Adoption Act, 1988

Adoption orders in respect of children the subject of orders under section 3 (1).

2.—(1) Where—

(a) an application is made by any persons (referred to subsequently in this subsection as “the applicants”) to the Board for an adoption order,

(b) but for this Act, the Board would not have power to make the order, and

(c) the Board (having heard the health board in whose functional area the applicants ordinarily reside, any persons specified in paragraphs (a) to (h) of section 16 (1) (as adapted by this Act) of the Principal Act who wish to be heard and any other person whom the Board, in its discretion, decides to hear) is satisfied that, if an order under section 3 (1) in relation to the child to whom the application for the adoption order relates were made in favour of the applicants, it would be proper, having regard to the Acts and this Act, to make the adoption order,

the Board shall adjourn the application and declare that, if the order is made under section 3 (1); it will, subject to subsection (2), make the adoption order.

(2) Where—

(a) an order is made under section 3 (1), and

(b) an appeal against the order is not brought or the order is confirmed on appeal by the Supreme Court,

the Board, if so requested by the persons in whose favour the order was made, shall, notwithstanding anything in section 10 of the Principal Act, unless it is satisfied that the relevant circumstances have so changed since the date of the making of the declaration under subsection (1) in relation to the matter that it would not be proper, having regard to the Acts and this Act, to do so, make an adoption order in relation to the child to whom the order under section 3 (1) relates in favour of the persons aforesaid.

(3) Section 14 of the Principal Act, the proviso to paragraph (a) of section 2 (1) of the Act of 1964 and paragraph (b) of the said section 2 (1) do not apply to an adoption order made by the Board by virtue of this section.

(4) Section 17 of the Principal Act does not apply in relation to an application for the making of an adoption order by virtue of this section.

(5) Where an adoption order is made by virtue of this section in respect of a child in respect of whom a previous adoption order has been made, the child shall be taken, for the purposes of the first-mentioned order, to be the lawful child of the adopters under the said previous order.