The Adoption (Northern Ireland) Order 1987 No. 2203 (NI. 22)

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Adoption (Northern Ireland) Order 1987.

(2) This Order shall come into operation on such day or days as the Head of the Department of Health and Social Services may by order appointF1 .

F1 fully exercised by SR 1989/252

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F2 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• Definition rep. by 1995 NI 2

• “adoption agency” shall be construed in accordance with Article 3(3); and for the purposes of Articles 11[F3 ,13, 17 to 22, 24 and 28 to 32] includes an adoption agency within the meaning of section 1 of the Adoption Act 1976F4 (adoption agencies in England and Wales) and section 1 of the Adoption (Scotland) Act 1978F5 (adoption agencies in Scotland);

• [F6 “adoption order”

  (a)

  means an order under Article 12(1);

  (b)

  in Articles 12(3) and (4), 17 to 20, 25(3), 28, 29 and 31 to 33 includes an order under section 12 of the Adoption Act 1976 or section 12 of the Adoption (Scotland) Act 1978 (adoption orders in England and Wales and Scotland);

  (c)

  in Articles 28, 29 and 31 to 33 includes an order under Article 57, section 55 of the Adoption Act 1976 or section 49 of the Adoption (Scotland) Act 1978 (adoption by persons domiciled outside Northern Ireland or England and Wales or Scotland);]

• “adoption society” means a body of persons whose functions consist of or include the making of arrangements for the adoption of children;

• “adoption rules” means rules of court and county court rules;

• [F7 “appropriate voluntary organisation” means a voluntary organisation which is an adoption society in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;]

• “authorised court”, as respects an application for an order relating to a child, means—

  (a)

  in the case of an application for an adoption order or for an order freeing a child for adoption where the child is not in Northern Ireland when the application is made, the High Court;

  (b)

  in the case of an application under Article 30—

  (i)

  where there is pending in respect of the child an application for an adoption order or an order freeing him for adoption, the court in which that application is pending;

  (ii)

  in any other case, the High Court or the county court within whose division the applicant lives;

  (c)

  in any other case where the child is in Northern Ireland when the application is made—

  (i)

  the High Court;

  (ii)

  the county court within whose division the child is, and, in the case of an application for an order freeing a child for adoption, any county court within whose division a parent or guardian of the child is;

  (iii)

  any other county court prescribed by county court rules;

• “Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972F8 ;

• “child”, except where used to express a relationship, means a person who has not attained the age of 18 years;

• [F9 “the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;

• “Convention adoption” means an adoption effected under the law of a Convention country outside the United Kingdom, the Channel Islands and the Isle of Man and certified in pursuance of Article 23(1) of the Convention;

• “Convention adoption order” means an adoption order made in accordance with Article 16A;

• “Convention country” means any country or territory in which the Convention is in force;]

• “the Department” means the Department of Health and Social Services;

• “existing”, in relation to a statutory provision or other instrument, means one passed or made at any time before the commencement of Part V;

• [F10 “guardian” has the same meaning as in the Children (Northern Ireland) Order 1995;]

• [F11 “ [F12 HSC trust]” shall be construed in accordance with paragraph (2A);]

• “notice” means a notice in writing;

• [F13 “order freeing a child for adoption” means an order under Article 17(1) or 18(1) and in Articles 28(2) and 58A(1) includes an order under section 18 of the Adoption Act 1976 or section 18 of the Adoption (Scotland) Act 1978;]

• [F9 “overseas adoption” means an adoption which is an overseas adoption for the purposes of the Adoption Act 1976 or the Adoption (Scotland) Act 1978;]

• [F14 “parent” means, in relation to a child, any parent who has parental responsibility for the child under the Children (Northern Ireand) Order 1995;

• “parental responsibility” and “parental responsibility agreement” have the same meaning as in the Children (Northern Ireland) Order 1995;]

• Definition rep. by 1995 NI 2

• [F15 “prescribed” in Articles 4,[F9 16A, 58ZA] 33 and 59 means prescribed by regulations made by the Department, in[F16 Articles 53(3B) and (3D), 54] and 54A means prescribed by regulations made by the Department of Finance and Personnel and elsewhere means prescribed by adoption rules;]

• F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “registration district” means the local government district or, where a birth took place before the 1st October 1973, the district of the Superintendent Registrar and Registrar of Births and Deaths within the meaning of the Births and Deaths Registration Act (Northern Ireland) 1967F18 ;

• Definition rep. by SR 1993/494

• “relative” in relation to a child means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by[F19 marriage or civil partnership] and includes,F20 . . . any person who would be a relative within the meaning of this definition if[F20 Article 155 of the Children (Northern Ireland) Order 1995 applied to this definition];

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954F21 ;

• [F22 “upbringing” has the same meaning as in the Children (Northern Ireland) Order 1995;]

• “voluntary organisation” means a body other than a public or local authority the activities of which are not carried on for profit.

