Part 4Civil partnership: Northern Ireland

Chapter 5Children

199Parental responsibility, children of the family and relatives

1

Amend the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (“the 1995 Order”) as follows.

2

In Article 2(2) (interpretation), for the definition of “child of the family” in relation to the parties to a marriage, substitute—

  • “child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—

    1. a

      a child of both of them, and

    2. b

      any other child, other than a child placed with them as foster parents by an authority or voluntary organisation, who has been treated by both of them as a child of their family.

3

In the definition of “relative” in Article 2(2), for “by affinity)” substitute “ by marriage or civil partnership) ”.

4

In Article 7(1C) (acquisition of parental responsibility by step-parent), after “is married to” insert “ , or a civil partner of, ”.

200Guardianship

In Article 161 of the 1995 Order (revocation of appointment), after paragraph (7) insert—

8

An appointment under paragraph (1) or (2) of Article 160 (including one made in an unrevoked will) is revoked if—

a

the civil partnership of the person who made the appointment is dissolved or annulled, and

b

the person appointed is his former civil partner.

9

Paragraph (8) is subject to a contrary intention appearing from the appointment.

10

In paragraph (8) “dissolved or annulled” means—

a

dissolved by a dissolution order or annulled by a nullity order under Part 4 of the Civil Partnership Act 2004, or

b

dissolved or annulled in any country or territory outside Northern Ireland by a dissolution or annulment which is entitled to recognition in Northern Ireland by virtue of Chapter 3 of Part 5 of that Act.

201Entitlement to apply for residence or contact order

In Article 10(5) of the 1995 Order (persons entitled to apply for residence or contact order), after sub-paragraph (a) insert—

aa

any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;

202Financial provision for children

1

Amend Schedule 1 to the 1995 Order (financial provision for children) as follows.

2

For paragraph 1(2) (extended meaning of “parent”) substitute—

2

In this Schedule, except paragraphs 3 and 17, “parent” includes—

a

any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

b

any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.

3

In paragraph 3(6) (meaning of “periodical payments order”), after paragraph (d) insert—

e

Part 1 or 8 of Schedule 15 to the Civil Partnership Act 2004 (financial relief in the High Court or county court etc.);

f

Schedule 16 to the 2004 Act (financial relief in court of summary jurisdiction etc.);

4

In paragraph 17(2) (person with whom a child lives or is to live), after “husband or wife” insert “ or civil partner ”.

203Adoption

1

Amend the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) as follows.

2

In Article 2 (interpretation), in the definition of “relative” in paragraph (2), for “affinity” substitute “ marriage or civil partnership ”.

3

In Article 12 (adoption orders), in paragraph (5), after “married” insert “ or who is or has been a civil partner ”.

4

In Article 15 (adoption by one person), in paragraph (1)(a), after “is not married” insert “ or a civil partner ”.

5

In Article 33 (meaning of “protected child”), in paragraph (3)(g), after “marriage” insert “ or forming a civil partnership ”.

6

In Article 40 (status conferred by adoption), in paragraph (3)(a), after “1984” insert “ or for the purposes of Schedule 12 to the Civil Partnership Act 2004 ”.

7

In Article 54 (disclosure of birth records of adopted children), in paragraph (2)—

a

after “intending to be married” insert “ or to form a civil partnership ”;

b

for “the person whom he intends to marry” substitute “ the intended spouse or civil partner ”;

c

after “1984” insert “ or Schedule 12 to the Civil Partnership Act 2004 ”.

8

In Article 54A (Adoption Contact Register), in paragraph (13)(a), for “or marriage” substitute “ , marriage or civil partnership ”.