Adoption Act, 1974

What is this act about?

This law, the Adoption Act, 1974, updates and expands upon previous adoption laws from 1952 and 1964. It primarily focuses on the process of making adoption orders, emphasizing the child's welfare and addressing specific situations like consent and religious considerations.

Who it applies to: Individuals applying to adopt a child; Parents or guardians whose consent is required for an adoption.

At a glance

Country: Ireland
Area of law: Family law
Articles: 14
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The process for making adoption orders, including in cases where consent is initially withheld or withdrawn.
The conditions under which a widower can apply for an adoption order.
Restrictions on who can arrange adoptions and how children can be given for adoption.
The requirements for valid consent to an adoption.

Who does this act apply to?

Individuals applying to adopt a child.
Parents or guardians whose consent is required for an adoption.
An Bord Uchtála (the Board) and the High Court, as they handle adoption matters.

What are the key points?

The welfare of the child is the "first and paramount consideration" in all adoption matters.
The High Court can authorize the Board to dispense with a person's consent if it's in the child's best interests, even if that person initially agreed to place the child for adoption but later failed, refused, or withdrew consent.
An adoption order generally requires all applicants, the child, and their parents (or mother if illegitimate) to be of the same religion, unless all necessary consenting parties know the applicants' religion when they give consent.
Consent for adoption is only valid if given after the child is six weeks old and no more than three months before the adoption application.

Family law

Social Welfare Act, 1987

Adoption Act, 1976

Family Law Act 2019

Family Law (Miscellaneous Provisions) Act, 1997

Family Leave and Miscellaneous Provisions Act 2021

Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020

Adoption (Amendment) Act 2017

Social Welfare Act, 1986

Family law

Legal text

Contents (14)

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14

Adoption Act, 1974 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1974 Adoption Act, 1974 Adoption Act, 1974 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 24 of 1974 ADOPTION ACT, 1974 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Welfare of child.

Section 3

Power to make adoption order in the absence of consent.

Section 4

Religion.

Section 5

Application by widower for adoption order.

Section 6

Restriction on making arrangements for adoption.

Section 7

Power to appoint Deputy Chairman.

Section 8

Amendment of section 15 of Principal Act.

Section 9

Restriction on making of adoption order.

Section 10

Amendment of section 22 of Principal Act.

Section 11

Amendment of section 3 of Adoption Act, 1964.

Section 12

Remuneration of Deputy Chairman.

Section 13

Repeals.

Section 14

Short title, construction and collective citation.

SCHEDULE Repeals.

Acts Referred to Adoption Act, 1952 1952, No. 25 Adoption Act, 1964 1964, No. 2 Number 24 of 1974 ADOPTION ACT, 1974 AN ACT TO AMEND AND EXTEND THE ADOPTION ACTS, 1952 AND 1964. [29th July, 1974] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—In this Act— “adoption order” means an order under section 9 of the Principal Act; “the Board” means An Bord Uchtála; “the Principal Act” means the Adoption Act, 1952 .

Welfare of child.

2.—In any matter, application or proceedings before the Board or any court relating to the arrangements for or the making of an adoption order, the Board or the court, in deciding that question, shall regard the welfare of the child as the first and paramount consideration.

Power to make adoption order in the absence of consent.

3.—(1) In any case where a person has applied for an adoption order relating to a child and any person whose consent to the making of an adoption order relating to the child is necessary and who has agreed to the placing of the child for adoption either— (a) fails, neglects or refuses to give his consent, or (b) withdraws a consent already given, the applicant for the adoption order may apply to the High Court for an order under this section.

(2)The High Court, if it is satisfied that it is in the best interests of the child so to do, may make an order under this section— (a) giving custody of the child to the applicant for such period as the Court may determine, and (b) authorising the Board to dispense with the consent of the other person referred to in subsection (1) of this section to the making of an adoption order in favour of the applicant during the period aforesaid.

(3)The consent of a ward of court shall not be dispensed with by virtue of a High Court order under this section except with the sanction of the Court.

Religion.

4.—An adoption order shall not be made in any case where the applicants, the child and his parents, or, if the child is illegitimate, his mother, are not all of the same religion, unless every person whose consent to the making of the order is required by section 14 of the Principal Act or by section 2 of the Adoption Act, 1964 , knows the religion (if any) of each of the applicants when he gives his consent.

Application by widower for adoption order.

