The Adoption (Northern Ireland) Order 1987

Application of Article 31 where child not placed for adoption

32.—(1) Where a person serves notice in pursuance of Article 22(1) on the Board within whose area he has his home of his intention to apply for an adoption order in respect of a child who is for the time being in the care of a Board, not being a child who was delivered into the actual custody of that person in pursuance of such arrangements as are mentioned in Article 31(1), that Article shall apply as if the child had been so delivered, except that where the application is refused by the court or withdrawn the child need not be returned to the Board in whose care he is unless the Board so requires.

(2) Where notice of intention is served as aforesaid in respect of any child who is for the time being in the care of a Board then, until the application for an adoption order has been made and disposed of, any right of the Board to require the child to be returned to it otherwise than in pursuance of Article 31 shall be suspended.

(3) While the child remains in the actual custody of the person by whom the notice is served no contribution shall be payable (whether under a contribution order or otherwise) in respect of the child by any person liable under section 155 of the Children and Young Persons Act (Northern Ireland) 1968(1) to make contributions in respect of him (but without prejudice to the recovery of any sum due at the time the notice is served), unless 12 weeks have elapsed since the service of the notice without the application being made or the application has been refused by the court or withdrawn.

(1)

1968 c. 34 (N.I.)