ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 3 Care and possession of infants before adoption, and notification of the Ministry of Home Affairs.

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ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 3

Care and possession of infants before adoption, and notification of the Ministry of Home Affairs.

3.(1) Subject to the provisions of this section, an adoption order shall not
be made in respect of any infant unless

(a)he has been continuously in the care and possession of the applicant in
Northern Ireland for at least three consecutive months immediately preceding
the date of the order (not counting any time before the date which appears to
the court to be the date on which the infant attained the age of six weeks);
and

(b)except where

(i)the applicant or one of the applicants is a parent of the infant; or

(ii)the infant is, at the hearing of the application, over the upper limit of
the compulsory school age;

(b)the applicant has, during the period of care and possession referred to in
paragraph (a) and at least three months before the date of the order, served
notice in writing on [the Ministry of Home Affairs] ... of his intention to
apply for an adoption order in respect of the infant.

(2) In relation to an application for an adoption order by a person domiciled
but not ordinarily resident in Northern Ireland subsection (1)(b) shall apply
with the substitution of the word "living" for the word "resident".

(3) Where an application for an adoption order is made jointly by spouses who
are not, or one of whom is not, ordinarily resident in Northern Ireland

(a)the provisions of subsection (1)(a) shall be deemed to be complied with if
they are complied with in the case of one of the applicants and the applicants
have been living together in Northern Ireland for at least one of the three
months immediately preceding the date of the adoption order; and

(b)the notice required by subsection (1)(b) (as modified by subsection (2))
may be given by either of the applicants.

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Northern Irish Legislation

ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 3