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Article 12 Adoption ordersF1

F2C1(1)

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.

(2)

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

(3)

The making of an adoption order operates to extinguish—

(a)

the parental responsibility which any person has for the child immediately before the making of the order;

(b)

any order of a court under the Children (Northern Ireland) Order 1995;

(c)

any duty arising by virtue of an agreement or the order of a court to make payments, so far as the payments are in respect of the child's maintenance or upbringing for any period after the making of the order.

(4)

ParagraphF3 (3)(c) does not apply to a duty arising by virtue of an agreement—

(a)

which constitutes a trust, or

(b)

which expressly provides that the duty is not to be extinguished by the making of an adoption order.

(5)

An adoption order may not be made in relation to a child who is or has been marriedF4 or who is or has been a civil partner.

(6)

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

(7)

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

Annotations

Textual amendments

F1

mod. by SR 2003/16

F2

1995 NI 2

F3

1995 NI 2

F4

2004 c.33

Modifications

C1

Art. 12(1)-(4) applied (with modifications) (6.4.2010) by Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 3, Sch. 2