Column 1 | Column 2 |
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article of the Order having effect | modifications |
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Interpretation |
1Article 2 (interpretation)
| iAs if for the definition of “adoption rules” there were substituted the words ““rules” means rules of court, county court rules or rules made under article 12 of the Family Law (Northern Ireland) Order 1993;”; iias if for the definition of “authorised court” there were substituted the words: iiias if after the definition of “guardian” there were inserted the words “husband and wife” means, in respect of the provisions of this Order as they have effect in respect of parental orders and applications for such orders, the husband and wife as defined in section 30 of the Human Fertilisation and Embryology Act 1990;
ivas if after the definition of “order freeing a child for adoption” there were inserted the words
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Applications by gamete donors for a parental order |
2aArticle 9 (duty to promote the welfare of the child)
| iAs if for the words “the adoption of a child” there were substituted “the application for a parental order”; iias if for the words “adoption, or adoption by a particular person or persons” there were substituted the words “the granting of such an order to the husband and wife”; and iiias if the words “or adoption agency” were omitted.
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bArticle 12(1) to (3) (adoption orders)
| iAs if for the words “an adoption order” on each occasion they appear, there were substituted the words “a parental order”; iias if in article 12(3)(b) for the words “the adoption order” there were substituted the words “the parental order”; and iiias if for the words “the adopters” there were substituted the words “the husband and wife”.
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cArticle 25(1) (restrictions on making adoption orders)
| iAs if for the words “an adoption order” there were substituted the words “a parental order”; and iias if for the words “a British adoption order” there were substituted the words “such an order”.
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dArticle 28(1) (restrictions on removal while application is pending)
| As if for paragraph (1) of article 28 there were substituted the following paragraph While an application for a parental order is pending a parent or guardian is not entitled, against the will of the person with whom the child has his home, to remove the child from the actual custody of that person except with the leave of the court
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eArticle 30 (return of a child taken away in breach of article 28 or 29)
| iAs if for the words “article 28 or 29” on each occasion they appear there were substituted the words “article 28 as applied with modifications by regulation 3 of and paragraph 2(d) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and iias if after the words “under paragraph (1)” wherever they appear and “under paragraph (3)” in article 30(5) there were inserted the words “as applied with modifications by regulation 3 of and paragraph 2(e) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
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Effect of a parental order |
3Article 40(1)(a), (2), (3)(a), (4) and (6) (status conferred by adoption)
| iAs if for the words “an adopted child” there were substituted on each occasion they appear, the words “a child who is the subject of a parental order”; iias if for the words “adopters” and “adopter” on each occasion they appear, except “adopter” in article 40(2), there were substituted the words “persons who obtain the parental order”; iiias if in article 40(1)(a) the words “where the adopters are a married couple,” were omitted and as if for the words in the same paragraph “child of the marriage” there were substituted the words “child of the marriage of the husband and wife”; ivas if in article 40(2) the words “subject to paragraph (3),” and “or adopter” were omitted; vas if in article 40(3)(a) after the words “does not apply” there were inserted the words “so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law, the child’s mother or father before the order was made”; vias if in article 40(6) for the word “adoption” there were substituted the words “parental order”; and viias if in article 40(6) the words “Subject to the provisions of this Part” and “, or after the commencement of this Part, whichever is the later” were omitted.
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Interpretation of certain events consequent upon the making of a parental order |
4aArticle 42 (rules of construction for instruments concerning property)
| iAs if in article 42(2) for the words “article 40(1)” there were substituted the words “article 40(1)(a) as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; iias if in article 42(2) for the words “of the adoptive parent or parents” there were substituted the words “in respect of whom the husband and wife have obtained a parental order”; iiias if in article 42(2) and (4) for the words “adopted child” there were substituted the words “child the subject of the parental order”; ivas if in article 42(2)(b) for the words “adopted” there were substituted the words “in respect of whom parental orders were made”; vas if in article 42(4) after the words “article 40(2)” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; vias if in article 42(4) for the word “adoption” there were substituted the words “making of the parental order”; and viias if in article 42(5) for the word “adopt” there were substituted the words “obtain a parental order in respect of ”; and viiias if in article 42(5) after the words “article 40” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
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bArticle 44 (property devolving with peerages)
| As if for the words “An adoption” on each occasion they appear there were substituted the words “The making of a parental order”. |
cArticle 45 (protection of trustees and personal representatives)
| As if in article 45(1) for the word “adoption” there were substituted the words “parental order”. |
dArticle 46 (meaning of “disposition”)
| As if for the words “this Part” each time they appear there were substituted the words “the application of articles 40, 42, 44, 45 and 47 as modified by regulation 3 of and paragraphs 3 and 4(a), (b), (c) and (e) respectively of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”. |
eArticle 47 (miscellaneous enactments)
| iAs if in article 47(1) for the words “article 40 does not apply” there were substituted the words “article 40(2) as modified by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 does not apply so as to prevent a child who is the subject of a parental order from continuing to be treated as the child of a person who was in law the child’s mother or father before the order was made”; and iias if in article 47(2) for the words “article 40” there were substituted the words “article 40 as applied with modifications by regulation 3 of and paragraph 3 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”.
