In this Part references to adoption are to the adoption of children, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the United Kingdom, the Channel Islands and the Isle of Man.

The service maintainedF27. . . under paragraph (1) may be collectively referred to as “the Adoption Service”, and a BoardF24, an F25HSC trust or a registered adoption society may be referred to as an adoption agency.

A body which is a voluntary organisation and desires to act, or to continue to act, as an adoption society may apply to the Department in the prescribed manner for registration under this Article paying such fee, if any, as may be prescribed.

Registration of an adoption society on an application under paragraph (1), unless cancelled earlier under Article 5, shall last for a period of 3 years from the date of registration and shall then expire or, in the case of a registered adoption society whose further application for registration is pending at that time, shall expire on the date when that application is granted or, as the case may be, refused.

F137Where registration is cancelled under paragraph (1) or expires, the Department may direct the bodyF136 concerned to make such arrangements as to children who are in its care and other transitional matters as seem to the Department expedient.

If any representations are made by the body or society in accordance with paragraph (1)(ii), the Department shall give further consideration to the application or, as the case may be, the cancellation of the registration, taking into account those representations.

If the Department, after complying with paragraph (1) and, where appropriate, paragraph (2), decides to refuse the application for registration or to cancel the registration, as the case may be, it shall give to the body or society notice of its decision.

Any body aggrieved by the refusal of an application for registration, or any adoption society aggrieved by the cancellation of its registration, by the Department, may appeal to an Appeal Tribunal constituted in accordance with Schedule 1 and that Tribunal may determine any such appeal; and the Tribunal's determination shall be final and conclusive.

An appeal under this Article shall be brought by notice served on the Department requiring it to refer the refusal or cancellation to an Appeal Tribunal.

The Department shall pay to any member of an Appeal Tribunal such remuneration, if any, and such travelling or other allowances as may be approved by the Department of Finance and Personnel.

An Appeal Tribunal may by summons require any person to attend, at such time and place as is set forth in the summons, to give evidence or to produce any documents or articles in his custody or under his control which relate to any appeal or other matter pending before the Tribunal, and may hear, receive and examine evidence on oath and for that purpose may administer oaths, or may, instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined; and the Tribunal may also exercise the powers conferred by Schedule 1.

Every person who refuses or wilfully neglects to attend in obedience to a summons issued under paragraph (7), or to give evidence, or who wilfully alters, suppresses, cancels, destroys or refuses to produce any document or article which he may be required to produce by virtue of that paragraph, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

Any person entitled to appeal to an Appeal Tribunal may appear and be heard on any such appeal either in person or by counsel or solicitor.

Where the registration of an adoption society is cancelled or its re-registration on the expiry of a period of registration is refused by the Department, the adoption society shall, for the purposes of this Order, be deemed to be registered under this Order during the period within which an appeal against the cancellation or refusal may be brought under this Article, and, if such an appeal is brought, until the determination or abandonment of the appeal.

For the purposes of paragraph (10), regulations may prescribe when an appeal is to be treated as abandoned.

The Department may at any time serve a notice on any registered adoption society, or on any officer of such a society, requiring that society or officer to produce to the Department or a specified officer of the Department such books, accounts and other documents of the society relating to the performance by the society of its function in connection with the adoption of children as the Department may consider necessary for its information.

Any such notice may contain a requirement that any information to be furnished in accordance with the notice shall be verified in a manner specified in the notice.

Any person who fails to comply with the requirements of a notice under this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

If it appears to the Department that a registered adoption society, or a society whose registration has expired under Article 4(4) or has been cancelled under Article 5, is inactive or defunct, the Department may, in relation to any child who is or was in the care of the society, direct a BoardF28 or F29HSC trust to take such action as might have been taken by the society or by the society jointly with some other body (including a BoardF28 or F29HSC trust).

Before giving a direction under paragraph (1), the Department shall, if practicable, consult both the society and the BoardF28 or F29HSC trust.

