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The Adoption (Northern Ireland) Order 1987, Section 13 is up to date with all changes known to be in force on or before 26 April 2024. 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.
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13.—(1) Where—
(a)the applicant, or one of the applicants, is a parent, step-parent or relative of the child, or
(b)the child was placed with the applicants by an adoption agency or in pursuance of an order of the High Court,
an adoption order shall not be made unless the child is at least 19 weeks old and at all times during the preceding 13 weeks had his home with the applicants or one of them.
(2) Where paragraph (1) does not apply, an adoption order shall not be made unless the child is at least 12 months old and at all times during the preceding 12 months had his home with the applicants or one of them.
(3) An adoption order shall not be made unless the court is satisfied that sufficient opportunities to see the child with the applicant or, in the case of an application by a F1... couple, both applicants together in the home environment have been afforded—
(a)where the child was placed with the applicant by an adoption agency, to that agency, or
(b)in any other case, to the F2... [F3HSC trust] within whose area the home is.
[F4(4) 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,
paragraph (1) shall have effect as if the reference to the preceding 13 weeks were a reference to the preceding 6 months.]
F1Word in art. 13(3) omitted (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 30(3) (with regs. 6-9)
F2Words in art. 13(3)(b) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 107; S.R. 2022/102, art. 2(b)
F3Words 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
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