Article 18 Freeing child for adoption without parental agreement

Northern Ireland

(1)

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.

(2)

No application shall be made under paragraph (1) unless—

(a)

the child is in the care of the adoption agency; and

(b)

the child is already placed for adoption or the court is satisfied that it is likely that the child will be placed for adoption.

F1(2A)

For the purposes of paragraph (2) a child is in the care of an adoption agency if the adoption agency is F2an F3HSC trust and he is in its care.

(3)

Paragraphs (3), 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).

Annotations

Textual amendments

F1: 1995 NI 2
F2: Word in art. 18(2A) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 108; S.R. 2022/102, art. 2(b)
F3: 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