Regulations may make provision for any purpose relating to the exercise by adoption agencies of their functions in connection with the adoption of children.

Regulations may make the contravention of any regulation an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.

An adoption societyF141 approved as respects England and WalesF30 under section 3 of the Adoption Act 1976 or as respects Scotland under section 3 of the Adoption (Scotland) Act 1978F142, but which is notF143 registered under Article 4, shall not act as an adoption society in Northern Ireland except to the extent that the society considers it necessary to do so in the interests of a person mentioned in section 1 of that Act of 1976 or, as the case may be, section 1 of that Act of 1978.

In any proceedings for an offence under paragraph (2)(a) proof of things done or of words written, spoken, or published (whether or not in the presence of any party to the proceedings) by any person taking part in the management or control of a body of persons, or in making arrangements for the adoption of children on behalf of the body, shall be admissible as evidence of the purpose for which that body exists.

An adoption order is an order giving parental responsibility for a child to the adopters, and such an order may be made by an authorised court on the application of the adopters.

The order does not affect parental responsibility so far as it relates to any period before the making of the order.

An adoption order may not be made in relation to a child who is or has been marriedF34 or who is or has been a civil partner.

An adoption order may contain such terms and conditions as the court thinks fit.

An adoption order may be made notwithstanding that the child is already an adopted child.

Where paragraph (1) does not apply, an adoption order shall not be made unless the child is at least 12 months old and at all times during the preceding 12 months had his home with the applicants or one of them.

An adoption order shall not be made on the application of more than one person except in the circumstances specified in paragraphs (2) and (3).

An adoption order may be made on the application of a married couple where both the husband and the wife have attained the age of 21 years.

An adoption order shall not be made on the application of a married couple unless at least one of them is domiciled in a part of the United Kingdom, or in any of the Channel Islands or in the Isle of Man.

An adoption order shall not be made on the application of one person unless he is domiciled in a part of the United Kingdom, or in any of the Channel Islands or in the Isle of Man.

Agreement by the mother of the child is ineffective for the purposes of paragraph (2)(b)(i) if given less than 6 weeks after the child's birth.

Paragraph (2)(f) does not apply unless (because of the ill-treatment or for other reasons) the rehabilitation of the child within the household of the parent or guardian is unlikely.

Where, on an application for an order under paragraph (1) in relation to a child, the mother of the child satisfies the court that her spouse is not the father of the child, the court may make the order on the joint application of the mother and the adoption agency.

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.

Agreement by the mother of the child is ineffective for the purposes of this Article if given less than 6 weeks after the child's birth.

Before making an order under paragraph (1), the court shall satisfy itself, in relation to each parent or guardian of the child who can be found, that he has been given an opportunity of making, if he so wishes, a declaration that he prefers not to be involved in future questions concerning the adoption of the child; and any such declaration shall be recorded by the court.

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.

Where, on an application by an adoption agency, an authorised court is satisfied in the case of each parent or guardian of a child that his agreement to the making of an adoption order should be dispensed with on a ground specified in Article 16(2) the court shall make an order declaring the child free for adoption.

For the purposes of paragraph (2) a child is in the care of an adoption agency if the adoption agency is a Board or F50HSC trust and he is in its care.

Paragraphs (3),F49 and (5) to (7) of Article 17 shall apply to an order made by a court under paragraph (1) as they apply to an order made by a court under Article 17(1).

This Article and Article 20 apply to any person ( “the former parent”) who was required to be given an opportunity of making a declaration under Article 17(5) or by virtue of Article 18(3) but did not do so.

If at the time when the former parent is given notice under paragraph (3) an adoption order has not been made in respect of the child, the adoption agency shall give notice to the former parent of the making of an adoption order (if and when made), and meanwhile shall give the former parent notice whenever the child is placed for adoption or ceases to have his home with a person with whom he has been placed for adoption.

