Legislation – Adoption and Children Act (Northern Ireland) 2022
Changes to legislation:
Adoption and Children Act (Northern Ireland) 2022, Section 61 is up to date with all changes known to be in force on or before 08 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 61:
- 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
Disclosure of information about a person’s adoption
Disclosing protected information about children61
(1)
This section applies where—
(a)
a person applies to the appropriate adoption agency for protected information to be disclosed to the person; and
(b)
any of the information is about a person who is a child at the time of the application.
(2)
The agency is not required to proceed with the application unless it considers it appropriate to do so.
(3)
If the agency does proceed with the application, then, so far as the information is about a person who is at the time a child, the agency must take all reasonable steps to obtain—
(a)
the views of any parent or guardian of the child; and
(b)
the views of the child, if the agency considers it appropriate to do so having regard to the child’s age and understanding and to all the other circumstances of the case,
as to the disclosure of the information.
(4)
And, so far as the information is about a person who has at the time attained the age of 18 years, the agency must take all reasonable steps to obtain that person’s views as to the disclosure of the information.
(5)
The agency may then disclose the information if it considers it appropriate to do so.
(6)
In deciding whether it is appropriate to proceed with the application, or disclose the information, where any of the information is about a person who is at the time a child—
(a)
if the child is an adopted child, the child’s welfare must be the paramount consideration;
(b)
in the case of any other child, the agency must have particular regard to the child’s welfare.
(7)
And, in deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—
(a)
the welfare of the adopted person (where subsection (6)(a) does not apply);
(b)
any views obtained under subsection (3) or (4);
(c)
any prescribed matters,
and all the other circumstances of the case.
(8)
This section does not apply to a request for information under section 59(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 56(6).