Article 54 Disclosure of birth records of adopted children

Northern Ireland

C1(1)

Subject toF1 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 marriedF2 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 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 or Schedule 12 to the Civil Partnership Act 2004.

(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... F5HSC trust in whose area he is living;

(ii)

where the adoption order relating to him was made in Northern Ireland, from the ... HSC trust in whose area the court which made the order sat; or

(iii)

from any other ... 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)

F6being an appropriate voluntary organisation; or

(ii)

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

(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

from that society.

(F8e)

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.

C2(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 F9section 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... 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.

Annotations

Textual amendments

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

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

Notes on Part VI

Textual amendments

F1: functions transf. by SR 1993/494