The Parental Orders (Human Fertilisation and Embryology) Regulations 1994

Regulation 3

SCHEDULE 2 APPLICATION OF ADOPTION (NORTHERN IRELAND) ORDER 1987 PROVISIONS WITH MODIFICATIONS TO PARENTAL ORDERS AND APPLICATIONS FOR SUCH ORDERS

Column 1	Column 2
article of the Order having effect	modifications
Interpretation
1.  Article 2 (interpretation)	(i) As if for the definition of “adoption rules” there were substituted the words ““rules” means rules of court, county court rules or rules made under article 12 of the Family Law (Northern Ireland) Order 1993(1);”; (ii) as if for the definition of “authorised court” there were substituted the words: ““authorised court” means— (a) in the case of an application for a parental order— (i) the High Court; (ii) the county court within whose division the child is; (b) in the case of an application under Article 30 as applied with modifications by regulation 3 of and paragraph 2(c) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994— (i) the High Court; (ii) the county court within whose division the applicant lives”. (iii) as if after the definition of “guardian” there were inserted the words ““husband and wife” means, in respect of the provisions of this Order as they have effect in respect of parental orders and applications for such orders, the husband and wife as defined in section 30 of the Human Fertilisation and Embryology Act 1990;”; and (iv) as if after the definition of “order freeing a child for adoption” there were inserted the words ““parental order” means an order under section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors);”.
Applications by gamete donors for a parental order
2.—(a) Article 9 (duty to promote the welfare of the child)	(i) As if for the words “the adoption of a child” there were substituted “the application for a parental order”; (ii) as if for the words “adoption, or adoption by a particular person or persons” there were substituted the words “the granting of such an order to the husband and wife”; and (iii) as if the words “or adoption agency” were omitted.
(b) Article 12(1) to (3) (adoption orders)	(i) As if for the words “an adoption order” on each occasion they appear, there were substituted the words “a parental order”; (ii) as if in article 12(3)(b) for the words “the adoption order” there were substituted the words “the parental order”; and (iii) as if for the words “the adopters” there were substituted the words “the husband and wife”.
(c) Article 25(1) (restrictions on making adoption orders)	(i) As if for the words “an adoption order” there were substituted the words “a parental order”; and (ii) as if for the words “a British adoption order” there were substituted the words “such an order”.
(d) Article 28(1) (restrictions on removal while application is pending)	As if for paragraph (1) of article 28 there were substituted the following paragraph “While an application for a parental order is pending a parent or guardian is not entitled, against the will of the person with whom the child has his home, to remove the child from the actual custody of that person except with the leave of the court”.
(e) Article 30 (return of a child taken away in breach of article 28 or 29)	(i) As if for the words “article 28 or 29” on each occasion they appear there were substituted the words “article 28 as applied with modifications by regulation 3 of and paragraph 2(d) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and (ii) as if after the words “under paragraph (1)” wherever they appear and “under paragraph (3)” in article 30(5) there were inserted the words “as applied with modifications by regulation 3 of and paragraph 2(e) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
Effect of a parental order
3.  Article 40(1)(a), (2), (3)(a), (4) and (6) (status conferred by adoption)	(i) As if for the words “an adopted child” there were substituted on each occasion they appear, the words “a child who is the subject of a parental order”; (ii) as if for the words “adopters” and “adopter” on each occasion they appear, except “adopter” in article 40(2), there were substituted the words “persons who obtain the parental order”; (iii) as if in article 40(1)(a) the words “where the adopters are a married couple,” were omitted and as if for the words in the same paragraph “child of the marriage” there were substituted the words “child of the marriage of the husband and wife”; (iv) as if in article 40(2) the words “subject to paragraph (3),” and “or adopter” were omitted; (v) as if in article 40(3)(a) after the words “does not apply” there were inserted the words “so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law, the child’s mother or father before the order was made”; (vi) as if in article 40(6) for the word “adoption” there were substituted the words “parental order”; and (vii) as if in article 40(6) the words “Subject to the provisions of this Part” and “, or after the commencement of this Part, whichever is the later” were omitted.
Interpretation of certain events consequent upon the making of a parental order
4.—(a) Article 42 (rules of construction for instruments concerning property)	(i) As if in article 42(2) for the words “article 40(1)” there were substituted the words “article 40(1)(a) as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; (ii) as if in article 42(2) for the words “of the adoptive parent or parents” there were substituted the words “in respect of whom the husband and wife have obtained a parental order”; (iii) as if in article 42(2) and (4) for the words “adopted child” there were substituted the words “child the subject of the parental order”; (iv) as if in article 42(2)(b) for the words “adopted” there were substituted the words “in respect of whom parental orders were made”; (v) as if in article 42(4) after the words “article 40(2)” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; (vi) as if in article 42(4) for the word “adoption” there were substituted the words “making of the parental order”; and (vii) as if in article 42(5) for the word “adopt” there were substituted the words “obtain a parental order in respect of ”; and (viii) as if in article 42(5) after the words “article 40” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
