Chapter 5 - Children
377.This Chapter makes various amendments to the Children (Northern Ireland) Order 1995 and the Adoption (Northern Ireland) Order 1987 to reflect the creation of the new relationship of civil partnership.
Section 199: Parental responsibility, children of the family and relatives
378.This section amends various provisions of the Children (Northern Ireland) Order 1995 (“the Children Order”) to include civil partners in a way that corresponds to the provisions that apply to married couples.
379.Subsection (2) amends the definition of “child of the family” in Article 2(2) of the Children Order to include a child of both civil partners and any other child who has been treated as a child of the family by both civil partners, unless the child had been placed with the civil partners - by a local authority or a voluntary organisation - as foster parents.
380.Subsection (3) amends the definition of “relative” in Article 2(2) of the Children Order to replace “by affinity” with “by marriage or civil partnership”.
381.Subsection (4) amends Article 7(1C) of the Children Order to enable a civil partner to acquire parental responsibility of their civil partner’s child in the same way as a person who is married to the parent of the child (but is not that child’s parent).
Section 200: Guardianship
382.This section amends Article 161 of the Children Order in relation to the revocation and disclaimer of appointments of guardians. Under Article 160 (1) and (2) of the Children Order a parent or guardian may appoint any person to act as the guardian of a child in his or her place. This section inserts a provision into Article 161 of the Children Order so that where a person appoints his or her civil partner to be the guardian of a child that appointment is revoked if the civil partnership is dissolved or annulled, unless the appointment itself indicates that the dissolution or annulment of the civil partnership should not affect the appointment.
Section 201: Entitlement to apply for a residence or contact order
383.This section amends Article 10(5) of the Children Order to add a civil partner in a civil partnership to the class of people who are able to apply for a residence or contact order. The amendment enables civil partners to apply for an order whether or not the civil partnership subsists.
Section 202: Financial provision for children
384.This section amends Schedule 1 to the Children Order.
Subsection (2) extends the meaning of “parent” in paragraph 1(2) of Schedule 1 to the Children Order to include any civil partner in a civil partnership, whether it is still in existence or whether it has been brought to an end, for whom the child concerned is a child of the family.
385.Subsection (3) amends Schedule 1 to the Children Order by adding to the definition of periodical payment orders in paragraph 3(6) of that Schedule orders under the provisions of Parts 1 and 8 of Schedule 15 (Financial relief in the High Court or county court etc.) and under Schedule 16 (Financial relief in court of summary jurisdiction etc.) to this Act. This will enable courts to make orders for periodical payments from one civil partner to the other or to a child of the family, or to a particular person for the benefit of a child of the family.
386.Subsection (4) amends paragraph 17(2) of Schedule 1 to the Children Order so that a local authority will not be able to make a contribution towards the maintenance of a child who is subject to a residence order where the person with whom the child is living is a parent of the child, or the husband or wife or civil partner of a parent of the child.
Section 203: Adoption
387.This section amends the Adoption (Northern Ireland) Order 1987 (“the 1987 Order”) to ensure that the status of civil partnership is recognised for the purposes of adoption.
388.Subsection (2) amends the definition of “relative” in relation to a child in Article 2(2) of the 1987 Order to replace “by affinity” with “by marriage or civil partnership”.
389.Subsection (3) amends Article 12(5) of the 1987 Order so that an adoption order cannot be made in respect of any person who is or has been married or in a civil partnership.
390.Subsection (4) amends Article 15(1)(a) of the 1987 Order to allow for an adoption order to be made on the application of one person where that person is over the age of 21 years and is not married or is not a civil partner.
391.Subsection (5) amends Article 33(3)(g) of the 1987 Order so that a protected child ceases to be so on his or her marrying or forming a civil partnership.
392.Subsection (6) amends Article 40(3)(a) of the 1987 Order so that the status conferred as a consequence of an adoption order does not apply for the purposes of Schedule 12 to the Civil Partnership Act (prohibited degrees of relationship).
393.Subsection (7) amends Article 54(2) of the 1987 Order to ensure that an adopted person who intends to enter into a civil partnership can apply to the Registrar General for him to check that the person with whom the applicant intends to enter a civil partnership, does not fall within the prohibited degrees of relationship for the purposes of Schedule 12 to the Civil Partnership Act.
394.Subsection (8) amends Article 54A(13)(a) of the 1987 Order to ensure that the meaning of “relative” for the purposes of an entry in the adoption contact register includes a person related by civil partnership.
