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Civil Partnership Act 2004

Section 203: Adoption

387.This section amends the Adoption (Northern Ireland) Order 1987 (“the 1987 Order”) to ensure that the status of civil partnership is recognised for the purposes of adoption.

388.Subsection (2) amends the definition of “relative” in relation to a child in Article 2(2) of the 1987 Order to replace “by affinity” with “by marriage or civil partnership”.

389.Subsection (3) amends Article 12(5) of the 1987 Order so that an adoption order cannot be made in respect of any person who is or has been married or in a civil partnership.

390.Subsection (4) amends Article 15(1)(a) of the 1987 Order to allow for an adoption order to be made on the application of one person where that person is over the age of 21 years and is not married or is not a civil partner.

391.Subsection (5) amends Article 33(3)(g) of the 1987 Order so that a protected child ceases to be so on his or her marrying or forming a civil partnership.

392.Subsection (6) amends Article 40(3)(a) of the 1987 Order so that the status conferred as a consequence of an adoption order does not apply for the purposes of Schedule 12 to the Civil Partnership Act (prohibited degrees of relationship).

393.Subsection (7) amends Article 54(2) of the 1987 Order to ensure that an adopted person who intends to enter into a civil partnership can apply to the Registrar General for him to check that the person with whom the applicant intends to enter a civil partnership, does not fall within the prohibited degrees of relationship for the purposes of Schedule 12 to the Civil Partnership Act.

394.Subsection (8) amends Article 54A(13)(a) of the 1987 Order to ensure that the meaning of “relative” for the purposes of an entry in the adoption contact register includes a person related by civil partnership.

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