While the application is pending the adoption agency havingF52 parental responsibility shall not place the child for adoption without the leave of the court.

Paragraph (4)(a) shall not apply where the court which dismissed the application gives leave to the former parent to make a further application under paragraph (1), but such leave shall not be given unless it appears to the court that because of a change in circumstances or for any other reason it is proper to allow the application to be made.

On an application to which this Article applies, an authorised court may vary an order under Article 17(1) or 18(1) so as to give parental responsibility for the child to another adoption agency ( “the substitute agency”) in place of the agency for the time being having parental responsibility for the child under the order ( “the existing agency”).

Where an order under Article 17(1) or 18(1) is varied under this Article, Article 19 shall apply as if the substitute agency had been given responsibility for the child on the making of the order.

An adoption order shall not be made in respect of a child who was not placed with the applicant by an adoption agency unless the applicant has, at least 3 months before the date of the order, served notice on the BoardF55 or F56HSC trust within whose area he has his home of his intention to apply for the adoption order.

An application for such an adoption order shall not be made unless the person wishing to make the application has, within the period of two years preceding the making of the application, given notice as mentioned in paragraph (1).

In paragraphs (1) and (1A) the references to the area in which the applicant or person has his home are references to the area in which he has his home at the time of giving the notice.

On receipt of such a notice the BoardF55 or F56HSC trust shall investigate the matter and submit to the court a report of its investigation and shall assist the court in any manner the court may direct.

A Board which receives notice under paragraph (1) in respect of a child whom the Board knows to beF57 looked after by another BoardF55 or of an F56HSC trust shall, not more than 7 days after the receipt of the notice, inform that other BoardF55 or that trust in writing, that it has received the notice.

An F56HSC trust which receives notice under paragraph (1) in respect of a child whom the trust knows to beF57 looked after by another F56HSC trust or of a Board shall, not more than 7 days after the receipt of the notice, inform that other F56HSC trust or that Board in writing, that it has received the notice.

Where an application for an adoption order relates to a child placed by an adoption agency, the agency shall submit to the court a report on the suitability of the applicants and any other matters relevant to the operation of Article 9 and shall assist the court in any manner the court may direct.

Arrangements may be made by an adoption agency which has placed a child for its functions in relation to that child with respect to the report on the suitability of the applicants for adoption and any other matters relevant to the operation of Article 9 to be discharged by another adoption agency where unforeseen and exceptional circumstances make such an arrangement necessary.

The court shall not make an adoption order in relation to a child unless it is satisfied that the applicants have not, as respects the child, contravened Article 59.

Where on an application for an adoption order the requirements of Articles 16(1) and 22(1) are complied with, the court may postpone the determination of the application and make an orderF61 giving parental responsibility for the child to the applicants for a probationary period not exceeding 2 years upon such terms for the maintenance of the child and otherwise as the court thinks fit.

Where the probationary period specified in an order under paragraph (1) is less than 2 years, the court may by a further order extend the period to a duration not exceeding 2 years in all.

For the purposes of paragraph (2) a child is in the care of an adoption agency if the adoption agency is a Board or F64HSC trust and he is in its care.

Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

While an application for an adoption order in respect of a child made by the person with whom the child has had his home for the 5 years preceding the application is pending, no person is entitled, against the will of the applicant, to remove the child from the applicant'sF65 home except with the leave of the court or under authority conferred by any enactment or on the arrest of the child.

In paragraphs (1) and (2) “any enactment” does not include Article 22(2) of the Children (Northern Ireland) Order 1995.

In paragraphs (2) and (3) “a court” means a court with jurisdiction to make adoption orders.

A Board which receives such notice as is mentioned in paragraph (2)in respect of a child whom the Board knows to beF65 looked after by another Board or an F67HSC trust or to be provided with accommodation by a voluntary organisation shall, not more than 7 days after the receipt of the notice, inform that other Board orF68 the F67HSC trust or the organisation, in writing, that it has received the notice.

