- Latest available (Revised)
- Original (As enacted)
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.—(1) Article 7 of the Children (Northern Ireland) Order 1995 (NI 2) (acquisition of parental responsibility) shall be amended as follows.
(2) In paragraph (1) (acquisition of parental responsibility by father who is not married to child's mother), for the words after “birth” substitute “, the father shall acquire parental responsibility for the child if—
(a)he becomes registered as the child's father;
(b)he and the child's mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or
(c)the court, on his application, orders that he shall have parental responsibility for the child” .
(3) After paragraph (1) there shall be inserted—
“(1A) A child's step-parent shall acquire parental responsibility for the child if the court, on the application of the step-parent, orders that he shall have parental responsibility for the child.
(1B) Where a person has parental responsibility for a child as a result of paragraph (1A), he shall not have the right—
(a)to consent, or refuse to consent, to the making of an application with respect to the child under Article 17 of the Adoption Order;
(b)to agree, or refuse to agree, to the making of an adoption order, or an order under Article 57 of the Adoption Order, with respect to the child; or
(c)to appoint a guardian for the child.
(1C) In paragraph (1A) “step-parent” means a person who is married to a child's parent who has parental responsibility for the child.” .
(4) F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For paragraph (4) there shall be substituted—
“(3A) A person who has acquired parental responsibility under paragraph (1) or (1A) shall cease to have that responsibility if the court so orders.
(4) The court may make an order under paragraph (3A) on the application—
(a)of any person who has parental responsibility for the child; or
(b)with leave of the court, of the child himself,
subject, in the case of parental responsibility acquired by the father of the child under paragraph (1)(c), to Article 12(4) (residence orders and parental responsibility).” .
(6) The Children (Northern Ireland) Order 1995 shall be further amended as follows—
(a)in Article 3(4) (circumstances in which the court must have regard in particular to matters listed in Article 3(3)), after sub-paragraph (a) there shall be inserted—
“(aa)the court is considering whether to make an order under Article 7; or” ;
(b)in Article 5(2)(b) (father who is not married to child's mother shall not have parental responsibility for the child unless he acquires it in accordance with the provisions of the Order), for the words from “shall not” to “acquires it” substitute “shall have parental responsibility for the child if he has acquired it (and has not ceased to have it)”; and
(c)in Article 179(7) (duration of orders), after the words “Article 7(1)” there shall be inserted “or (1A)”.
(7) Sub-paragraph (a) of Article 7(1) of the Children (Northern Ireland) Order 1995, as substituted by subsection (2), does not confer parental responsibility on a man who was registered (within the meaning of that sub-paragraph) as the child's father before the commencement of that subsection.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: