The Family Proceedings (Amendment) Rules (Northern Ireland) 2003

PART IV additional information required for a convention adoption application

26.  Where the United Kingdom is the receiving State –

The Child

(i) to be adopted has not attained the age of 18 years at the date of the application; and

(ii) was habitually resident in which is a Convention country outside the British Islands on the date on which the agreement under Article 17(c) of the Convention was made.

The Applicants

(iii) both spouses (in the case of an application by a married couple) or the applicant (in the case of an application by one person) have attained the age of 21 years and have been habitually resident in the British Islands for a period of not less than one year ending with the date of the application;

(iv) [both spouses (in the case of an application by a married couple) or the applicant (in the case of an application by one person) are British citizens by virtue of the British Nationality Act 1981 (1)].

• [Whereas, (insert name of applicant(s)) is/are not a British citizen by virtue of section 1 of the British Nationality Act 1981, the Home Office has confirmed that the child is authorised to enter and reside permanently in the United Kingdom].

27.  Where the United Kingdom is the State of origin –

The Child

(i) to be adopted has not attained the age of 18 years at the date of the application;

(ii) is free for adoption by virtue of an order made under section 18 of the Adoption Act 1976, section 18 of the Adoption (Scotland) Act 1978, or Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987; and

(iii) is habitually resident in which is part of the British Islands on the date of the application.

The Applicants

Both spouses (in the case of an application by a married couple) or the applicant (in the case of an application by one person) have attained the age of 21 years and are habitually resident in which is a Convention country outside the British Islands on the date of the application.

Notes

Paragraph 26: The report on the child prepared by the CA of the State of origin should be exhibited. In sub-paragraph (iv) delete the words in square brackets which do not apply. Where one of the applicants is not a British citizen by virtue of the British Nationality Act 1981, notice of confirmation from the Home Office that the child is authorised to enter and reside permanently in the United Kingdom should be exhibited.

(1)

1981 c. 61