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Adoption Act 2010

In short

This law, the Adoption Act 2010, sets out the legal framework for adoptions, both within the country and internationally, and establishes the Adoption Authority to oversee these processes.

What it regulates

Who it concerns

Key points

Legal text
Obsah (7)Article 23Article 20Article 15Article 21Article 14Article 17Article 39

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2010 ADOPTION ACT 2010 ARRANGEMENT

SECTIONS PART 1 Preliminary and General Matters Section

  1. Short title.
  2. Commencement.
  3. Interpretation.
  4. References to making arrangements for adoption.
  5. Supplemental provisions to section 4 in relation to certain intercountry adoptions.
  6. Establishment day.
  7. Repeals and revocations.
  8. Expenses. PART 2 Legal Effect

Hague Convention 9. Hague Convention to have force

law.

  1. Explanatory report. PART 3 Placement for Adoption Chapter 1 Interpretation
  2. Interpretation (Part 3). Chapter 2 Placement

Children for Adoption

  1. Visits and enquiries pertaining to adoptions.
  2. Restriction on placing child for adoption.
  3. Explanation to mother or guardian as to effect

adoption. 15. Care

child pending placement. 16. Right

father who wishes to be consulted.

  1. Pre-placement consultation procedure.
  2. Where father not consulted. PART 4 Domestic Adoptions and Intercountry Adoptions Chapter 1 Adoption Orders and Consents to Adoption Orders
  3. Welfare

child.

  1. Authority’s power to make adoption order or recognise intercountry adoption effected outside State.
  2. Discontinuance

proceedings for adoption order or for recognition

intercountry adoption effected outside State.

  1. Contribution by Health Service Executive towards adoption expenses.
  2. Children who may be adopted.
  3. Exception if child older than 7 years.
  4. Correction

adoption order. Chapter 2 Consents to Adoption Orders

  1. Consents to adoption orders.
  2. Information for persons about consenting to adoption orders.
  3. Validity

consent. 29. Enquiries on behalf

Authority.

  1. Consultation with father.
  2. High Court may give custody

child to prospective adopters and authorise dispensing with consent to adoption.

  1. Religion. Chapter 3 Eligibility and Suitability to Adopt
  2. Persons eligible for adoption order or recognition

intercountry adoption effected outside State. 34. Persons suitable for adoption order or recognition

intercountry adoption effected outside State. Chapter 4 Adoption Committees 35. Applicants defined. 36. Adoption committees

Health Service Executive. Chapter 5 Application by Prospective Adopters for Declaration

Eligibility and Suitability 37. Application to Health Service Executive for Authority to issue declaration

eligibility and suitability. 38. Discontinuance by applicants

proceedings for issuance

declaration

eligibility and suitability. 39. Recommendation

adoption committee regarding issuance

declaration

eligibility and suitability. Chapter 6 Authority’s Power to Issue Declarations

Eligibility and Suitability to Prospective Adopters 40. Authority may issue declaration

eligibility and suitability. 41. Expiration

declaration

eligibility and suitability. 42. Proof

declaration

eligibility and suitability. PART 5 Adoption Proceedings Before the Authority 43. Hearing

applications.

  1. Interim orders as to custody in adoption proceedings.
  2. Re-adoption.
  3. Power to summon witnesses, etc.
  4. Service

documents.

  1. Evidence.
  2. Case stated for High Court. PART 6 Related Court Proceedings
  3. Relevant adoption not to be declared invalid if declaration not in child’s best interests.
  4. Orders by court as to custody

children in certain cases. PART 7 Adoption Orders in Exceptional Cases and Role

High Court

  1. Interpretation (Part 7).
  2. Adoption orders in relation to children where High Court order under section 54 applies.
  3. Orders by High Court authorising Authority to make adoption orders for children whose parents fail in their duty towards them.
  4. Evidence to High Court.
  5. Court costs. PART 8 Effects

Adoption orders and

State Recognition

Intercountry Adoptions 57. Recognition and effects

intercountry adoption effected outside State.

  1. Parental rights and duties.
  2. Subsequent marriage

birth parents.

  1. Property rights.
  2. Stamp duty on land.
  3. Orders to make payment for benefit

child.

