Legislation – Adoption and Children Act (Northern Ireland) 2022
Changes to legislation:
Adoption and Children Act (Northern Ireland) 2022, Section 25 is up to date with all changes known to be in force on or before 11 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 25:
- Act applied (with modifications) by S.I. 2018/412, Sch. 3 (as substituted) by 2022 c. 18 (N.I.) Sch. 3 para. 83
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/412, Sch. 3 (as substituted) by 2022 c. 18 (N.I.) Sch. 3 para. 83
PART 1Adoption
CHAPTER 3Placement for adoption and adoption orders
Placement of children by adoption agency for adoption
Further consequences of placement25
(1)
Where a child is placed for adoption under section 16 or an adoption agency is authorised to place a child for adoption under that section—
(a)
a parent or guardian of the child may not apply for a residence order unless an application for an adoption order has been made and the parent or guardian has obtained the court’s leave under subsection (3) or (5) of section 44;
(b)
if an application has been made for an adoption order, a guardian of the child may not apply for a special guardianship order unless the guardian has obtained the court’s leave under subsection (3) or (5) of that section.
(2)
The following subsections apply where—
(a)
a child is placed for adoption under section 16 or an adoption agency is authorised to place a child for adoption under that section; or
(b)
a placement order is in force in respect of a child.
(3)
A person must not remove the child from the United Kingdom unless the court gives leave or each parent or guardian of the child gives written consent.
(4)
Subsection (3) does not prevent the removal of the child from the United Kingdom for a period of less than one month by a person who provides the child’s home.
(5)
A person must not cause the child to be known by a new surname unless the court gives leave or each parent or guardian of the child or the adoption agency gives written consent.
(6)
The adoption agency must not give its consent under subsection (5) unless it has given at least 14 days’ notice of its intention to do so to—
(a)
every person with parental responsibility for the child; and
(b)
if the agency considers that the child has sufficient understanding, the child.
(7)
Subsection (5) is subject to any direction of the court.
(8)
The court may vary or revoke a direction under subsection (7)—
(a)
on the application of—
(i)
any person mentioned in subsection (6)(a);
(ii)
if the child appears to the court to have sufficient understanding, the child; or
(iii)
the adoption agency; or
(b)
in any family proceedings in which a question arises in relation to the welfare of the child without an application having been made.
(9)
In subsection (8)(b) “family proceedings” has the same meaning as in the Children Order.
(10)
This section applies whether or not the child is in Northern Ireland.