Legislation – Adoption and Children Act (Northern Ireland) 2022
Changes to legislation:
Adoption and Children Act (Northern Ireland) 2022, Section 49 is up to date with all changes known to be in force on or before 10 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 49:
- 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
Post-adoption contact
Post-adoption contact49
(1)
This section applies where—
(a)
an adoption agency has placed or was authorised to place a child for adoption; and
(b)
the court is making or has made an adoption order in respect of the child.
(2)
When making the adoption order or at any time afterwards, the court may make an order under this section—
(a)
requiring the person in whose favour the adoption order is or has been made to allow the child to visit or stay with the person named in the order under this section, or for the person named in that order and the child otherwise to have contact with each other; or
(b)
prohibiting the person named in the order under this section from having contact with the child.
(3)
The following people may be named in an order under this section—
(a)
any person who (but for the child’s adoption) would be related to the child by blood (including half-blood), marriage or civil partnership;
(b)
any former guardian of the child;
(c)
any person who had parental responsibility for the child immediately before the making of the adoption order;
(d)
any person who was entitled to make an application for an order under section 23 in respect of the child (contact with children placed or to be placed for adoption) by virtue of subsection (3)(c), (d) or (e) of that section;
(e)
any person with whom the child has lived for a period of at least one year.
(4)
An application for an order under this section may be made by—
(a)
a person who has applied for the adoption order or in whose favour the adoption order is or has been made;
(b)
the child; or
(c)
any person who has obtained the court’s leave to make the application.
(5)
In deciding whether to grant leave under subsection (4)(c), the court must consider—
(a)
any risk there might be of the proposed application disrupting the child’s life to such an extent that the child would be harmed by it (within the meaning of the Children Order);
(b)
the applicant’s connection with the child; and
(c)
any representations made to the court by—
(i)
the child; or
(ii)
a person who has applied for the adoption order or in whose favour the adoption order is or has been made.
(6)
When making an adoption order, the court may on its own initiative make an order of the type mentioned in subsection (2)(b).
(7)
The period of one year mentioned in subsection (3)(e) need not be continuous but must not have begun more than five years before the making of the application.
(8)
Where this section applies, an order under Article 8 of the Children Order may not make provision about contact between the child and any person who may be named in an order under this section.