OpenLegislation

Adoption and Children Act (Northern Ireland) 2022

2022 nia 18 · Enacted 27 April 2022 · Extends to Northern Ireland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 November 2024.

See the changes not yet applied
ProvisionChangeMade by
Actapplied (with modifications) by S.I. 2018/412, Sch. 3 (as substituted)Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 83
Sch. 4 para. 1repealedAdoption and Children Act (Northern Ireland) 2022 Sch. 5

An Act to restate and amend the law relating to adoption; to make further amendments of the law relating to children; and for connected purposes.

[27th April 2022]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Contents

  1. Part 1: Adoption Not yet in force
  2. Chapter 1: Introductory Not yet in force
  3. 1Considerations applying to the exercise of powers Not yet in force
  4. Chapter 2: The Adoption Service Not yet in force
  5. The Adoption Service Not yet in force
  6. 2Basic definitions Not yet in force
  7. 3Adoption authority Not yet in force
  8. 4The Adoption Service Not yet in force
  9. 5Assessments etc. for adoption support services Not yet in force
  10. 6Adoption support services: duty to provide information Not yet in force
  11. 7Arrangements on cancellation of registration Not yet in force
  12. 8Inactive or defunct adoption societies, etc. Not yet in force
  13. Regulations Not yet in force
  14. 9General power to regulate adoption agencies Not yet in force
  15. 10Management, etc., of agencies Not yet in force
  16. 11Fees Not yet in force
  17. 12Independent review of qualifying determinations of adoption agencies Not yet in force
  18. Supplemental Not yet in force
  19. 13Information concerning adoption Not yet in force
  20. 14Inspection of premises, etc. Not yet in force
  21. Chapter 3: Placement for adoption and adoption orders Not yet in force
  22. Placement of children by adoption agency for adoption Not yet in force
  23. 15Placement for adoption by agencies Not yet in force
  24. 16Placing children with parental consent Not yet in force
  25. 17Advance consent to adoption Not yet in force
  26. 18Placement orders Not yet in force
  27. 19Applications for placement orders Not yet in force
  28. 20Varying placement orders Not yet in force
  29. 21Revoking placement orders Not yet in force
  30. 22Parental responsibility Not yet in force
  31. 23Contact Not yet in force
  32. 24Contact: supplementary Not yet in force
  33. 25Further consequences of placement Not yet in force
  34. 26Further consequences of placement orders Not yet in force
  35. Removal of children who are or may be placed by adoption agencies Not yet in force
  36. 27General prohibitions on removal Not yet in force
  37. 28Recovery by parent etc. where child not placed or is a baby Not yet in force
  38. 29Recovery by parent etc. where child placed and consent withdrawn Not yet in force
  39. 30Recovery by parent etc. where child placed and placement order refused Not yet in force
  40. 31Placement orders: prohibition on removal Not yet in force
  41. 32Return of child in other cases Not yet in force
  42. Removal of children in non-agency cases Not yet in force
  43. 33Restrictions on removal Not yet in force
  44. 34Applications for adoption Not yet in force
  45. 35Authority foster parents Not yet in force
  46. 36Partners of parents Not yet in force
  47. 37Other non-agency cases Not yet in force
  48. Breach of restrictions on removal Not yet in force
  49. 38Recovery orders Not yet in force
  50. Preliminaries to adoption Not yet in force
  51. 39Child to live with adopters before application Not yet in force
  52. 40Reports where child placed by agency Not yet in force
  53. 41Notice of intention to adopt Not yet in force
  54. 42Suitability of adopters Not yet in force
  55. The making of adoption orders Not yet in force
  56. 43Adoption orders Not yet in force
