The Adoption (Northern Ireland) Order 1987

Meaning of “protected child”

33.—(1) Where a person gives notice in pursuance of Article 22(1) to the Board within whose area he lives of his intention to apply for an adoption order in respect of a child, the child is for the purposes of this Part a protected child while he has his home with that person.

(2) A child is not a protected child by reason of any such notice as is mentioned in paragraph (1) while—

(a)he is in the care of any person in—

(i)any school within the meaning of the Education and Libraries (Northern Ireland) Order 1986(1),

(ii)any voluntary home within the meaning of section 126 of the Children and Young Persons Act (Northern Ireland) 1968,

(iii)any home or institution maintained by a government department or public body; or

(b)he is resident in a residential home for persons suffering from mental disorder within the meaning of Article 3(1) of the Mental Health (Northern Ireland) Order 1986(2); or

(c)he is liable to be detained or is subject to guardianship under that Order of 1986.

(3) A protected child ceases to be a protected child—

(a)on the appointment of a guardian for him under the Guardianship of Infants Act 1886(3);

(b)on the notification to the Board for the area where the child has his home that the application for an adoption order has been withdrawn;

(c)on the making of any of the following orders in respect of the child—

(i)an adoption order;

(ii)an order under Article 27;

(iii)an order under Article 45, 46 or 47 of the Matrimonial Causes (Northern Ireland) Order 1978(4);

(iv)an order under Article 10, 11 or 12 of the Domestic Proceeding’s (Northern Ireland) Order 1980(5); or

(d)on his attaining the age of 18 years,

whichever first occurs.