(b) Article 44 (property devolving with peerages)	As if for the words “An adoption” on each occasion they appear there were substituted the words “The making of a parental order”.
(c) Article 45 (protection of trustees and personal representatives)	As if in article 45(1) for the word “adoption” there were substituted the words “parental order”.
(d) Article 46 (meaning of “disposition”)	As if for the words “this Part” each time they appear there were substituted the words “the application of articles 40, 42, 44, 45 and 47 as modified by regulation 3 of and paragraphs 3 and 4(a), (b), (c) and (e) respectively of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
(e) Article 47 (miscellaneous enactments)	(i) As if in article 47(1) for the words “article 40 does not apply” there were substituted the words “article 40(2) as modified by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s mother or father before the order was made”; and (ii) as if in article 47(2) for the words “article 40” there were substituted the words “article 40 as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
Registration
5.—(a) Article 50 (Adopted Children Register)	(i) As if for the words “Adopted Children Register” on each occasion they appear there were substituted the words “Parental Order Register”; (ii) as if in article 50(1)(a) for the words “adoption orders” there were substituted the words “parental orders”; (iii) as if in article 50(1)(c) for the words ““Adopted” pursuant to Article 51” there were substituted the words ““Re-registered by the Registrar General” pursuant to Article 51(4) as applied with modifications by regulation 3 of and paragraph 5(b) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; (iv) as if in article 50(2) for the words “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” there were substituted the following words: “The Registrar General shall— (a) cause a search to be made of the index of the Parental Order Register on behalf of any person or permit that person to search that index himself, and (b) issue to any person a certified copy of any entry in the Parental Order Register, in all respects, except as to the entitlement of any person to search that index, upon and subject to the same terms”; (v) as if in article 50(3) after the words “Article 54” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 5(e) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and (vi) as if in article 50(3)(b) for the words “an adoption order” there were substituted the words “a parental order”; and (vii) as if article 50(3)(c) were omitted.
(b) Article 51 (1), (3), (4), (6) and (7) (registration of adoption orders)	(i) As if in article 51(1) for the words “adoption order” there were substituted the words “parental order”; (ii) as if in article 51(1) for the words “Adopted Children Register” there were substituted the words “Parental Order Register”; (iii) as if in article 51(1) after the words “Schedule 2” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 7 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; (iv) as if in article 51(1) the words “(subject to paragraph (2))” were omitted; (v) as if in article 51(3) for the words “Adopted Children Register under the heading in column 2 of Schedule 2” there were substituted the words “Parental Order Register under the heading in column 2 of Schedule 2 as applied with modifications by regulation 3 of and paragraph 7 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; (vi) as if in article 51(3) the word “and” in sub- paragraph (a) were omitted and sub- paragraph (b) were omitted; (vii) as if in article 51(4) for the words from “application for an adoption order” to “time in force)” there were substituted the words “application for a parental order”; (viii) as if in article 51(4) for the words “any adoption order” there were substituted the words “any parental order”; (ix) as if in article 51(4) for the words “marked with the word “Adopted” ” there were substituted the words “marked with the words “Re-registered by the Registrar General” ”; (x) as if in article 51(6) for the words “an adoption order shall cause the adoption order” there were substituted the words “a parental order shall cause the order”; (xi) as if in article 51(7) for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”; and (xii) as if in article 51(7) the words “or the country in which the child was previously adopted” and the words from “or the Adopted Children Register” to “the case may be,” were omitted.
