe a fee by regulations includes power to prescribe—

(a)

a fee not exceeding a prescribed amount;

(b)

a fee calculated in accordance with the regulations;

(c)

a fee determined by the person to whom it is payable, being a fee of a reasonable amount.

(3)

In this Act “couple” means—

(a)

a married couple;

(b)

two persons who are civil partners of each other; or

(c)

two persons (whether of different sexes or the same sex) living as partners in an enduring family relationship.

(4)

Subsection (3)(c) does not include two people one of whom is the other’s parent, grandparent, sister, brother, aunt or uncle.

(5)

References to relationships in subsection (4)—

(a)

are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for adoption; and

(b)

include the relationship of a child with the child’s adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

(6)

For the purposes of this Act, a person is the partner of a child’s parent if the person and the parent are a couple but the person is not the child’s parent.