F1functions transf. by SR 1993/494
55.—(1) Where any person adopted by his father or mother alone has subsequently become a legitimated person on the marriage of [F2, or formation of a civil partnership by,] his father and mother, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke that order.
(2) Where any person legitimated by virtue of section 1 of the Legitimacy Act (Northern Ireland) 1961F3 had been adopted by his father and mother before 1st September 1961, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke that order.
(3) In relation to an adoption order made by a county court, the reference in paragraphs (1) and (2) to the court by which the order was made includes a reference to [F4any other county court] .
(4) Where an adoption order is revoked under paragraph (1) or (2) the prescribed officer of the court shall cause the revocation to be communicated in the prescribed manner to the Registrar General who shall cause to be cancelled—
(a)the entry in the Adopted Children Register relating to the adopted person; and
(b)the marking with the word “Adopted” of any entry relating to him in the Register of Births;
and a copy or extract of an entry in any register, being an entry the marking of which is cancelled under this paragraph, shall be deemed to be an accurate copy if and only if both the marking and the cancellation are omitted therefrom.
F2Words in art. 55(1) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 30(12) (with regs. 6-9)
F4Words in art. 55(3) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 95(3) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
55A.—(1) The High Court may, on an application under this paragraph, by order annul a Convention adoption or a Convention adoption order on the ground that the adoption or order is contrary to public policy.
(2) The High Court may, on an application under this paragraph—
(a)order that an overseas adoption or a determination shall cease to be valid in Northern Ireland on the ground that the adoption or determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case;
(b)decide the extent, if any, to which a determination has been affected by a subsequent determination.
(3) Except as provided by this Article the validity of a Convention adoption, a Convention adoption order, an overseas adoption or a determination shall not be impugned in proceedings in any court in Northern Ireland.]
55B.—(1) Any application for an order under Article 55A or a decision under paragraph (2)(b) of that Article shall be made in the prescribed manner and within such period, if any, as may be prescribed.
(2) No application shall be made under Article 55A(1) unless immediately before the application is made the person adopted or the adopter habitually resides in Northern Ireland or, as the case may be, both adopters habitually reside there.
(3) In deciding in pursuance of Article 55A whether such an authority as is mentioned in Article 58ZB was competent to entertain a particular case, the court shall be bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to entertain the case.
(4) In Article 55A “determination” means such a determination as is mentioned in Article 58ZB.