The Adoption (Northern Ireland) Order 1987

Disclosure of records N.I.

Disclosure of birth records of adopted children N.I.

54.—(1) Subject to [F1 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.

(2) 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 married[F2 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 and[F2 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 1984F3 [F2 or Schedule 12 to the Civil Partnership Act 2004].

[F1 (3) Before supplying any information to an applicant under paragraph (1), the Registrar General shall inform the applicant that counselling services are available to him—

(a) if he is in Northern Ireland—

(i) from the F4 ... [F5 HSC trust] in whose area he is living;

(ii) where the adoption order relating to him was made in Northern Ireland, from the F4 ... [F5 HSC trust] in whose area the court which made the order sat; or

(iii) from any other F4 ... [F5 HSC trust];

(b) if he is in England and Wales—

(i) at the General Register Office;

(ii) from the local authority in whose area he is living;

(iii) where the adoption order relating to him was made in England and Wales, from the local authority in whose area the court which made the order sat; or

(iv) from any other local authority;

(c) if he is in Scotland—

(i) from the regional or islands council in whose area he is living;

(ii) where the adoption order relating to him was made in Scotland, from the council in whose area the court which made the order sat; or

(iii) from any other regional or islands council;

(d) if he is in the United Kingdom and his adoption was arranged by an adoption society—

(i) [F6 being an appropriate voluntary organisation]; or

(ii) approved under section 3 of the Adoption Act 1976; F7 . . .

(iii) F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

from that society.

[F8 (e) if he is in the United Kingdom and his adoption was arranged by a registered adoption service provided as mentioned in paragraph 8(1) of schedule 12 to the Public Services Reform (Scotland) Act 2010 and registered under Part 5 of that Act.]

(4) Where an adopted person who is in Northern Ireland—

(a) applies for information under—

(i) paragraph (1), or

(ii) section 51 of the Adoption Act 1976, or

(b) is supplied with information under [F9 section 55(4)(b) of the Adoption and Children (Scotland) Act 2007],

it shall be the duty of any body mentioned in paragraph (5) to provide counselling for him if asked by him to do so.

(5) The bodies are—

(a) any F10 ... [F5 HSC trust]; and

(b) any adoption society falling within paragraph (3)(d) in so far as it is acting as an adoption society in Northern Ireland.

(6) 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).

(7) Where a person—

(a) was adopted before 18th December 1987, and

(b) applies for information under paragraph (1),

the Registrar General shall not supply the information to him unless he has attended an interview with a counsellor arranged by a body from whom counselling services are available as mentioned in paragraph (3).

(8) Where the Registrar General is prevented by paragraph (7) from supplying information to a person who is not living in the United Kingdom, he may supply the information to any body which—

(a) the Registrar General is satisfied is suitable to provide counselling to that person, and

(b) has notified the Registrar General that it is prepared to provide such counselling.]

F1 1995 NI 2

F2 2004 c.33

F3 1984 NI 14

F4 Words in art. 54(3) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 118; S.R. 2022/102, art. 2(b)

F5 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F6 Words in art. 54(3)(d)(i) substituted (29.10.2010) by Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), arts. 1(3), 50(1), Sch. 4; S.R. 2010/288, art. 3, Sch. 1

F7 Art. 54(3)(d)(iii) and preceding word repealed (15.7.2011) by Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), arts. 1(2), 2, Sch. 1 Pt. 3

F8 Art. 54(3)(e) inserted (15.7.2011) by Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), arts. 1(2), 2, Sch. 1 para. 11(6)(a)

F9 Words in art. 54(4)(b) substituted (15.7.2011) by Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), arts. 1(2), 2, Sch. 1 para. 11(6)(b)

F10 Words in art. 54(5) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 118; S.R. 2022/102, art. 2(b)

Modifications etc. (not altering text)

C1 Art. 54(1)(2) applied (with modifications) (6.4.2010) by Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 3, Sch. 2

C2 Art. 54(4)(5) applied (with modifications) (6.4.2010) by Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 3, Sch. 2

[F11 Adoption Contact Register N.I.

54A.— (1) The Registrar General shall maintain at the General Register Office a register to be called the Adoption Contact Register.

(2) The register shall be in two parts—

(a) Part I: Adopted Persons; and

(b) Part II; Relatives.

(3) 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.

(4) The conditions are that—

(a) a record of the adopted person's birth is kept by the Registrar General; and

(b) the adopted person has attained the age of 18 years and—

(i) has been supplied by the Registrar General with information under Article 54; or

(ii) has satisfied the Registrar General that he has such information as is necessary to enable him to obtain a certified copy of the record of his birth.

(5) 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.

(6) The conditions are—

(a) that a record of the adopted person's birth is kept by the Registrar General; and

(b) that the person giving notice under paragraph (5) has attained the age of 18 years and has satisfied the Registrar General that—

(i) he is a relative of the adopted person; and

(ii) he has such information as is necessary to enable him to obtain a certified copy of the record of the adopted person's birth.

(7) 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.

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

(9) 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.

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

(11) 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.

(12) The register may be kept by means of a computer.

(13) In this Article—

(a) “relative” means any person (other than an adoptive relative) who is related to the adopted person by blood (including half‐blood)[F12 , marriage or civil partnership]; and

(b) “address” includes any address at or through which the person concerned may be contacted.]

F11 1995 NI 2

F12 2004 c.33