Legislation – Adoption and Children Act (Northern Ireland) 2022
Changes to legislation:
Adoption and Children Act (Northern Ireland) 2022, Section 36 is up to date with all changes known to be in force on or before 06 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 36:
- 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
Removal of children in non-agency cases
Partners of parents36
(1)
This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.
(2)
If the child’s home has been with the partner for not less than three years (whether continuous or not) during the period of five years ending with the removal, the following persons may remove the child—
(a)
a person who has the court’s leave;
(b)
an adoption authority or other person in the exercise of a power conferred by any statutory provision other than Article 22(2) of the Children Order.
(3)
If subsection (2) does not apply, the following persons may remove the child—
(a)
a parent or guardian;
(b)
a person who has the court’s leave;
(c)
an adoption authority or other person in the exercise of a power conferred by any statutory provision other than Article 22(2) of the Children Order.