  57. 44Conditions for making adoption orders Not yet in force
  58. 45Restrictions on making adoption orders Not yet in force
  59. 46Applications for adoption Not yet in force
  60. 47Adoption by couple Not yet in force
  61. 48Adoption by one person Not yet in force
  62. Post-adoption contact Not yet in force
  63. 49Post-adoption contact Not yet in force
  64. 50Orders under section 49: supplementary Not yet in force
  65. Placement and adoption: general Not yet in force
  66. 51Parental etc. consent Not yet in force
  67. 52Modification of Children Order in relation to adoption Not yet in force
  68. 53Disclosing information to prospective adopters Not yet in force
  69. 54Revocation of adoptions on legitimation Not yet in force
  70. Disclosure of information about a person’s adoption Not yet in force
  71. 55Information to be kept about a person’s adoption Not yet in force
  72. 56Restrictions on disclosure of protected etc. information Not yet in force
  73. 57Disclosure of other information Not yet in force
  74. 58Offence Not yet in force
  75. 59Disclosing information to adopted adult Not yet in force
  76. 60Disclosing protected information about adults Not yet in force
  77. 61Disclosing protected information about children Not yet in force
  78. 62Counselling Not yet in force
  79. 63Other provision to be made by regulations Not yet in force
  80. 64Sections 55 to 64: interpretation Not yet in force
  81. Chapter 4: Status of adopted children Not yet in force
  82. 65Meaning of adoption in Chapter 4 Not yet in force
  83. 66Status conferred by adoption Not yet in force
  84. 67Adoptive relatives Not yet in force
  85. 68Rules of interpretation for instruments concerning property Not yet in force
  86. 69Dispositions depending on date of birth Not yet in force
  87. 70Property devolving with peerages etc. Not yet in force
  88. 71Protection of trustees and personal representatives Not yet in force
  89. 72Meaning of disposition Not yet in force
  90. 73Miscellaneous Not yet in force
  91. 74Pensions Not yet in force
  92. 75Insurance Not yet in force
  93. Chapter 5: Registers Not yet in force
  94. Adopted Children Register, etc. Not yet in force
  95. 76Adopted Children Register Not yet in force
  96. 77Searches and copies Not yet in force
  97. 78Connections between the register and birth records Not yet in force
  98. Adoption Contact Register Not yet in force
  99. 79Adoption Contact Register Not yet in force
  100. 80Adoption Contact Register: supplementary Not yet in force
  101. 81Interpretation Not yet in force
  102. Chapter 6: Adoptions with a foreign element Not yet in force
  103. Bringing children into and out of the United Kingdom Not yet in force
  104. 82Restriction on bringing children in Not yet in force
  105. 83Giving parental responsibility prior to adoption abroad Not yet in force
  106. 84Restriction on taking children out Not yet in force
  107. 85Power to modify sections 82 and 84 Not yet in force
  108. Adoptions from abroad: special restrictions Not yet in force
  109. 86Declaration of special restrictions on adoptions from abroad Not yet in force
  110. 87Review Not yet in force
  111. 88The special restrictions Not yet in force
  112. 89Imposition of extra conditions in certain cases Not yet in force
  113. Overseas adoptions Not yet in force
  114. 90Overseas adoptions Not yet in force
  115. Miscellaneous Not yet in force
  116. 91Modification of section 66 for Hague Convention adoptions Not yet in force
  117. 92Annulment etc. of overseas or Hague Convention adoptions Not yet in force
  118. 93Section 92: supplementary Not yet in force
  119. 94Overseas determinations and orders Not yet in force
  120. 95Power to charge Not yet in force
  121. Chapter 7: Miscellaneous Not yet in force
  122. Restrictions Not yet in force
  123. 96Restriction on arranging adoptions etc. Not yet in force
  124. 97Offence of breaching restrictions under section 96 Not yet in force