An F67HSC trust which receives such notice as is mentioned in paragraph (2) in respect of a child whom the F67HSC trust knows to beF65 looked after by another F67HSC trust or a Board or to be provided with accommodation by a voluntary organisation shall, not more than 7 days after the receipt of the notice, inform that other F67HSC trust or that Board or organisation, in writing, that it has received the notice.

Paragraph (2) does not apply to any further notice served by the prospective adopter on any BoardF68 or F67HSC trust in respect of the same child during the period referred to in sub-paragraph (b) of that paragraph or within 28 days after its expiry.

Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

The Department may by order made subject to affirmative resolution amend paragraph (1) or (2) to substitute for the period of 5 years mentioned in that paragraph such other period as may be specified in the order.

If, in the case of an order made by the High Court under paragraph (1), the High Court or, in the case of an order made by a county court under paragraph (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising a constable to search such premises as may be specified in the order for the child and, if a constable acting in pursuance of the order finds the child, to return the child to the applicant.

If a justice of the peace is satisfied by complaint on oath that there are reasonable grounds for believing that a child to whom an order under paragraph (1) relates is in premises specified in the complaint, he may issue a search warrant authorising a constable to search the premises for the child, and if a constable acting in pursuance of the warrant finds the child, he shall return the child to the person on whose application the order under paragraph (1) was made.

An order under paragraph (3) may be enforced in like manner as a warrant of commitment.

A notice under paragraph (1)(b) shall not be served in respect of a child in relation to whom an application has been made for an adoption order except with the leave of the court to which the application has been made.

Where a notice is served on an adoption agency by any person or by an adoption agency on any person under paragraph (1), or where an application for an adoption order made by any person in respect of a child placedF71 with him by an adoption agency is refused by the court or withdrawn, that person shall, within 7 days after the date on which notice was served or the application refused or withdrawn, as the case may be, cause the child to be returned to the agency, who shall receive the child.

Where the period specified in an interim order made under Article 26 (whether as originally made or as extended under paragraph (2) of that Article) expires without an adoption order having been made in respect of the child, paragraph (3) shall apply as if the application for an adoption order upon which the interim order was made, had been refused at the expiration of that period.

It shall be sufficient compliance with the requirements of paragraph (3) if the child is delivered to, and is received by, a suitable person nominated for the purpose by the adoption agency.

Where an application for an adoption order is refused the court may, if it thinks fit at any time before the expiry of the period of 7 days mentioned in paragraph (3), order that period to be extended to a duration, not exceeding 6 weeks, specified in the order.

Any person who contravenes the provisions of this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both; and the court by which the offender is convicted may order the child in respect of whom the offence is committed to be returned to his parent or guardian or to the adoption agency which made the arrangements referred to in paragraph (1).

Where notice of intention is served as described in paragraph (1) in respect of any child who is (when the notice is given) being looked after by a Board or F74HSC trust then, until the application for an adoption order has been made and disposed of, any right of the Board or F74HSC trust to require the child to be returned to it otherwise than in pursuance of Article 31 shall be suspended.

While the child has his home with the person by whom the notice is served no contribution shall be payable (whether under a contribution order or otherwise) in respect of the child by any person liable under Articles 38 to 43 of the Children (Northern Ireland) Order 1995 to make contributions in respect of him (but without prejudice to the recovery of any sum due at the time the notice is served), unless 12 weeks have elapsed since the service of the notice without the application being made or the application has been refused by the court or withdrawn.

Nothing in this Article affects the right of any person who has parental responsibility for a child to remove him under Article 22(2) of the Children (Northern Ireland) Order 1995.

Where a person gives notice in pursuance of Article 22(1) to the BoardF75 or F76HSC trust within whose area he lives of his intention to apply for an adoption order in respect of a child, the child is for the purposes of this Part a protected child while he has his home with that person.

Paragraph (2)(a) shall be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995 (interpretation).