  1. Transitional — foreign adoptions in process immediately before establishment day. PART 9 Intercountry Adoptions Chapter 1 Provisions Relating Generally to Intercountry Adoptions
  2. Competent authority.
  3. Competent authority for certifying that adoptions accord with Hague Convention.
  4. Role

Authority as Central Authority.

  1. Procedural arrangements for cases where State is receiving state.
  2. State as receiving state: adoption orders for children placed for adoption in State.
  3. Conversion

certain adoptions effected in contracting states and recognised in State. 70. Transfer

child from State for purpose

adoption in receiving state.

  1. Discussions relating to agreements under Article
  2. Administrative arrangements with contracting states. Chapter 2 Bilateral Agreements and other Arrangements Concerning Intercountry Adoptions
  3. Discussions and agreements with non-contracting states.
  4. Administrative arrangements with states that have bilateral agreements.
  5. Role

Authority as Central Authority under bilateral agreement.

  1. Competent authority for certifying that adoptions accord with bilateral agreement.
  2. Procedural arrangements where State is receiving state under bilateral agreement.
  3. State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State.
  4. Conversion

certain adoptions effected under bilateral agreement in another state and recognised in the State. 80. Transfer

child from State for purpose

adoption in receiving state. Chapter 3 Arrangement in Exceptional Case with a Non-Contracting State

  1. Exceptional case involving specific child. Chapter 4 Duty to Inform State about Adopted Child First Entering State
  2. Duty to inform Health Service Executive and Authority

child’s entry. PART 10 Adopted Children Register and Register

Intercountry Adoptions Chapter 1 Adopted Children Register

  1. Authority to send particulars to Ard-Chláraitheoir for entries in Adopted Children Register.
  2. Adopted Children Register.
  3. Index to Adopted Children Register.
  4. Separate index

connections between Adopted Children Register and register

births. 87. Certified copy

entry in Adopted Children Register as evidence

facts stated. 88. Privacy

adoption records. 89. Abridged certificate

entry in Adopted Children Register. Chapter 2 Register

Intercountry Adoptions 90. Register

intercountry adoptions. 91. Certified copy

entry in register

intercountry adoptions as evidence

facts stated. Chapter 3 Directions

High Court in Relation to Register

Intercountry Adoptions 92. Directions

High Court in relation to entries in register

intercountry adoptions. PART 11 Proof and Registration

Intercountry Adoptions effected outside the State 93. Proof

intercountry adoptions effected outside State. PART 12 Adoption Authority Chapter 1 Authority Established 94. Establishment

Adoption Authority. 95. Seal

Authority. 96. Functions

Authority.

  1. Rules.
  2. Membership

Authority. 99. Membership

either House

Oireachtas, European Parliament or local authority. 100. Meetings

Authority. 101. Committees

Authority. 102. Remuneration and expenses

members

Authority and committees. Chapter 2 Chief Executive

ficer 103. Chief executive

ficer. 104. Functions

chief executive

ficer. 105. Accountability

chief executive

ficer to Public Accounts Committee. 106. Accountability

chief executive

ficer to other Oireachtas Committees. Chapter 3 Accountability, Plans, Reports and Funding 107. Directions to Authority. 108. Corporate plan

Authority.

  1. Grants to Authority.
  2. Submission

business plan. 111. Code

governance. 112. Accounts

Authority. Chapter 4 Standards, Codes

Conduct, Disqualification, etc. 113. Standards

integrity. 114. Codes

conduct. 115. Availability

codes

conduct.

  1. Gifts.
  2. Annual report.
  3. Information to be furnished to Minister and Authority’s discretion to publish other reports.
  4. Prohibition against unauthorised disclosure

confidential information. 120. Disqualification resulting from membership

either House

the Oireachtas, European Parliament or local authority. 121. Secondment

employees resulting from membership

either House

Oireachtas, European Parliament or local authority. Chapter 5 Employees

Authority, etc. 122. Employees

Authority.