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Registration |
5aArticle 50 (Adopted Children Register)
| iAs if for the words “Adopted Children Register” on each occasion they appear there were substituted the words “Parental Order Register”; iias if in article 50(1)(a) for the words “adoption orders” there were substituted the words “parental orders”; iiias if in article 50(1)(c) for the words ““Adopted” pursuant to Article 51” there were substituted the words ““Re-registered by the Registrar General” pursuant to Article 51(4) as applied with modifications by regulation 3 of and paragraph 5(b) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; ivas if in article 50(2) for the words “Every person shall be entitled to search the index mentioned in paragraph (1)(b) and to have a certified copy of any entry in the Adopted Children Register in all respects upon and subject to the same terms” there were substituted the following words: The Registrar General shall— - a
cause a search to be made of the index of the Parental Order Register on behalf of any person or permit that person to search that index himself, and - b
issue to any person a certified copy of any entry in the Parental Order Register,
in all respects, except as to the entitlement of any person to search that index, upon and subject to the same terms
vas if in article 50(3) after the words “Article 54” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 5(e) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and vias if in article 50(3)(b) for the words “an adoption order” there were substituted the words “a parental order”; and viias if article 50(3)(c) were omitted.
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bArticle 51 (1), (3), (4), (6) and (7) (registration of adoption orders)
| iAs if in article 51(1) for the words “adoption order” there were substituted the words “parental order”; iias if in article 51(1) for the words “Adopted Children Register” there were substituted the words “Parental Order Register”; iiias if in article 51(1) after the words “Schedule 2” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 7 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; ivas if in article 51(1) the words “(subject to paragraph (2))” were omitted; vas if in article 51(3) for the words “Adopted Children Register under the heading in column 2 of Schedule 2” there were substituted the words “Parental Order Register under the heading in column 2 of Schedule 2 as applied with modifications by regulation 3 of and paragraph 7 of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; vias if in article 51(3) the word “and” in sub- paragraph (a) were omitted and sub- paragraph (b) were omitted; viias if in article 51(4) for the words from “application for an adoption order” to “time in force)” there were substituted the words “application for a parental order”; viiias if in article 51(4) for the words “any adoption order” there were substituted the words “any parental order”; ixas if in article 51(4) for the words “marked with the word “Adopted” ” there were substituted the words “marked with the words “Re-registered by the Registrar General” ”; xas if in article 51(6) for the words “an adoption order shall cause the adoption order” there were substituted the words “a parental order shall cause the order”; xias if in article 51(7) for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”; and xiias if in article 51(7) the words “or the country in which the child was previously adopted” and the words from “or the Adopted Children Register” to “the case may be,” were omitted.
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cArticle 52 (1) to (4) and (6) (amendment registers)
| iAs if for the words “Adopted Children of orders and rectification of Register” on each occasion they appear, except in article 52(6), there were substituted the words “Parental Order Register”; iias if for the words “an adoption order” on each occasion they appear there were substituted the words “a parental order”; iiias if in article 52(1) for the words “adopter or of the adopted person” on each occasion they appear, namely in the general words of paragraph (1) and in sub-paragraph (a), there were substituted the words “husband or wife or of the person who is the subject of the parental order”; ivas if in article 52(1)(a) for the words “given to the adopted person” there were substituted the words “given to that child” and the words “, or taken by him,” were omitted; vas if in article 52(1)(b) for the words “Article 51(4) or (5)” there were substituted the words “Article 51(4) as applied with modifications by regulation 3 of and paragraph 5(b) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; vias if in article 52(4) after the words “Article 50(2)” there were inserted the words “ as applied with modifications by regulation 3 of and paragraph 5(a) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; vii as if in article 52(6) after the words “Article 51(7)” there were inserted the words “as applied with modifications by regulation 3 of and paragraph 5(b) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”; and viiias if in article 52(6) the words “or an Adopted Children Register or any corresponding register of adoptions” were omitted.