5.—(1) Notwithstanding anything contained in section 11 of the Principal Act (as amended by section 5 of the Act of 1964), in any case where— (a) a child is in the care of a married couple who have made an application for an adoption order in relation to that child, and (b) the wife dies before the making of the adoption order, the Board may make an adoption order relating to that child on the application of the widower: Provided that— (i) the widower has, at the date of his application another child in his custody, and (ii) every person, whose consent to the making of the adoption order is required by section 14 of the Principal Act or by section 2 of the Act of 1964, knows, when he gives his consent, that the applicant is a widower.

(2)In any case where an application for an adoption order is made under this section, any consent given to the making of an adoption order in respect of the child in favour of the married couple shall be disregarded.

Restriction on making arrangements for adoption.

6.—The Principal Act is hereby amended by the substitution for section 34 of the following section: “34.(1) It shall not be lawful for any body of persons to make or to attempt to make any arrangements for the adoption of a child or, for that purpose, to retain a child in its custody or to arrange to have a child retained by any other person or body.

(2)If any person takes any part in the management or control of a body of persons which exists wholly or in part for the purpose of making arrangements for adoption, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

(3)In any proceedings under subsection (2) of this section, proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the management or control of a body of persons, or in making arrangements for adoption on behalf of the body, shall be admissible as evidence of the purpose for which that body exists.

(4)It shall not be lawful for any person to give a child, or to cause a child to be given, to any other person for the purpose of having that child adopted by that other person, or by any other person, unless either the first mentioned person is a parent of the child, or the person who intends to adopt the child is a relative, or the spouse of a relative, of the child.

(5)Any person who contravenes subsection (4) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

(6)This section does not apply to registered adoption societies or to health boards.”

Power to appoint Deputy Chairman.

7.—Section 8 of the Principal Act is hereby amended by the insertion after subsection (4) of the following: “(4A) The Government may appoint one of the ordinary members to be Deputy Chairman and the Deputy Chairman may act as chairman in the absence of the Chairman. (4B) A person shall not be appointed Deputy Chairman unless he is qualified to be appointed Chairman.”

Amendment of section 15 of Principal Act.

8.—The Principal Act is hereby amended by the substitution for section 15 of the following section: “15. (1) A consent shall not be valid unless it is given after the child has attained the age of six weeks and not earlier than three months before the application for adoption.

(2)The Board shall satisfy itself that every person whose consent is necessary and has not been dispensed with has given consent and understands the nature and effect of the consent and of the adoption order.”

Restriction on making of adoption order.

9.—(1) Subject to subsection (2) of this section, an adoption order shall not be made in respect of a child unless the child has been in the care of the applicants for such period (if any) as may be prescribed.

(2)The Board may, having regard to the particular circumstances of the case, make an adoption order in respect of a child notwithstanding that the child has not been in the care of the applicants for the period prescribed pursuant to subsection (1) of this section.

Amendment of section 22 of Principal Act.

10.—Section 22 of the Principal Act is hereby amended by the substitution in subsection (2) for “The entry shall be in the form set out in the Second Schedule and contain the particulars required by the form” of “The entry shall be in the form set out in the Second Schedule, or in such other form as may be approved from time to time by the Minister, with the consent of the Minister for Health, and shall contain the particulars required by such form.”

Amendment of Section 3 of Adoption Act, 1964.

11.—

Section 3

of the Adoption Act, 1964 , is hereby amended by— (a) the substitution for subsection (1) of the following— “(1) Notwithstanding anything contained in section 10 of the Principal Act, where the Board is satisfied that in the particular circumstances of the case it is desirable to do so, it may make an adoption order in respect of a child who was more than seven years of age at the date of the application for the order”, and (b) the deletion of subsection (3).

Remuneration of Deputy Chairman.

12.—The First Schedule to the Principal Act is hereby amended by the insertion after paragraph 5 of the following: “Remuneration of Deputy Chairman.

There may be paid to the Deputy Chairman, in respect of any period when he acts as chairman, such remuneration as the Minister, with the consent of the Minister for the Public Service, determines.”

Repeals.

13.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, construction and collective citation.

14.—(1) This Act may be cited as the Adoption Act, 1974.

(2)The Adoption Acts, 1952 and 1964, and this Act shall be construed together as one.

(3)The Adoption Acts, 1952 and 1964, and this Act may be cited together as the Adoption Acts, 1952 to 1974.

SCHEDULE Repeals

Section 13

Number and year Short Title Extent of Repeal

(1)

(2)

(3)No. 25 of 1952.

Adoption Act, 1952 .

In paragraph (b) of section 10 , the words “not less than six months and”.

Section 12

In section 16

(1)(g), the words “recognised by the Constitution”.

In section 41

(1)(a), the words “under seven years of age”.

No. 2 of 1964.

Adoption Act, 1964 .

Section 6

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