  1. Superannuation.
  2. Advisers. PART 13 Registration

Accredited Bodies Chapter 1 Arrangements for Adoption 125. Restrictions on making arrangements for adoption. Chapter 2 Register

Accredited Bodies 126. Register

accredited bodies. 127. Registration

accredited bodies. 128. Renewal

registration. 129. Cancellation

registration for failure to apply for renewal. 130. Cancellation

registration for other reasons. 131. Amendment

registration. 132. Duty to notify

registration decisions. 133. Accredited bodies to furnish information to Authority and permit inspection

their records. 134. Notices in Iris Oifigiúil

registration and cancellation. Chapter 3 Appeals Respecting Registration

Accredited Bodies 135. Appeals from decisions relating to registration. PART 14 Dissolution

An Bord Uchtála 136. Dissolution

An Bord Uchtála. 137. Transfer

persons to be employees

Authority. 138. Transfer

property and liabilities to Authority. 139. Preservation

contracts, etc., and adaptation

references. 140. Records

An Bord Uchtála.

  1. Pending legal proceedings.
  2. Pending adoption proceedings.
  3. References to Adoption Board in enactments made before establishment day. PART 15

fences Chapter 1 Contraventions and Non-Compliance Other than as Provided in Other Parts

  1. Prohibition against certain advertisements.
  2. Prohibition against receiving, making or giving certain payments and rewards or agreeing to do so.
  3. Prohibition against false or misleading statements or information. Chapter 2

fences and Penalties 147.

fences.

  1. Penalties.
  2. Proceedings for

fences. PART 16 Regulations

  1. Regulations.
  2. Regulations relating to accredited bodies.
  3. Regulations relating to register

intercountry adoptions.

  1. Regulations relating to Hague Convention.
  2. Regulations relating to transfer

child from State for adoption in receiving state. 155. Laying

regulations before Houses

Oireachtas. PART 17 Consequential Amendments to Other Acts

  1. References to adoptions, etc.
  2. Amendment

Adoptive Leave Act

  1. Amendment

Child Care Act

  1. Amendment

Civil Registration Act

  1. Amendment

section 99

(1)

Defence Act

  1. Amendment

section 46

(1)

Freedom

Information Act

  1. Amendment

section 2

(1)

Guardianship

Infants Act

  1. Amendment

Married Women’s Status Act

  1. Amendment

section 20

(9)

Ministerial and Parliamentary

fices Act

  1. Amendment

paragraph 1

(2)

First Schedule to

ficial Languages Act

  1. Amendment

section 6A

(6)(b)

Oireachtas (Allowances to Members) Act 1938. 167. Amendment

Part II

First Schedule to Ombudsman Act 1980. 168. Amendment

Part 2

Schedule 1 to Ombudsman for Children Act 2002. 169. Amendment

section 2

(1)

Parental Leave Act

  1. Amendment

section 6

(2)(b)

Prosecution

fences Act

  1. Amendment

Social Welfare Consolidation Act 2005. 172. Amendment

Status

Children Act

  1. Amendment

section 4A

Succession Act

  1. Amendment

Taxes Consolidation Act

  1. Amendment

various other statutes. 176. Savers. SCHEDULE 1 Repeals and Revocations PART 1 Acts Repealed PART 2 Statutory Instruments Revoked SCHEDULE 2 Text

Hague Convention Convention on Protection

Children and Co-Operation in Respect

Intercountry Adoption SCHEDULE 3 Particulars

Adoptions to be entered in adopted children register SCHEDULE 4 Amendment

Second Schedule to Civil Registration Act 2004 Acts Referred to Adoption Act 1952 1952, No. 25 Adoption Act 1964 1964, No. 2 Adoption Act 1974 1974, No. 24 Adoption Act 1976 1976, No. 29 Adoption Act 1988 1988, No. 30 Adoption Act 1991 1991, No. 14 Adoption Act 1998 1998, No. 10 Adoption Acts 1952 and 1964 Adoption Acts 1952 to 1976 Adoption Acts 1952 to 1998 Adoptive Leave Act 1995 1995, No. 2 Adoptive Leave Acts 1995 and 2005 Army Pensions Act 1959 1959, No. 15 Carer’s Leave Act 2001 2001, No. 19 Child Care Act 1991 1991, No. 17 Children Act 1997 1997, No. 40 Civil Liability Act 1961 1961, No. 41 Civil Registration Act 2004 2004, No. 3 Companies Act 1990 1990, No. 33 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Courts

Justice and Court

ficers (Superannuation) Act 1961 1961, No. 16 Defence Act 1954 1954, No. 18 Ethics in Public

fice Act 1995 1995, No. 22 European Parliament Elections Act 1997 1997, No. 2 Freedom