  125. 98Restriction on reports Not yet in force
  126. 99Prohibition of certain payments Not yet in force
  127. 100Excepted payments Not yet in force
  128. 101Sections 96 to 100: interpretation Not yet in force
  129. Information Not yet in force
  130. 102Pre-commencement adoptions: information Not yet in force
  131. Proceedings Not yet in force
  132. 103Proceedings for offences Not yet in force
  133. 104Appeals Not yet in force
  134. 105Privacy Not yet in force
  135. Children’s court guardians Not yet in force
  136. 106Children’s court guardians Not yet in force
  137. 107Right of access to adoption agency records Not yet in force
  138. Evidence Not yet in force
  139. 108Evidence of consent Not yet in force
  140. Orders made in Great Britain, etc. Not yet in force
  141. 109Effect of certain Scottish orders and provisions Not yet in force
  142. 110Effect of certain orders made in England and Wales Not yet in force
  143. 111Use of adoption records from Great Britain, etc. Not yet in force
  144. 112Channel Islands and the Isle of Man Not yet in force
  145. General Not yet in force
  146. 113Avoiding delay Not yet in force
  147. 114Service of notices etc. Not yet in force
  148. 115Jurisdiction of courts Not yet in force
  149. Part 2: Children order amendments
  150. 116Definition of family proceedings
  151. 117Article 8 orders: authority foster parents Not yet in force
  152. 118Duration of residence orders
  153. 119Special guardianship Not yet in force
  154. 120Ascertainment of children’s wishes
  155. 121Provision of services to children in need, etc. Not yet in force
  156. 122Duty of authorities to promote etc. achievement, learning and development, and to prevent disruption to education or training Not yet in force
  157. 123Corporate parenting principles Not yet in force
  158. 124Placement of looked after children with prospective adopters Not yet in force
  159. 125Accommodation for children: requirements Not yet in force
  160. 126Authority foster parents Not yet in force
  161. 127Duty to ensure visits to and advice etc. for children Not yet in force
  162. 128Former relevant children: continuing functions Not yet in force
  163. 129Local offer for care leavers Not yet in force
  164. 130Inquiries into representations Not yet in force
  165. 131Review of cases of looked after children Not yet in force
  166. 132Independent advocacy services Not yet in force
  167. 133Definition of harm
  168. 134Care plans Not yet in force
  169. 135Contact: children in care of authority Not yet in force
  170. 136Persons authorised to act as children’s court guardian Not yet in force
  171. 137Renaming of guardians ad litem
  172. 138Interests of children in proceedings Not yet in force
  173. 139Definition of privately fostered child Not yet in force
  174. 140Welfare of children who will be privately fostered Not yet in force
  175. 141Notification of fostering: public awareness Not yet in force
  176. 142Privacy for children in proceedings Not yet in force
  177. 143Report on the operation of the Children Order
  178. Part 3: Miscellaneous and supplementary
  179. Northern Ireland Adoption and Children Act Register Not yet in force
  180. 144Northern Ireland Adoption and Children Act Register Not yet in force
  181. 145Use of an organisation to establish the register Not yet in force
  182. 146Use of an organisation as an agency for payments Not yet in force
  183. 147Supply of information for the register Not yet in force
  184. 148Disclosure of information Not yet in force
  185. 149Search and inspection of the register by prospective adopters Not yet in force
  186. 150Search and inspection of the register by adoption agencies Not yet in force
  187. 151Supplementary Not yet in force
  188. Supplementary
  189. 152Time limit within which proceedings may be brought Not yet in force
  190. 153Research and investigations Not yet in force