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dArticle 53(1) and (2) (registration of adoptions)
| iAs if in article 53(1) for the words “register of adoptions made outside Northern Ireland” there were substituted the words “register of parental orders”; iias if in article 53(1) for the words “an order has been made in that country authorising the adoption of a child” there were substituted the words “a parental order has been made in that country in respect of a child”; iiias if in article 53(1) the words “or the Adopted Children Register” were omitted; ivas if in article 53(1) for the words ““Adopted” or “Re-adopted”, as the case may require” there were substituted the word ““Re-registered” ”; vas if in article 53(2) for the words “so marked” there were substituted the words “marked in accordance with paragraph (1)”; and vias if in article 53(2) for the words “, that an appeal against the order has been allowed or that the order has been revoked” there were substituted the words “or that an appeal against the order has been allowed”.
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eArticle 54(1), (2), (4) and (5) (disclosure of birth records of adopted children)
| iAs if in article 54(1) for the words “Subject to paragraphs (4) and (6)” there were substituted the words “Subject to paragraph (4)”; iias if in article 54(1) for the words “an adopted person” there were substituted the words “a person who is the subject of a parental order”; iiias if in article 54(2) for the words “an adopted person under the age of 18 years” there were substituted the words “a person who is the subject of a parental order and who is under the age of 18 years”; ivas if in article 54(4)(b) for the words “adoption order” there were substituted the words “parental order” and the word “or” at the end of that sub-paragraph were omitted; vas if article 54(4)(c) were omitted; and vias if in article 54(5) the words “or society” were omitted.
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Procedure |
6aArticle 62(1) (evidence of agreement and consent)
| iAs if for the words “this Order” there were substituted the words “section 30 of the Human Fertilisation and Embryology Act 1990”; iias if the word “adoption” on each occasion it appears were omitted; and iiias if for the words “and, if the document signifying the agreement or consent is witnessed in accordance with adoption rules, it” there were substituted the words “and any such written consent”.
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bArticle 63(1) and (2) (evidence of adoptions, etc.)
| iAs if in article 63(1) for the words “Adopted Children Register” there were substituted the words “Parental Order Register”; iias if in article 63(1)(a) for the word “adoption” there were substituted the words “parental order”; iiias if in article 63(1)(b) for the words “adopted person” there were substituted the words “person who is the subject of the parental order”; and ivas if in article 63(2) for the words “section 50(2) of the Adoption Act 1976 or section 45(2) of the Adoption (Scotland) Act 1978” there were substituted the words “section 50(2) of the Adoption Act 1976 as applied with modifications by regulation 2 of and paragraph 4(a) of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994, or section 45(2) of the Adoption (Scotland) Act 1978 as applied with modifications by regulation 2 of and paragraph 10 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994”.
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cArticle 64(3) (removal of proceedings and appeals)
| As if for the words from “Subject to paragraphs (2) and (4)” to the words “under this Order” there were substituted the words “Without prejudice to Articles 61 and 65 of the County Courts (Northern Ireland) Order 1980 any person aggrieved with a decision of a county court on an application made to it for a parental order or on an application made to it under Article 30 as applied with modifications by regulation 3 of and paragraph 2(c) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994”. |
dArticle 65 (proceedings to be in private)
| As if for the words “under Part III, article 30 and article 57” there were substituted the words “pursuant to section 30 of the Human Fertilisation and Embryology Act 1990”. |
eArticle 66 (guardians ad litem)
| iAs if for the words “an adoption order or an order freeing a child for adoption or an order under article 20 or 57, adoption” there were substituted the words “a parental order”; and iias if in article 66(2) the word “adoption” were omitted.
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7Schedule 2 (Form of Entry in Adopted Children Register)
| iAs if for the words “adopted Children Register” in the heading there were substituted the words “Parental Order Register”; iias if for the words “adopter or adopters” in column 5 there were substituted the words “persons who obtained the parental order”; and iiias if for the words “adoption order” in column 6 there were substituted the words “parental order”.
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