Adoption and Children Act (Northern Ireland) 2022

Pre-commencement adoptions: information

102.—(1) Regulations under section 9 may make provision for the purpose of—

(a) assisting persons adopted before the appointed day who have attained the age of 18 to obtain information in relation to their adoption;

(b) assisting a natural parent of a person referred to in paragraph (a) to obtain information in relation to that person’s adoption; and

(c) facilitating contact between persons referred to in paragraph (a) and their relatives.

(2) Regulations under section 9 may make provision for the purpose of facilitating contact between persons with a prescribed relationship to a person adopted before the appointed day and that person’s relatives.

(3) Regulations under section 9 may make provision for the purpose of authorising or requiring adoption agencies in prescribed circumstances to disclose or provide access to prescribed information relating to the adoption of a person adopted before the appointed day who has attained the age of 18.

(4) For a purpose within subsection (1) or (2) the regulations may confer functions on—

(a) adoption agencies; and

(b) the Registrar General.

(5) For a purpose within subsection (1) or (2) the regulations may—

(a) authorise or require any person mentioned in subsection (4) to disclose information;

(b) authorise or require the disclosure of information contained in records of any court kept under the Public Records Act (Northern Ireland) 1923.

(6) For a purpose within subsection (1), (2) or (3) the regulations may impose conditions on the disclosure of information, including conditions restricting its further disclosure.

(7) The regulations may authorise the charging of prescribed fees by any person mentioned in subsection (3) or (4) or in respect of the disclosure of information under subsection (5)(b); but an adopted person (“A”) may not be required to pay any fee in respect of any information disclosed to A or to which A was provided access.

(8) An authorisation or requirement to disclose information by virtue of subsection (3) or (5)(a) has effect in spite of any restriction on the disclosure of information in Chapter 5.

(9) The making of regulations by virtue of subsections (4) to (7) which relate to the Registrar General requires the approval of the Department of Finance.

(10) In this section—

“appointed day” means the day appointed for the commencement of sections 55 to 64;

“prescribed” means prescribed by regulations under section 9;

“relative”, in relation to an adopted person (“A”), means any person who (but for A’s adoption) would be related to A by blood (including half-blood), marriage or civil partnership.