  191. 154Amendments, transitional and transitory provisions, savings and repeals Not yet in force
  192. 155Regulations and orders
  193. 156Rules of court Not yet in force
  194. 157Supplementary and consequential provision
  195. 158Review
  196. 159Interpretation
  197. 160Commencement
  198. 161Short title
  199. Schedule 1: Registration of adoptions Not yet in force
  200. Registration of adoption orders Not yet in force
  201. 1Paragraph 1 Not yet in force
  202. Registration of adoptions in Great Britain, the Isle of Man and the Channel Islands Not yet in force
  203. 2Paragraph 2 Not yet in force
  204. Registration of other adoptions Not yet in force
  205. 3Paragraph 3 Not yet in force
  206. Amendment of orders and rectification of Registers and other records Not yet in force
  207. 4Paragraph 4 Not yet in force
  208. Marking of entries on re-registration of birth on legitimation Not yet in force
  209. 5Paragraph 5 Not yet in force
  210. Cancellations in registers on legitimation Not yet in force
  211. 6Paragraph 6 Not yet in force
  212. Schedule 2: Disclosure of birth records by Registrar General Not yet in force
  213. 1Paragraph 1 Not yet in force
  214. 2Paragraph 2 Not yet in force
  215. 3Paragraph 3 Not yet in force
  216. Schedule 3: Minor and consequential amendments
  217. Part 1: Amendments of primary legislation
  218. The Legitimacy Act (Northern Ireland) 1928 Not yet in force
  219. 1Paragraph 1 Not yet in force
  220. The Births and Deaths Registration (Northern Ireland) Order 1976 Not yet in force
  221. 2Paragraph 2 Not yet in force
  222. The Child Abduction and Custody Act 1985 Not yet in force
  223. 3Paragraph 3 Not yet in force
  224. The Child Abduction (Northern Ireland) Order 1985 Not yet in force
  225. 4Paragraph 4 Not yet in force
  226. 5Paragraph 5 Not yet in force
  227. The Mental Health (Northern Ireland) Order 1986 Not yet in force
  228. 6Paragraph 6 Not yet in force
  229. The Family Law Act 1986 Not yet in force
  230. 7Paragraph 7 Not yet in force
  231. 8Paragraph 8 Not yet in force
  232. The Adoption (Northern Ireland) Order 1987 Not yet in force
  233. 9Paragraph 9 Not yet in force
  234. The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 Not yet in force
  235. 10Paragraph 10 Not yet in force
  236. The Armed Forces Act 1991 Not yet in force
  237. 11Paragraph 11 Not yet in force
  238. 12Paragraph 12 Not yet in force
  239. 13Paragraph 13 Not yet in force
  240. 14Paragraph 14 Not yet in force
  241. The Health and Personal Social Services (Northern Ireland) Order 1991 Not yet in force
  242. 15Paragraph 15 Not yet in force
  243. The Child Support (Northern Ireland) Order 1991 Not yet in force
  244. 16Paragraph 16 Not yet in force
  245. 17Paragraph 17 Not yet in force
  246. The Social Security Contributions and Benefits (Northern Ireland) Act 1992 Not yet in force
  247. 18Paragraph 18 Not yet in force
  248. 19Paragraph 19 Not yet in force
  249. 20Paragraph 20 Not yet in force
  250. 21Paragraph 21 Not yet in force
  251. The Children (Northern Ireland) Order 1995 Not yet in force
  252. 22Paragraph 22 Not yet in force
  253. 23Paragraph 23 Not yet in force
  254. 24Paragraph 24 Not yet in force
  255. 25Paragraph 25 Not yet in force
  256. 26Paragraph 26 Not yet in force
  257. 27Paragraph 27 Not yet in force
  258. 28Paragraph 28 Not yet in force
  259. 29Paragraph 29 Not yet in force
  260. 30Paragraph 30 Not yet in force
  261. 31Paragraph 31 Not yet in force
  262. 32Paragraph 32 Not yet in force
  263. 33Paragraph 33 Not yet in force
  264. 34Paragraph 34 Not yet in force
  265. 35Paragraph 35 Not yet in force
  266. 36Paragraph 36 Not yet in force
  267. 37Paragraph 37 Not yet in force
  268. 38Paragraph 38 Not yet in force
  269. 39Paragraph 39 Not yet in force
  270. 40Paragraph 40 Not yet in force
  271. 41Paragraph 41 Not yet in force
  272. 42Paragraph 42 Not yet in force