In paragraph (3)(d) the references to a care order and a supervision order do not include references to an interim care order or interim supervision order.

Every BoardF81 or F82HSC trust shall secure that protected children within its area are visited from time to time by officers of the BoardF81 or F82HSC trust, who shall satisfy themselves as to the well-being of the children and give such advice as to their care and maintenance as may appear to be needed.

Any officer of a BoardF81 or F82HSC trust authorised to visit protected children may, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, inspect any premises in the area of the BoardF81 or F82HSC trust in which such children are to be or are being kept.

If a protected child dies, the personF83 with whom he had his home at his death shall within 48 hours serve notice of the child's death on the BoardF84 or F85HSC trust .

A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

A person who maintains a protected child shall be deemed for the purposes of the Life Assurance Act 1774F88 as extended by the Life Insurance (Ireland) Act 1866F89 to have no interest in the life of the child.

Every person shall be entitled to search the index mentioned in paragraph (1)(b) and to have a certified copy of any entry in the Adopted Children Register in all respects upon and subject to the same terms, conditions and regulations as to payment of fees and otherwise as are applicable under the Births and Deaths Registration (Northern Ireland) Order 1976F101 in respect of searches in other indexes kept in the General Register Office and in respect of the supply from that Office of certified copies of entries in the Registers of Births and Deaths.

Every adoption order shall contain a direction to the Registrar General to make in the Adopted Children Register an entry in the form set out in Schedule 2, and (subject to paragraph (2)) shall specify the particulars to be entered under the headings in columns 2 to 6 of that Schedule.

Where upon any application for an adoption order in respect of a child born in Northern Ireland (not being a child who has previously been the subject of an adoption order made by a court in Northern Ireland under this Order or any statutory provision at the time in force) there is proved to the satisfaction of the court the identity of the child with a child to whom an entry in the Register of Births relates, any adoption order made in pursuance of the application shall contain a direction to the Registrar General to cause the entry in the Register of Births to be marked with the word “Adopted”.

Where an adoption order is made in respect of a child who has previously been the subject of an adoption order made by a court in Northern Ireland under this Order or any statutory provision at the time in force, the order shall contain a direction to the Registrar General to cause the previous entry in the Adopted Children Register to be marked with the word “Re-adopted”.

The prescribed officer of the court which made an adoption order shall cause the adoption order to be communicated in the prescribed manner to the Registrar General, and upon receipt of the communication the Registrar General shall cause compliance to be made with the directions contained in the order.

Where an adoption order is communicated to the Registrar General in accordance with paragraph (6), and the country of birth of the child or the country in which the child was previously adopted is shown therein as being England or Wales, Scotland, the Isle of Man or any of the Channel Islands, the Registrar General shall cause a notification giving particulars of the entry to be marked and a statement that an adoption order has been granted in respect of the child, to be transmitted to the authority maintaining the Register of Births or the Adopted Children Register or any corresponding register of adoptions, as the case may be, in that country.

Where an adoption order is quashed or an appeal against an adoption order is allowed by any court, the court shall give direction to the Registrar General to cancel any entry in the Adopted Children Register and any marking of an entry in that Register or the Register of Births which was effected in pursuance of the order.

Where an adoption order has been amended, any certified copy of the relevant entry in the Adopted Children Register which may be issued pursuant to Article 50(2) shall be a copy of the entry as amended, without the reproduction of any note or marking relating to the amendment or of any matter cancelled pursuant thereto; and a copy or extract of an entry in any register, being an entry the marking of which has been cancelled, shall be deemed to be an accurate copy if and only if both the marking and the cancellation are omitted therefrom.

Without prejudice to Article 55 where, after an entry in the Register of Births has been marked with the word “Adopted”, the birth is re-registered under Article 19 of the Births and Deaths Registration (Northern Ireland) Order 1976F102 (which provides for the re-registration of the birth of legitimated persons) the entry made on the re-registration shall be marked in the like manner.