[F11 (2A) A reference to any provision of this Order to an “ [F12 HSC trust]” is a reference to a [F23 Health and Social Care trust] by which functions under that provision are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994.

(2B) In paragraph (2A) “ [F23 Health and Social Care trust]” means a body established under Article 10(1) of the Health and Personal Social Services (Northern Ireland) Order 1991.

(2C) A reference in this Order to the area of an [F12 HSC trust] is a reference to the operational area of that trust as defined in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972

(2D) For the purposes of any provision of this Order a person shall not be taken to be, or to reside or have his home, within the area of a Health and Social Services Board if he is, or (as the case may be) resides or has his home, within the area of an [F12 HSC trust] by which functions under that provision are exercisable by an [F12 HSC trust] by virtue of an authorisation mentioned in paragraph (2A).]

(3) For the purposes of this Order, a person shall be deemed to make arrangements for the adoption of a child or to take part in arrangements for[F24 placing a child with] a person if—

(a) he enters into or makes any agreement or arrangement for, or for facilitating, the adoption of the child by any other person, whether the adoption is effected, or is intended to be effected, in pursuance of an adoption order, an order under Article 57 or otherwise; or

(b) he enters into or makes any agreement or arrangement for, or facilitates, the[F25 placing of the child with] that other person;

or if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor, or if he causes another person to do so.

[F9 (3A) In this Order, in relation to the proposed adoption of a child resident outside the United Kingdom, the Channel Islands and the Isle of Man, references to arrangements for the adoption of a child include references to arrangements for an assessment for the purpose of indicating whether a person is suitable to adopt a child or not.

(3B) In this Order, in relation to—

(a) an adoption proposed to be effected by a Convention adoption order; or

(b) an adoption of a child habitually resident outside the United Kingdom, the Channel Islands and the Isle of Man which is proposed to be effected by an adoption order other than a Convention adoption order,

references to a child placed with any persons by an adoption agency include references to a child who, in pursuance of arrangements made by such an agency, has been adopted by or placed with those persons under the law of a country or territory outside the United Kingdom, the Channel Islands and the Isle of Man.]

[F26 (4) In this Order, in determining what person, or where, a child has his home, any absence of the child at a hospital or at a school providing accommodation for him and any other temporary absence shall be disregarded.

(5) In this Order references to a child who is in the care of or looked after by a Board or [F12 HSC trust] have the same meaning as in the Children (Northern Ireland) Order 1995.]

F2 1954 c. 33 (NI)

F3 1995 NI 2

F4 1976 c. 36

F5 1978 c. 28

F6 1995 NI 2

F7 Art. 2(2): definition of "appropriate voluntary organisation" inserted (29.10.2010) by Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), arts. 1(3), 50(1), Sch. 4; S.R. 2010/288, art. 3, Sch. 1

F8 1972 NI 14

F9 2001 c. 11 (NI)

F10 1995 NI 2

F11 1994 NI 2

F12 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F13 1995 NI 2

F14 1995 NI 2

F15 1995 NI 2

F16 2002 c. 38

F17 Art. 2(2): definition of "registered adoption society" repealed (29.10.2010) by Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), arts. 1(3), 50(2), Sch. 5; S.R. 2010/288, art. 3, Sch. 1

F18 1967 c. 25 (NI)

F19 2004 c.33

F20 1995 NI 2

F21 1954 c. 33 (NI)

F22 1995 NI 2

F23 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F24 1995 NI 2

F25 1995 NI 2

F26 1995 NI 2

Modifications etc. (not altering text)

C1 Art. 2(2): definition of "order freeing a child for adoption" modified (temp. from 2.11.2010 to 2.7.2011) by Adoption and Children (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2469), arts. 5(a), 6

C2 Art. 2(1)-(2D) applied (with modifications) (6.4.2010) by Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 3, Sch. 2

C3 Art. 2(4) applied (with modifications) (6.4.2010) by Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 3, Sch. 2