  273. 43Paragraph 43 Not yet in force
  274. 44Paragraph 44 Not yet in force
  275. The Children (Scotland) Act 1995
  276. 45Paragraph 45
  277. The Employment Rights (Northern Ireland) Order 1996 Not yet in force
  278. 46Paragraph 46 Not yet in force
  279. 47Paragraph 47 Not yet in force
  280. 48Paragraph 48 Not yet in force
  281. 49Paragraph 49 Not yet in force
  282. 50Paragraph 50 Not yet in force
  283. The Police Act 1997 Not yet in force
  284. 51Paragraph 51 Not yet in force
  285. The Family Homes and Domestic Violence (Northern Ireland) Order 1998 Not yet in force
  286. 52Paragraph 52 Not yet in force
  287. 53Paragraph 53 Not yet in force
  288. The Justice (Northern Ireland) Act 2002
  289. 54Paragraph 54
  290. 55Paragraph 55
  291. The Adoption and Children Act 2002 Not yet in force
  292. 56Paragraph 56 Not yet in force
  293. 57Paragraph 57 Not yet in force
  294. 58Paragraph 58 Not yet in force
  295. 59Paragraph 59 Not yet in force
  296. The Marriage (Northern Ireland) Order 2003 Not yet in force
  297. 60Paragraph 60 Not yet in force
  298. The Health and Personal Social Services (Quality, Improvement and Regulation)(Northern Ireland) Order 2003 Not yet in force
  299. 61Paragraph 61 Not yet in force
  300. 62Paragraph 62 Not yet in force
  301. 63Paragraph 63 Not yet in force
  302. 64Paragraph 64 Not yet in force
  303. 65Paragraph 65 Not yet in force
  304. The Access to Justice (Northern Ireland) Order 2003 Not yet in force
  305. 66Paragraph 66 Not yet in force
  306. 67Paragraph 67 Not yet in force
  307. The Commissioner for Children and Young People (Northern Ireland) Order 2003 Not yet in force
  308. 68Paragraph 68 Not yet in force
  309. The Children and Adoption Act 2006 Not yet in force
  310. 69Paragraph 69 Not yet in force
  311. 70Paragraph 70 Not yet in force
  312. The Sexual Offences (Northern Ireland) Order 2008 Not yet in force
  313. 71Paragraph 71 Not yet in force
  314. 72Paragraph 72 Not yet in force
  315. 73Paragraph 73 Not yet in force
  316. 74Paragraph 74 Not yet in force
  317. The Human Fertilisation and Embryology Act 2008 Not yet in force
  318. 75Paragraph 75 Not yet in force
  319. The Children’s Services Co-operation Act (Northern Ireland) 2015 Not yet in force
  320. 76Paragraph 76 Not yet in force
  321. The Mental Capacity Act (Northern Ireland) 2016 Not yet in force
  322. 77Paragraph 77 Not yet in force
  323. The Data Protection Act 2018 Not yet in force
  324. 78Paragraph 78 Not yet in force
  325. 79Paragraph 79 Not yet in force
  326. The Health and Social Care Act (Northern Ireland) 2022 Not yet in force
  327. 80Paragraph 80 Not yet in force
  328. Part 2: Amendments of subordinate legislation Not yet in force
  329. The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 Not yet in force
  330. 81Paragraph 81 Not yet in force
  331. 82Paragraph 82 Not yet in force
  332. 84Paragraph 84 Not yet in force
  333. Schedule 4: Transitional and transitory provisions and savings Not yet in force
  334. Adoption support services Not yet in force
  335. 1Paragraph 1 Not yet in force
  336. Pending applications for freeing orders Not yet in force
  337. 2Paragraph 2 Not yet in force
  338. Freeing orders Not yet in force
  339. 3Paragraph 3 Not yet in force
  340. Pending applications for adoption orders Not yet in force
  341. 4Paragraph 4 Not yet in force
  342. Pending applications for parental orders Not yet in force
  343. 5Paragraph 5 Not yet in force
  344. Advertising Not yet in force
  345. 6Paragraph 6 Not yet in force
  346. Registration of adoptions Not yet in force
  347. 7Paragraph 7 Not yet in force
  348. The Adoption (Hague Convention) Act (Northern Ireland) 1969 Not yet in force
  349. 8Paragraph 8 Not yet in force
  350. The Child Abduction (Northern Ireland) Order 1985 Not yet in force
  351. 9Paragraph 9 Not yet in force
  352. Schedule 5Repeals Not yet in force