Where the Registrar General has, in accordance with Article 51(7), caused a notification of any particulars to be transmitted to any authority maintaining a Register of Births or an Adopted Children Register or any corresponding register of adoptions in England and Wales, Scotland, the Isle of Man or any of the Channel Islands, and any of those particulars are amended, revoked or cancelled under this Article, the Registrar General shall cause a notification of such amendment, revocation or cancellation to be transmitted to that authority.

Where the Registrar General is notified by the authority maintaining a register of adoptions in England or Wales, Scotland, the Isle of Man or any of the Channel Islands that an order has been made in that country authorising the adoption of a child to whom an entry in the Register of Births or the Adopted Children Register relates, he shall cause the entry to be marked with the word “Adopted” or “Re-adopted” as the case may require, followed by the name, in brackets, of the country in which the order was made.

Where, after an entry has been so marked, the Registrar General is notified as aforesaid that the order has been quashed, that an appeal against the order has been allowed or that the order has been revoked, he shall cause the marking to be cancelled; and a copy or extract of an entry in any register, being an entry the marking of which is cancelled under this paragraph, shall be deemed to be an accurate copy if and only if both the marking and the cancellation are omitted therefrom.

The preceding provisions of this Article shall apply in relation to orders corresponding to orders under Article 57 as they apply in relation to orders authorising the adoption of a child; but any marking of any entry required by virtue of this paragraph shall consist of the words “Proposed foreign adoption” or as the case may require, “Proposed foreign re-adoption” followed by the name in brackets of the country in which the order was made.

An application under paragraph (3A) shall be made, in the prescribed manner, by a prescribed person and give the prescribed particulars.

In this Article “registrable foreign adoption” means a Convention or overseas adoption which satisfies prescribed requirements.

Without prejudice to paragraphs (2)F103,(3) and (3C) or Article 55, where after an entry in the Register of Births has been marked in accordance with this Article the birth is re-registered under Article 19 of the Births and Deaths Registration (Northern Ireland) Order 1976, the entry made on the re-registration shall be marked in the like manner.

Subject toF104 the provisions of this Article, the Registrar General shall, on an application made in the prescribed manner by an adopted person a record of whose birth is kept by the Registrar General and who has attained the age of 18 years, supply to that person on payment of the prescribed fee (if any) such information as is necessary to enable that person to obtain a certified copy of the record of his birth.

On an application made in the prescribed manner by an adopted person under the age of 18 years, a record of whose birth is kept by the Registrar General and who is intending to be marriedF105 or to form a civil partnership, and on payment of the prescribed fee (if any), the Registrar General shall inform the applicant whether or not it appears from information contained in the registers of live births or other records that the applicant andF105 the intended spouse or civil partner may be within the prohibited degrees of relationship for the purposes of Article 18(1) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984F106F105 or Schedule 12 to the Civil Partnership Act 2004.

If the applicant chooses to receive counselling from a body falling within paragraph (3), the Registrar General shall send to the body the information to which to which the applicant is entitled under paragraph (1).

The Registrar General shall maintain at the General Register Office a register to be called the Adoption Contact Register.

The Registrar General shall, on payment of such fee as may be prescribed, enter in Part I of the register the name and address of any adopted person who fulfuls the conditions in paragraph (4) and who gives notice that he wishes to contact any relative of his.

The Registrar General shall, on payment of such fee as may be prescribed, enter in Part II of the register the name and address of any person who fulfils the conditions in paragraph (6) and who gives notice that he wishes to contact an adopted person.

The Registrar General shall, on receiving notice from any person named in an entry in the register that he wishes the entry to be cancelled, cancel the entry.

Any notice given under this Article must be in such a form as may be determined by the Registrar General.

The Registrar General shall transmit to an adopted person whose name is entered in Part I of the register the name and address of any relative in respect of whom there is an entry in Part II of the register.

Any entry cancelled under paragraph (7) ceases from the time of cancellation to be an entry for the purposes of paragraph (9).

