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The Matrimonial and Family Proceedings (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Declarations as to adoptions effected overseas

33.—(1) Any person whose status as an adopted child of any person depends on whether he has been adopted by that person by either—

(a)a foreign adoption as defined by section 4(3) of the Adoption (Hague Convention) Act (Northern Ireland) 1969(1) ; or

(b)an adoption recognised by the law of Northern Ireland and effected under the law of any country outside the United Kingdom, the Channel Islands and the Isle of Man;

may apply to the court for one (or for one or, in the alternative, the other) of the declarations mentioned in paragraph (2).

(2) The said declarations are—

(a)a declaration that the applicant is for the purposes of Article 40 of the Adoption (Northern Ireland) Order 1987(2) the adopted child of that person;

(b)a declaration that the applicant is not for the purposes of that Article the adopted child of that person.

(3) A court shall have jurisdiction to entertain an application under paragraph (1) if (and only if) the applicant—

(a)is domiciled in Northern Ireland on the date of the application, or

(b)has been habitually resident in Northern Ireland throughout the period of one year ending with that date.

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