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ADOPTION ACT (NORTHERN IRELAND) 1967 - SECT 4

Consents.

4.(1) Subject to section 5, an adoption order shall not be made

(a)in any case, except with the consent of every person who is a parent or
guardian of the infant;

(b)on the application of one of two spouses, except with the consent of the
other spouse.

(2) The consent of any person to the making of an adoption order may be given
either before or after an application has been made for the order and may be
given

(a)either generally in respect of the adoption of the infant or only in
respect of the adoption of the infant by a specified person; and

(b)either unconditionally or subject to conditions with respect to the
religious persuasion in which the infant is to be brought up.

(3) Notwithstanding anything in subsection (2), the consent of the mother of
an infant shall be of no effect for the purposes of this section if given
earlier than six weeks after the birth of the infant.

(4) The reference in subsection (1)(a) to a parent of an infant does not
include a reference to any person having the rights and powers of a parent of
the infant by virtue of any of the following provisions of the Children and
Young Persons Act (Northern Ireland) [1968], that is to say

(a)[section 91, or paragraph 14(1) of Schedule 5] (which relate to the
exercise of parental rights in respect of children and young persons committed
to the care of fit persons or ordered to be sent to training schools);

(b)[section 105] (which applies to children in respect of whom [the Ministry
of Home Affairs] have assumed parental rights by virtue of a parental rights
order made under [section 104] of that Act).


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