The register shall not be open to public inspection or search and the Registrar General shall not supply any person with information entered in the register (whether in an uncancelled or a cancelled entry) except in accordance with this Article.

The register may be kept by means of a computer.

Where any person adopted by his father or mother alone has subsequently become a legitimated person on the marriage of his father and mother, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke that order.

Where any person legitimated by virtue of section 1 of the Legitimacy Act (Northern Ireland) 1961F110 had been adopted by his father and mother before 1st September 1961, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke that order.

In relation to an adoption order made by a county court, the reference in paragraphs (1) and (2) to the court by which the order was made includes a reference to a court held for the same division.

The High Court may, on an application under this paragraph, by order annul a Convention adoption or a Convention adoption order on the ground that the adoption or order is contrary to public policy.

Except as provided by this Article the validity of a Convention adoption, a Convention adoption order, an overseas adoption or a determination shall not be impugned in proceedings in any court in Northern Ireland.

Any application for an order under Article 55A or a decision under paragraph (2)(b) of that Article shall be made in the prescribed manner and within such period, if any, as may be prescribed.

No application shall be made under Article 55A(1) unless immediately before the application is made the person adopted or the adopter habitually resides in Northern Ireland or, as the case may be, both adopters habitually reside there.

In deciding in pursuance of Article 55A whether such an authority as is mentioned in Article 58ZB was competent to entertain a particular case, the court shall be bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to entertain the case.

In Article 55A “determination” means such a determination as is mentioned in Article 58ZB.

Where on an application made in respect of a child by a person who is not domiciled in Northern Ireland or England and Wales or Scotland an authorised court is satisfied that he intends to adopt the child under the law of or within the country in which the applicant is domiciled, the court may, subject to the provisions of this Article, make an order giving him parental responsibility for the child.

The provisions of Part III relating to adoption orders, except Articles 12(1),F114 14(4), 15(2), 17 to 21 and 26, shall apply in relation to an order under this Article as they apply in relation to adoption orders subject to the modification that in Article 13(1) for “19” and “13” there are substituted “ 32 ” and “ 26 ” respectively.

Articles 50, 51(1), 53(1) and 54 shall apply in relation to an order under this Article, except that any entry in the Register of Births or in the Adopted Children Register which is required to be marked in consequence of the making of an order under this Article shall, in lieu of being marked with the word “Adopted” or “Re-adopted” be marked with the words “ Proposed foreign adoption ” or “ Proposed foreign re-adoption ”, as the case may require.

Except under the authority of an order under Article 57F115, section 55 of the Adoption Act 1976 or section 49 of the Adoption (Scotland) Act 1978 it shall not be lawful for any person to take or send a child who is a British subject or a citizen of the Republic of Ireland out of Northern Ireland to any place outside the British Islands with a view to the adoption of the child by any person not being a parent or guardian or relative of the child; and any person who takes or sends a child out of Northern Ireland to any place in contravention of this paragraph, or makes or takes part in any arrangements forF115 placing a child with any person for that purpose, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

In any proceedings under this Article, a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer shall, upon proof that the officer or the deponent cannot be found in the United Kingom, be admissible as evidence of the matters stated therein, and it shall not be necessary to prove the signature or official character of the person who appears to have signed any such report or deposition.

In this Article “the British Islands” means the United Kingdom, the Channel Islands and the Isle of Man.

Paragraph (1) does not apply where the child is brought into the United Kingdom for the purpose of adoption by a parent, guardian or relative.

A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

Proceedings for an offence under this Article may be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the prosecution to warrant the proceedings came to its knowledge; but no such proceedings shall be brought by virtue of this paragraph more than 3 years after the commission of the offence.

In this Article “the British Islands” means the United Kingdom, the Channel Islands and the Isle of Man.

