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The Adoption (Northern Ireland) Order 1987

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Commencement Orders yet to be applied to the The Adoption (Northern Ireland) Order 1987

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

Miscellaneous provisionsN.I.

Adoption by persons domiciled outside Northern IrelandN.I.

57.  [F1(1)  Where on an application made in respect of a child by a person who is not domiciled in Northern Ireland or England and Wales or Scotland an authorised court is satisfied that he intends to adopt the child under the law of or within the country in which the applicant is domiciled, the court may, subject to the provisions of this Article, make an order giving him parental responsibility for the child.]

(2) The provisions of Part III relating to adoption orders, except Articles 12(1),[F1 14(4)], 15(2), 17 to 21 and 26, shall apply in relation to an order under this Article as they apply in relation to adoption orders subject to the modification that in Article 13(1) for “19” and “13” there are substituted “ 32 ” and “ 26 ” respectively.

(3) Articles 50, 51(1), 53(1) and 54 shall apply in relation to an order under this Article, except that any entry in the Register of Births or in the Adopted Children Register which is required to be marked in consequence of the making of an order under this Article shall, in lieu of being marked with the word “Adopted” or “Re-adopted” be marked with the words “ Proposed foreign adoption ” or “ Proposed foreign re-adoption ”, as the case may require.

Para. (4) rep. by 1995 NI 2

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Restriction on removal of children for adoption outside Northern IrelandN.I.

58.  (1)  Except under the authority of an order under Article 57[F2, section 55 of the Adoption Act 1976 or section 49 of the Adoption (Scotland) Act 1978] it shall not be lawful for any person to take or send a child who is a British subject or a citizen of the Republic of Ireland out of Northern Ireland to any place outside the British Islands with a view to the adoption of the child by any person not being a parent or guardian or relative of the child; and any person who takes or sends a child out of Northern Ireland to any place in contravention of this paragraph, or makes or takes part in any arrangements for[F2 placing a child with] any person for that purpose, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

(2) In any proceedings under this Article, a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer shall, upon proof that the officer or the deponent cannot be found in the United Kingom, be admissible as evidence of the matters stated therein, and it shall not be necessary to prove the signature or official character of the person who appears to have signed any such report or deposition.

(3) In this Article “the British Islands” means the United Kingdom, the Channel Islands and the Isle of Man.

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[F3Restriction on bringing children into the United Kingdom for adoptionN.I.

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58ZA.  (1)  A person habitually resident in the British Islands who at any time brings into the United Kingdom for the purpose of adoption a child who is habitually resident outside those Islands shall be guilty of an offence unless such requirements as may be prescribed are satisfied either—

(a)before that time; or

(b)within such period beginning with that time as may be prescribed.

(2) Paragraph (1) does not apply where the child is brought into the United Kingdom for the purpose of adoption by a parent, guardian or relative.

(3) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

(4) Proceedings for an offence under this Article may be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the prosecution to warrant the proceedings came to its knowledge; but no such proceedings shall be brought by virtue of this paragraph more than 3 years after the commission of the offence.

(5) In this Article “the British Islands” means the United Kingdom, the Channel Islands and the Isle of Man.]

[F4Effect of determinations in Convention countries, etc.N.I.

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58ZB.  Where—

(a)an authority of a Convention country (other than the United Kingdom) having power under the law of that country—

(i)to authorise, or review the authorisation of, a Convention adoption; or

(ii)to give or review a decision revoking or annulling such an adoption or a Convention adoption order; or

(b)an authority of any of the Channel Islands, the Isle of Man or any colony having power under the law of that territory—

(i)to authorise, or review the authorisation of, a Convention adoption or an adoption effected in that territory; or

(ii)to give or review a decision revoking or annulling such an adoption or a Convention adoption order,

makes a determination in the exercise of that power, then, subject to Article 55A and any subsequent determination having effect under this Article, the determination shall have effect in Northern Ireland for the purpose of effecting, confirming or terminating the adoption in question or confirming its termination as the case may be.]

[F5Orders made in adoption proceedings outside Northern IrelandN.I.

