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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

143.—(1) In Article 17 (freeing child for adoption with parental agreement), for paragraph (1) substitute the following paragraph—

(1) Subject to paragraph (2), where, on the joint application of the parents or guardian of the child and an adoption agency, an authorised court is satisfied in the case of each parent or guardian that he freely, and with full understanding of what is involved, agrees—

(a)generally, and

(b)either unconditionally or subject only to a condition with respect to the religious persuasion in which the child is to be brought up,

to the making of an adoption order, the court shall make an order declaring the child free for adoption..

(2) For paragraph (3) (effect of order) substitute the following paragraph—

(3) On the making of an order under paragraph (1), parental responsibility for the child is given to the adoption agency, and paragraphs (2) to (4) of Article 12 shall apply as if the order were an adoption order and the agency were the adopters..

(3) For paragraph (6) substitute the following paragraphs—

(6) Before making an adoption order or an order under paragraph (1) in the case of a child whose father does not have parental responsibility for him, the court shall satisfy itself in relation to any person claiming to be the father that—

(a)he has no intention of applying for—

(i)an order under Article 7(1) of the Children (Northern Ireland) Order 1995, or

(ii)a residence order under Article 10 of that Order, or

(b)if he did make any such application, it would be likely to be refused.

(7) Paragraphs (5) and (7) of Article 12 shall apply in relation to the making of an order under this Article as they apply in relation to the making of an order under Article 12..

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