Legislation – Adoption and Children Act (Northern Ireland) 2022

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.

9 General power to regulate adoption agencies

10 Management, etc., of agencies

12 Independent review of qualifying determinations of adoption agencies

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

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 where child placed and consent withdrawn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

59 Disclosing information to adopted adult

60 Disclosing protected information about adults

61 Disclosing protected information about children

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

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

88 The special restrictions

89 Imposition of extra conditions in certain cases

Overseas adoptions

90 Overseas adoptions

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

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

102 Pre-commencement adoptions: information

103 Proceedings for offences

Children’s court guardians

106 Children’s court guardians

107 Right of access to adoption agency records

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

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

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

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Adoption and Children Act (Northern Ireland) 2022, Section 46 is up to date with all changes known to be in force on or before 30 March 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

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PART 1Adoption

CHAPTER 3Placement for adoption and adoption orders

The making of adoption orders

Applications for adoption46

(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.