Legislation – Adoption and Children Act (Northern Ireland) 2022
Changes to legislation:
Adoption and Children Act (Northern Ireland) 2022, Section 51 is up to date with all changes known to be in force on or before 04 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 51:
- 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 and adoption: general
Parental etc. consent51
(1)
The court cannot dispense with the consent of any parent or guardian of a child to the child being placed for adoption or to the making of an adoption order in respect of the child unless the court is satisfied that—
(a)
the parent or guardian cannot be found or is incapable of giving consent; or
(b)
the welfare of the child requires the consent to be dispensed with.
(2)
The following provisions apply to references in this Chapter to any parent or guardian of a child giving or withdrawing—
(a)
consent to the placement of a child for adoption; or
(b)
consent to the making of an adoption order (including a future adoption order).
(3)
Any consent given by the mother to the making of an adoption order is ineffective if it is given less than six weeks after the child’s birth.
(4)
The withdrawal of any consent to the placement of a child for adoption, or of any consent given under section 17, is ineffective if it is given after an application for an adoption order is made.
(5)
“Consent” means consent given unconditionally and with full understanding of what is involved; but a person may consent to adoption without knowing the identify of the persons in whose favour the order will be made.
(6)
“Parent” (except in subsections (9) and (10)) means a parent having parental responsibility.
(7)
Consent under section 16 or 17 must be given in the form prescribed by rules of court, and the rules of court may prescribe forms in which a person giving consent under any other provision of this Part may do so (if the person wishes).
(8)
Consent given under section 16 or 17 must be withdrawn—
(a)
in the form prescribed by rules of court; or
(b)
by notice given to the adoption agency.
(9)
Subsection (10) applies if—
(a)
an adoption agency has placed a child for adoption under section 15 in pursuance of consent given by a parent of the child, and
(b)
at a later time, the other parent of the child acquires parental responsibility for the child.
(10)
The other parent is to be treated as having at that time given consent in accordance with this section in the same terms as those in which the first parent gave consent.