ADOPTION (HAGUE CONVENTION) ACT (NORTHERN IRELAND) 1969 - SECT 3 Restrictions on making of convention adoption orders.

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ADOPTION (HAGUE CONVENTION) ACT (NORTHERN IRELAND) 1969 - SECT 3

Restrictions on making of convention adoption orders.

3.(1) A convention adoption order shall not be made on the application of a
person who is not a United Kingdom national or of spouses who are not
United Kingdom nationals if the adoption which would be effected by the order
is prohibited by a provision of the internal law of the country of which the
person is a national or the spouses are nationals, being a provision specified
in an order made under section 3(1) of the Adoption Act 1968.

(2) A convention adoption order shall not be made in pursuance of an
application made at a time when the applicant or applicants and the infant are
United Kingdom nationals and reside in Northern Ireland or a
specified country.

(3) A convention adoption order shall not be made in respect of an infant who
is not a United Kingdom national

(a)except in accordance with the provisions, if any, relating to consents and
consultations of the internal law relating to adoption of the country of which
the infant is a national; and

(b)where the application for the order is made by one of two spouses, unless
the other spouse consents to the application or the court dispenses with his
or her consent on being satisfied as to any of the matters mentioned in
section 5(3) of the Act of 1967.

(4) The reference to consents and consultations in paragraph (a) of subsection
(3) does not include a reference to consent by and consultation with the
applicant for the order and members of the applicant's family (including his
or her spouse), and for the purposes of that subsection consents may be proved
in the prescribed manner and the court shall be treated as the authority by
whom, under the law mentioned in that paragraph, consents may be dispensed
with and the adoption in question may be authorised; and where the provisions
there mentioned require the attendance before that authority of any person who
does not reside in Northern Ireland, that requirement shall be treated as
satisfied for the purposes of subsection (3) if

(a)that person has been given a reasonable opportunity of communicating his
opinion on the adoption in question to the proper officer of the court, or to
an appropriate authority of the country in question for transmission to
the court; and

(b)where he has availed himself of that opportunity, his opinion has been
transmitted to the court.

(5) A convention adoption order shall not be made unless the applicant for the
order is a qualified person or the applicants for the order are
qualified spouses not only at the time of the application but also immediately
before the order is made.

(6) Except in the case of an adoption by qualified spouses, an adoption order
shall not be made authorising more than one person to adopt a
qualified infant.

Extension of enactments to certain foreign adoptions.

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Northern Irish Legislation

ADOPTION (HAGUE CONVENTION) ACT (NORTHERN IRELAND) 1969 - SECT 3