(c) Article 52 (1) to (4) and (6) (amendment registers)	(i) As if for the words “Adopted Children of orders and rectification of Register” on each occasion they appear, except in article 52(6), there were substituted the words “Parental Order Register”; (ii) as if for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”; (iii) as if in article 52(1) for the words “adopter or of the adopted person” on each occasion they appear, namely in the general words of paragraph (1) and in sub-paragraph (a), there were substituted the words “husband or wife or of the person who is the subject of the parental order”; (iv) as if in article 52(1)(a) for the words “given to the adopted person” there were substituted the words “given to that child” and the words “, or taken by him,” were omitted; (v) as if in article 52(1)(b) for the words “Article 51(4) or (5)” there were substituted the words “Article 51(4) as applied with modifications by regulation 3 of and paragraph 5(b) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; (vi) as if in article 52(4) after the words “Article 50(2)” there were inserted the words “ as applied with modifications by regulation 3 of and paragraph 5(a) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; (vii) as if in article 52(6) after the words “Article 51(7)” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 5(b) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and (viii) as if in article 52(6) the words “or an Adopted Children Register or any corresponding register of adoptions” were omitted.
(d) Article 53(1) and (2) (registration of adoptions)	(i) As if in article 53(1) for the words “register of adoptions made outside Northern Ireland” there were substituted the words “register of parental orders”; (ii) as if in article 53(1) for the words “an order has been made in that country authorising the adoption of a child” there were substituted the words “a parental order has been made in that country in respect of a child”; (iii) as if in article 53(1) the words “or the Adopted Children Register” were omitted; (iv) as if in article 53(1) for the words ““Adopted” or “Re-adopted”, as the case may require” there were substituted the word ““Re-registered” ”; (v) as if in article 53(2) for the words “so marked” there were substituted the words “marked in accordance with paragraph (1)”; and (vi) as if in article 53(2) for the words “, that an appeal against the order has been allowed or that the order has been revoked” there were substituted the words “or that an appeal against the order has been allowed”.
(e) Article 54(1), (2), (4) and (5) (disclosure of birth records of adopted children)	(i) As if in article 54(1) for the words “Subject to paragraphs (4) and (6)” there were substituted the words “Subject to paragraph (4)”; (ii) as if in article 54(1) for the words “an adopted person” there were substituted the words “a person who is the subject of a parental order”; (iii) as if in article 54(2) for the words “an adopted person under the age of 18 years” there were substituted the words “a person who is the subject of a parental order and who is under the age of 18 years”; (iv) as if in article 54(4)(b) for the words “adoption order” there were substituted the words “parental order” and the word “or” at the end of that sub-paragraph were omitted; (v) as if article 54(4)(c) were omitted; and (vi) as if in article 54(5) the words “or society” were omitted.
Procedure
6.—(a) Article 62(1) (evidence of agreement and consent)	(i) As if for the words “this Order” there were substituted the words “section 30 of the Human Fertilisation and Embryology Act 1990”; (ii) as if the word “adoption” on each occasion it appears were omitted; and (iii) as if for the words “and, if the document signifying the agreement or consent is witnessed in accordance with adoption rules, it” there were substituted the words “and any such written consent”.
(b) Article 63(1) and (2) (evidence of adoptions, etc.)	(i) As if in article 63(1) for the words “Adopted Children Register” there were substituted the words “Parental Order Register”; (ii) as if in article 63(1)(a) for the word “adoption” there were substituted the words “parental order”; (iii) as if in article 63(1)(b) for the words “adopted person” there were substituted the words “person who is the subject of the parental order”; and (iv) as if in article 63(2) for the words “section 50(2) of the Adoption Act 1976 or section 45(2) of the Adoption (Scotland) Act 1978” there were substituted the words “section 50(2) of the Adoption Act 1976 as applied with modifications by regulation 2 of and paragraph 4(a) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994, or section 45(2) of the Adoption (Scotland) Act 1978 as applied with modifications by regulation 2 of and paragraph 10 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994”.
(c) Article 64(3) (removal of proceedings and appeals)	As if for the words from “Subject to paragraphs (2) and (4)” to the words “under this Order” there were substituted the words “Without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order 1980 any person aggrieved with a decision of a county court on an application made to it for a parental order or on an application made to it under Article 30 as applied with modifications by regulation 3 of and paragraph 2(c) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
(d) Article 65 (proceedings to be in private)	As if for the words “under Part III, article 30 and article 57” there were substituted the words “pursuant to section 30 of the Human Fertilisation and Embryology Act 1990”.
(e) Article 66 (guardians ad litem)	(i) As if for the words “an adoption order or an order freeing a child for adoption or an order under article 20 or 57, adoption” there were substituted the words “a parental order”; and (ii) as if in article 66(2) the word “adoption” were omitted.
7.  Schedule 2 (Form of Entry in Adopted Children Register)	(i) As if for the words “adopted Children Register” in the heading there were substituted the words “Parental Order Register”; (ii) as if for the words “adopter or adopters” in column 5 there were substituted the words “persons who obtained the parental order”; and (iii) as if for the words “adoption order” in column 6 there were substituted the words “parental order”.

(1)

S.I. 1993 No. 1576 (N.I. 6).