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3<br />

Adoption (NI) Order 1987 however gave effect to a number of the<br />

recommendations, including:<br />

• the introduction, for the first time, of a statutory duty on HSS<br />

Boards to provide an adoption service;<br />

• prohibition of independent or 'third party' placements of children<br />

with non-relatives. All placements were to be made through an<br />

adoption agency;<br />

• the introduction of a freeing order for children - either with or<br />

without the agreement of parents - through which parental rights<br />

could be transferred by the court to an adoption agency;<br />

• adoption placements arranged by voluntary adoption societies<br />

should no longer be subject to HSS Board approval and the<br />

welfare supervision of the child prior to the granting of an<br />

adoption order should be undertaken by the placing agency;<br />

• the mandatory appointment of a guardian ad litem and reporting<br />

officer in all adoption and freeing order cases; and<br />

• on reaching the age of majority an adopted person should have<br />

access to his/her birth records.<br />

It is noteworthy that the Black Committee, after much deliberation,<br />

also recommended that Section 5 (1) of the 1967 Adoption Act, which<br />

provided for the welfare of the child to be the paramount<br />

consideration in dispensing with parental consent, should be deleted.<br />

This was based on interpretations of the 1967 European Convention<br />

on the Adoption of Children, referred to above. The Committee<br />

commented that 'in Northern Ireland, there have been very few cases<br />

in recent years involving dispensation of consent, hence there is little<br />

evidence available as to the merits or demerits of the paramountcy<br />

principle'. Had the Committee been reviewing the present day<br />

situation in adoption, its members might have come to a different<br />

conclusion.<br />

50 YEARS OF CHILD CARE IN NORTHERN IRELAND<br />

52

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