Information Act 1997 1997, No. 13 Freedom

Information (Amendment) Act 2003 2003, No. 9 Guardianship

Infants Act 1964 1964, No. 7 Health (Miscellaneous Provisions) Act 2007 2007, No. 42 Irish Nationality and Citizenship Act 1956 1956, No. 26 Judicial Separation and Family Law Reform Act 1989 1989, No. 6 Legitimacy Act 1931 1931, No. 13 Local Government Act 2001 2001, No. 37 Married Women’s Status Act 1957 1957, No. 5 Maternity Protection Acts 1994 and 2004 Medical Practitioners Act 2007 2007, No. 25 Minimum Notice and Terms

Employment Acts 1973 to 2005 Ministerial and Parliamentary

fices Act 1938 1938, No. 38 Ministerial, Parliamentary and Judicial

fices and Oireachtas Members (Miscellaneous Provisions) Act 2001 2001, No. 33

ficial Languages Act 2003 2003, No. 32 Oireachtas (Allowances to Members) Act 1938 1938, No. 34 Oireachtas (Allowances to Members) (Amendment) Act 1968 1968, No. 8 Ombudsman Act 1980 1980, No. 26 Ombudsman for Children Act 2002 2002, No. 22 Organisation

Working Time Act 1997 1997, No. 20 Parental Leave Act 1998 1998, No. 30 Parental Leave Acts 1998 and 2006 Petty Sessions (Ireland) Act 1851 14 & 15 Vic. c.93 Prosecution

fences Act 1974 1974, No. 22 Protection

Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection

Employees (Part-Time Work) Act 2001 2001, No. 45 Public Service Management (Recruitment and Appointments) Act 2004 2004, No. 33 Redundancy Payments Acts 1967 to 2007 Safety, Health and Welfare at Work Act 2005 2005, No. 10 Social Welfare Consolidation Act 2005 2005, No. 26 Standards in Public

fice Act 2001 2001, No. 31 Status

Children Act 1987 1987, No. 26 Succession Act 1965 1965, No. 27 Taxes Consolidation Act 1997 1997, No. 39 Terms

Employment (Information) Acts 1994 and 2001 Unfair Dismissals Acts 1977 to 2007 Number 21

2010 ADOPTION ACT 2010 AN ACT TO PROVIDE FOR THE DISSOLUTION

AN BORD UCHTÁLA AND THE ESTABLISHMENT

A BODY TO BE KNOWN AS ÚDARÁS UCHTÁLA NA hÉIREANN AND IN THE ENGLISH LANGUAGE AS THE ADOPTION AUTHORITY

IRELAND; TO PROVIDE FOR MATTERS RELATING TO THE ADOPTION

CHILDREN; TO GIVE THE FORCE

LAW TO THE CONVENTION ON THE PROTECTION

CHILDREN AND CO-OPERATION IN RESPECT

INTERCOUNTRY ADOPTION SIGNED AT THE HAGUE ON 29 MAY 1993; TO PROVIDE FOR THE MAKING AND RECOGNITION

INTERCOUNTRY ADOPTIONS IN ACCORDANCE WITH BILATERAL AGREEMENTS AND WITH OTHER ARRANGEMENTS; TO PROVIDE FOR THE RECOGNITION

CERTAIN ADOPTIONS EFFECTED OUTSIDE THE STATE; TO REPEAL THE ADOPTION ACTS 1952 TO 1998; TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND TO PROVIDE FOR RELATED MATTERS. [14th July, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Matters Short title. 1.— This Act may be cited as the Adoption Act 2010. Commencement. 2.—

(1)This Act comes into operation on such day or days as the Minister may appoint by order or orders, either generally or with reference to any particular purpose or provision, and different days may be appointed for different purposes or different provisions.
(2)An order under subsection
(1)may, in respect

the repeal

the Acts specified in Part 1

Schedule 1 and the revocation

the statutory instruments specified in Part 2

that Schedule effected by section 7 , appoint different days for the repeal

different Acts or different provisions

them and the revocation

different statutory instruments or different provisions

them. Interpretation. 3.—

(1)In this Act, unless the context otherwise requires— “accredited body” means a body

persons whose name is entered in the register

accredited bodies; “Adopted Children Register” means the Adopted Children Register maintained by an tArd-Chláraitheoir under section 22

