Adoption (Hague Convention) Act (Northern Ireland) 1969

N.I. Recognition of foreign adoptions and adoption proceedings

4 Extension of enactments to certain foreign adoptions. N.I.

Subs. (1),(2) rep. by 1987 NI 22

(3) In this Act “foreign adoption” means an adoption specified by an order made under[F1 section 72(2) of the Adoption Act 1976] and evidence of a foreign adoption may be given in the manner provided by the order.

F1 1995 NI 2

5 Recognition of foreign determinations in adoption proceedings. N.I.

(1) Where an authority of a convention country[F2 or any British territory[F3 outside the United Kingdom] having power under the law of that country or territory]

(a) to authorise or review the authorisation of a foreign convention adoptionF4 . . . ; or

(b) to give or review a decision revoking or annulling a foreign convention adoption,F4 . . . or a convention adoption order;

makes a determination in the exercise of that power, then, subject to section 6 of this Act and any subsequent determination having effect under this subsection, the determination shall have effect in Northern Ireland for the purpose of effecting, confirming or terminating the adoption in question or confirming its termination, as the case may be.

(2) In this Act “foreign convention adoption” means a foreign adoption of a description designated by an order made under[F3 section 72(2) of the Adoption Act 1976] as that of an adoption regulated by the Convention.

F2 1987 NI 22

F3 1995 NI 2

F4 2001 c. 11 (NI)

6 Annulment etc., of certain foreign adoptions and determinations. N.I.

(1) The court may, upon an application under this subsection, by order annul [F5 an adoption effected by a foreign convention order or] a foreign convention adoption—

(a) on the ground that at the relevant time the adoption was prohibited by a notified provision, if under the internal law then in force in the country of which the adopter was then a national or the adopters were then nationals the adoption could have been impugned on that ground;

(b) on the ground that at the relevant time the adoption contravened provisions relating to consents of the internal law relating to adoption of the country of which the adopted person was then a national, if under that law the adoption could then have been impugned on that ground;

(c) on any other ground on which the adoption can be impugned under the law for the time being in force in the country in which the adoption was effected.

(2) Where a person adopted by his father or mother alone by virtue of a foreign convention adoption has subsequently become a legitimated person on the marriage of [F6 , or formation of a civil partnership by,] his father and mother, the court may, upon an application under this subsection by the parties concerned, by order revoke the adoption.

(3) The court may, upon an application under this subsection—

(a) order that a foreign adoption or a determination shall cease to be valid in Northern Ireland on the ground that the adoption or determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case;

(b) decide the extent, if any, to which a determination has been affected by a subsequent determination.

(4) Except as provided by this section, the validity of a foreign adoption or a determination shall not be impugned in proceedings in any court in Northern Ireland.

F5 1978 c.22

F6 Words in s. 6(2) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 29(4) (with regs. 6-9)

7 Provisions supplementary to section 6. N.I.

(1) Any application for an order under section 6 or a decision under section 6(3)( b) shall be made in the prescribed manner and within such period, if any, as may be prescribed.

(2) No application shall be made under subsection (1) or (2) of section 6 …F7 unless immediately before the application is made the person adopted or the adopter resides in Northern Ireland or, as the case may be, both adopters reside there.

(3) In deciding in pursuance of section 6 whether such an authority as is mentioned in section 5(1) was competent to entertain a particular case, the court shall be bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to entertain the case.

(4) In section 6 and this section—

• “determination” means such a determination as is mentioned in section 5(1);

• “notified provision” means a provision specified in an order made under[F8 section 54(4) of the Adoption Act 1976]; and

• “relevant time” means the time when the adoption in question purported to take effect under the law of the country in which it purports to have been effected.

F7 1978 c.22

F8 1995 NI 2