Legislation – Adoption and Children Act (Northern Ireland) 2022
Changes to legislation:
Adoption and Children Act (Northern Ireland) 2022, Section 39 is up to date with all changes known to be in force on or before 02 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 39:
- 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
Preliminaries to adoption
Child to live with adopters before application39
(1)
An application for an adoption order may not be made unless—
(a)
if subsection (2) applies, the condition in that subsection is met;
(b)
if that subsection does not apply, the condition in whichever is applicable of subsections (3) to (5) applies.
(2)
If—
(a)
the child was placed for adoption with the applicant or applicants by an adoption agency or in pursuance of an order of the High Court; or
(b)
the applicant is a parent of the child,
the condition is that the child’s home must have been with the applicant or, in the case of an application by a couple, with one or both of them at all times during the period of ten weeks preceding the application.
(3)
If the applicant or one of the applicants is the partner of a parent of the child, the condition is that the child’s home must have been with the applicant or, as the case may be, applicants at all times during the period of one year preceding the application.
(4)
If the applicants are authority foster parents, the condition is that the child’s home must have been with the applicants at all times during the period of one year preceding the application.
(5)
In any other case, the condition is that the child’s home must have been with the applicant or, in the case of an application by a couple, with one or both of them for not less than three years (whether continuous or not) during the period of five years preceding the application.
(6)
But subsections (4) and (5) do not prevent an application being made if the court gives leave to make it.
(7)
An adoption order may not be made unless the court is satisfied that sufficient opportunities to see the child with the applicant or, in the case of an application by a couple, both of them together in the home environment have been given—
(a)
where the child was placed for adoption with the applicant or applicants by an adoption agency, to that agency;
(b)
in any other case, to the adoption authority within whose area the child’s home is.
(8)
In this section and sections 40 and 41(1)—
(a)
references to an adoption agency include an adoption agency within the meaning of section 2(1) of the Adoption and Children Act 2002 or Scottish adoption agency within the meaning of 144(3) of that Act;
(b)
references to a child placed for adoption by an adoption agency are to be read accordingly.