Paragraphs (2) to (4) of Article 12 shall apply in relation to an order freeing a child for adoption (other than an order under Article 17(1) or 18 (1)) as if it were an adoption order; and, on the revocation in England and Wales or Scotland of an order freeing a child for adoption, paragraphs (3) and (3A) of Article 20 shall apply as if the order had been revoked under that Article.

Articles 12(3) and (4) and 49 shall apply in relation to a child who is the subject to an order which is similar to an order under Article 57 and is made in any part of Great Britain or the Channel Islands or in the Isle of Man, as they apply in relation to a child who is the subject of an adoption order.

Subject to the provisions of this ArticleF119 and Article 59A it shall not be lawful for any person to make or give any payment or reward whatsoever in consideration of or in connection with the adoption of any child.

Any person who makes or gives, or agrees or offers to make or give, any payment or reward prohibited by this Article, or who receives or agrees to receive or attempts to obtain any such payment or reward, shall be guilty of an offence and ahall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both;F119. . .

The Department may make regulations for the purpose of enabling adoption agencies to pay allowances to persons who have adopted, or intend to adopt, children in pursuance of arrangements made by the agencies.

Article 59(1) shall not apply to any payment made by an adoption agency in accordance with the regulations.

Any scheme approved under Article 59(4) shall be revoked as from the commencement of this Article.

Paragraph (5) shall not apply where any person to whom any payments may lawfully be made by virtue of paragraph (5) agrees to receive (instead of such payments) payments complying with regulations made under this Article.

Any person who causes to be published or knowingly publishes an advertisement in contravention of the provisions of this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Any agreement or consent which is required by this Order to be given to the making of an order or application for an order may be given in writing, and, if the document signifying the agreement or consent is witnessed in accordance with adoption rules, it shall be admissible in evidence without further proof of the signature of the person by whom it was executed.

A document signifying such agreement or consent which purports to be witnessed in accordance with adoption rules shall be presumed to be so witnessed, and to have been executed and witnessed on the date and at the place specified in the document, unless the contrary is proved.

Any document which under section 50(2) of the Adoption Act 1976F121 or section 45(2) of the Adoption (Scotland) Act 1978F147 or any corresponding provision of any other Act is receivable as evidence of any matter in any part of Great Britain shall also be so receivable in Northern Ireland.

An adoption, other than one to which paragraph (1) or (2) relates, may be proved by the production of any document which is receivable as evidence of the adoption in the country under whose law the adoption was made.

F122. . . where any application is made under this Order to a county court, the High Court may, at the instance of any party to the application, order the application to be removed to the High Court and there proceeded with on such terms as to costs as it thinks proper.

F122. . . where an application is made under this Order to a county court and the court considers that the matter is one which would more conveniently be dealt with by the High Court, the county court shall refuse to make an order, and in that case no appeal shall lie under paragraph (3).

Subject toF122 paragraph (2) and without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order 1980F123 any person aggrieved with a decision of a county court on an application made to it under this Order may appeal from that decision as if the decision had been made in exercise of the jurisdiction conferred by Part III of the County Courts (Northern Ireland) Order 1980 and the appeal were brought under Article 60 of that Order.

For the purpose of any application for an adoption order or an order freeing a child for adoption or an order under Article 20 or 57, an authorised court shall appoint a guardian ad litem for the child concerned.

The Department may by regulations provide for the establishment of panels of persons from whom guardians ad litem appointed under Article 66 must be selected.

Adoption rules may make provision as to the assistance which any guardian ad litem may be required by the court to give to it.

The Department may, with the approval of the Department of Finance and Personnel, make such grants as the Department considers appropriate with respect to expenditure incurred under regulations made under this Article.

In the case of an application under Article 57, rules shall require every parent and guardian of the child who can be found to be notified as aforesaid.

The Department may pay to an inspector who is not an officer of the Department such sum by way of salary or fees and such sum for expenses as it may determine with the approval of the Department of Finance and Personnel.

The transitional and saving provisions contained in Schedule 3 shall have effect.