the Adoption Act 1952 and continued in being by section 84 ; “Adoption Acts” means the Adoption Acts 1952 to 1998; “ adoption committee ” means a committee established by the Health Service Executive under section 36 ; “adoption order” means an order for the adoption

a child made— (

  1. a)before the establishment day, by An Bord Uchtála under the Adoption Acts, or (
  2. b)on or after the establishment day, by the Authority under this Act; “Article”, in relation to a numbered Article, means the Article so numbered

the Hague Convention and a reference to a subdivision

a numbered Article shall be read accordingly; “assessment

eligibility and suitability”, in relation to a person, means an assessment

whether or not the person— (a) comes within the classes

persons in whose favour an adoption order may by virtue

section 33 be made, and (b) is under section 34 a suitable person to have parental rights and duties in relation to a child; “the Authority” means the body established by section 94 ; “bilateral agreement” means any agreement between the Government and a non-contracting state concerning intercountry adoptions which agreement, by virtue

section 73 , has the force

law; “bilateral agreement adoption” means an adoption— (

  1. a)effected in accordance with a bilateral agreement in a state that is a party to the agreement, and (
  2. b)certified, in accordance with the agreement, by the competent authority

the state

the adoption as having been so effected; “Central Authority” means— (a) in relation to a Convention adoption, the body designated as the Central Authority by a contracting state, under Article 6 (which relates to the designation and appointment

Central Authorities) to perform the functions conferred under the Hague Convention on such authorities, (

  1. b)in relation to a bilateral agreement adoption, a body designated as the Central Authority under that agreement to perform the functions conferred under that agreement on such authorities, and (
  2. c)in relation to an intercountry adoption in the circumstances referred to in section 81 , a body designated as the Central Authority under an arrangement under that section to perform the functions conferred under that arrangement on such authorities, and in each case, in relation to functions performable in the State, means the Authority; “chief executive

ficer” means the person appointed to be the chief executive

ficer

the Authority under section 103 ; “child” means any person who is under the age

18 years; “contracting state” means a state, other than any state to whose accession to the Hague Convention the State has raised an objection pursuant to Article 44 (which relates to accession to the Hague Convention), in respect

which the Hague Convention has entered into force in accordance with Article 46 and shall be read so that this Act shall have effect in relation to— (

  1. a)if a contracting state has declared under Article 45 (which makes special provision for states with 2 or more territorial units) that the Hague Convention shall extend to one or more than one territorial unit within that state, that unit or those units, and (
  2. b)each other contracting state; “Convention adoption” means an intercountry adoption effected in accordance with the Hague Convention in a contracting state and for which a certificate under paragraph

(1)

Article 23

(which relates to recognition

adoptions certified by the competent authority

the state

adoption) has been provided; “ declaration

eligibility and suitability ” means a declaration issued by the Authority under section 40 ; “domestic adoption” means the adoption

a child who was habitually resident in the State before his or her adoption by a person or persons habitually resident in the State; “establishment day” means the establishment day appointed under section 6 ; “financial year”, in relation to the Authority, means a period

12 months ending on 31 December in any year and, in the case

the first financial year

the Authority, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls; “guardian”, in relation to a child, means a person who— (a) is a guardian

the child pursuant to the Guardianship

Infants Act 1964 , or (b) is appointed to be a guardian

the child by— (

  1. i)deed or will, or (
  2. ii)order

a court in the State, and has not been removed from

fice; “Hague Convention” means the Convention on Protection

Children and Co-operation in respect

Intercountry Adoption, 1993, the text

which, subject to subsection

(3), is set out for convenience

reference in Schedule 2 ; “interim order” means an order under section 44 ; “intercountry adoption” means the adoption

a child habitually resident in a state (the “state

origin”), whether a contracting state or non-contracting state, who has been, is being or is to be transferred into another state (the “receiving state”)— (a) after the child’s adoption in the state

origin by a person or persons habitually resident in the receiving state, or (b) for the purposes

an adoption, in either the receiving state or the state

origin, by a person or persons habitually resident in the receiving state; “intercountry adoption effected outside the State” means— (a) an adoption

a child effected outside the State at any time before the establishment day that, at that time, conformed to the definition