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58A.  (1)  Paragraphs (2) to (4) of Article 12 shall apply in relation to an order freeing a child for adoption (other than an order under Article 17(1) or 18 (1)) as if it were an adoption order; and, on the revocation in England and Wales or Scotland of an order freeing a child for adoption, paragraphs (3) and (3A) of Article 20 shall apply as if the order had been revoked under that Article.

(2) Articles 12(3) and (4) and 49 shall apply in relation to a child who is the subject to an order which is similar to an order under Article 57 and is made in any part of Great Britain or the Channel Islands or in the Isle of Man, as they apply in relation to a child who is the subject of an adoption order.]

Prohibition on certain paymentsN.I.

59.  (1)  Subject to the provisions of this Article[F6 and Article 59A] it shall not be lawful for any person to make or give any payment or reward whatsoever in consideration of or in connection with the adoption of any child.

(2) Paragraph (1) shall not apply to—

(a)any payment made to or received by an adoption agency in connection with the adoption of a child being a payment in respect of expenses reasonably incurred by the agency in connection with the adoption of the child;

(b)any payment or reward the receipt or making of which is authorised by the court to which an application is made for an adoption order in respect of a child, or pursuant to any agreement, whether entered into before or after the making of the application, with respect to the receipt or making of any such payment or reward as may be so authorised;

(c)any payment made by or on behalf of a registered adoption society in respect of the maintenance of a child who has been placed at the disposition of the society;

(d)any payment made to a registered adoption society by the parent or guardian of a child or by any other person in respect of the maintenance of the child so long as the child is not[F6 with] an adopter, being a payment made weekly and at a rate not exceeding such rate as may be prescribed.

(3) Any person who makes or gives, or agrees or offers to make or give, any payment or reward prohibited by this Article, or who receives or agrees to receive or attempts to obtain any such payment or reward, shall be guilty of an offence and ahall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both;F6. . .

Paras. (4)‐(11) rep. by 1995 NI 2

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[F7Permitted allowancesN.I.

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59A.  (1)  The Department may make regulations for the purpose of enabling adoption agencies to pay allowances to persons who have adopted, or intend to adopt, children in pursuance of arrangements made by the agencies.

(2) Article 59(1) shall not apply to any payment made by an adoption agency in accordance with the regulations.

(3) The regulations may, in particular, make provision as to—

(a)the procedure to be followed by an agency in determining whether a person should be paid an allowance;

(b)the circumstances in which an allowance may be paid;

(c)the factors to be taken into account in determining the amount of an allowance;

(d)the procedure for review, variation and termination of allowances; and

(e)the information about allowances to be supplied by an agency to any person who is intending to adopt a child.

(4) Any scheme approved under Article 59(4) shall be revoked as from the commencement of this Article.

(5) Article 59(1) shall not apply in relation to any payment made—

(a)in accordance with a scheme revoked under paragraph (4) or Article 59(5)(b); and

(b)to a person to whom such payments were made before the revocation of the scheme.

(6) Paragraph (5) shall not apply where any person to whom any payments may lawfully be made by virtue of paragraph (5) agrees to receive (instead of such payments) payments complying with regulations made under this Article.]

Restriction on advertisementsN.I.

60.  (1)  It shall not be lawful for any advertisement to be published indicating—

(a)that the parent or guardian of a child desires to cause a child to be adopted; or

(b)that a person desires to adopt a child; or

(c)that any person (not being an adoption agency) is willing to make arrangements for the adoption of a child.

(2) Any person who causes to be published or knowingly publishes an advertisement in contravention of the provisions of this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Prohibition of wrongful disclosure of informationN.I.

61.  Any person who, being or having been—

(a)a member of, or of a committee of, an adoption agency, or

(b)employed by, or by a committee of, an adoption agency,

publishes or communicates whether directly or indirectly, otherwise than in the ordinary course of duty, to any person without lawful authority any information obtained in the course of his membership or employment relating to the adoption or intended or proposed adoption of any child shall (without prejudice to any right of any such body to dismiss on the ground of misconduct such a person who makes such publication or communication while in their employment) be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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