ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 38 Restriction on removal of infants for adoption abroad.

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ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 38

Restriction on removal of infants for adoption abroad.

38.(1) If the court is satisfied, upon an application being made by a person
who is not domiciled in Northern Ireland, that the applicant intends to adopt
an infant under the law of or within the country in which he is domiciled, and
for that purpose desires to remove the infant from Northern Ireland either
immediately or after an interval, the court may, subject to the provisions of
this section, make an order (in this section referred to as a provisional
adoption order) authorising the applicant to remove the infant for the purpose
aforesaid, and giving to the applicant the custody of the infant pending his
adoption as aforesaid.

(2) An application for a provisional adoption order may be made in the
prescribed manner to the High Court or, at the option of the applicant, any
county court within the jurisdiction of which either the applicant or the
infant resides at the date of that application or, if the applicant is not
ordinarily resident in Northern Ireland, any county court in the jurisdiction
of which the applicant lives at the date of that application.

(3) Subject to subsection (4), a provisional adoption order may be made in any
case where, apart from the domicile of the applicant, an adoption order could
be made in respect of the infant under Part I, but shall not be made in any
other case.

(4) In relation to a provisional adoption order section 3 shall have effect as
if for the word "three" where it occurs in subsection (1) there were
substituted the word "six".

(5) Subject to the provisions of this section, the provisions of this Act,
other than this section and section 18 and section 19, shall apply in relation
to a provisional adoption order as they apply in relation to an
adoption order, and references in those provisions to adoption, to an
adoption order, to an application or applicant for such an order and to an
adopter or a person adopted or authorised to be adopted under such an order
shall be construed accordingly.

(6) Any provision in this Act, except section 18 and section 19, under which a
person adopted in pursuance of an order authorising adoption is for any
purpose treated as the child of the adopter, or any other relationship is
deduced by reference to such an order, which by virtue of subsection (5)
applies in relation to orders under this section, shall,

(a)as respects anything done after the commencement of this Act, apply also in
relation to orders similar to orders under this section, made (whether before
or after the commencement of this Act) in Great Britain, the Isle of Man or
any of the Channel Islands, and any such provision of this Act shall be
construed accordingly; and

(b)any such similar order made after the commencement of this Act shall also
have the same effect as an adoption order for the purposes of [Article 2(5) of
the Industrial Assurance (Northern Ireland) Order 1979] and section 17 of
this Act.

(7) Any entry in the Register of Births or the Adopted Children Register which
is required to be marked in consequence of the making of a provisional
adoption order shall, in lieu of being marked with the word "Adopted" or
"Re-adopted" be marked with the words "Provisionally adopted" or
"Provisionally re-adopted", as the case may require.

S.39 rep. by 1972 NI 14 art.109(3) sch.18

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Northern Irish Legislation

ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 38