“foreign adoption” in section 1

the Adoption Act 1991 , (b) an adoption, other than an intercountry adoption,

a child effected outside the State at any time on or after the establishment day that conforms to the definition

“foreign adoption” in section 1

the Adoption Act 1991 as it read on 30 May 1991, or (c) an intercountry adoption

a child effected outside the State at any time on or after the establishment day that, at that time, is in compliance with the applicable provisions

this Act and the Hague Convention; “local authority” has the same meaning as it has in the Local Government Act 2001 ; “Minister” means the Minister for Health and Children; “non-contracting state” means a state other than a contracting state; “orphan” means a child whose parents are dead; “parent”, in relation to a child, means the mother or father or both

the child, whether or not they are married to each other; “personal public service number” has the meaning assigned to it by section 262

the Social Welfare (Consolidation) Act 2005; “prescribed” means prescribed by the Minister by regulations under this Act; “receiving state”, in relation to an intercountry adoption, means the state in which the prospective adopters

a child are habitually resident; “register

accredited bodies” means the register kept under section 35

the Adoption Act 1952 as the Adoption Societies Register and continued in being under section 126 as the register

accredited bodies; “register

intercountry adoptions” means the register established under section 6

the Adoption Act 1991 as the Register

Foreign Adoptions and continued in being under section 90 as the register

intercountry adoptions; “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt

the child, whether

the whole blood,

the half-blood or by affinity and includes the spouse

any such person, relationship to the child being traced through the mother or the father; “state

origin”, in relation to a child, means the state in which the child is habitually resident before— (

  1. a)his or her adoption, or (
  2. b)his or her proposed adoption, by a person habitually resident in another state.

(2)In this Act, references to adopters shall, where the context so requires, include references to an adopter.
(3)In Schedule 2 , in a head note to a numbered Article, the descriptor following the number— (a) is not part

the Hague Convention, and (b) shall be considered to have been added editorially for convenience

reference only. References to making arrangements for adoption. 4.— In this Act, references to the making

arrangements for the adoption

a child (whether a domestic adoption or an intercountry adoption) shall be read as including references to the following activities: (a) making any agreement or arrangement for, or facilitating, the adoption or maintenance

the child by any person; (b) initiating or taking part in any negotiations the purpose or effect

which is the making

any such agreement or arrangement; (c) causing another person to initiate or take part in any such negotiations; (d)

fering to enter into negotiations on behalf

the child’s parents or prospective adopters for the purpose

arranging an adoption; (e) carrying out or making any arrangement for the carrying out

an assessment

eligibility and suitability; (f) preparing reports on assessments

eligibility and suitability; (

  1. g)providing information, advice and counselling concerning adoption to any prospective adopters; (
  2. h)providing information, advice and counselling concerning adoption to a mother or guardian who proposes to place a child for adoption; (
  3. i)providing information and advice concerning the child’s medical or other status in connection with adoption; (
  4. j)placing a child with any prospective adopters; (
  5. k)one or more

the following: (i) assisting— (I) adopted persons (18 years

age or over) in tracing their birth parents or other relatives, and (II) birth parents or other relatives (18 years

age or over)

adopted persons in tracing the adopted persons; (

  1. ii)counselling the persons described in subparagraph (i); (iii) mediating between adopted persons described in subparagraph (
  2. i)and birth parents or other relatives, both as described in that subparagraph. Supplemental provisions to section 4 in relation to certain intercountry adoptions. 5.— In addition but without prejudice to section 4 , in this Act, references to making arrangements for the adoption

a child shall be read in relation to an intercountry adoption as including references to the following activities: (a) contacting, directly or indirectly in connection with an intercountry adoption, any person, institution or authority in the child’s state

origin that is authorised by that state to make arrangements for adoption; (b) preparing pre-adoption reports for the purpose

Article 20

(which relates to Central Authorities keeping each other informed) or

any provision

a bilateral agreement; (c) transmitting to the Central Authority in the child’s state

origin the declaration

eligibility and suitability together with the assessment report prepared under section 37 and the recommendation made under section 39 . Establishment day. 6.— The Minister by order shall appoint a day as the establishment day for the purposes

this Act. Repeals and revocations. 7.—

(1)The Acts specified in Part 1

Schedule 1 are repealed to the extent specified in column

(3)

that Part

that Schedule.

(2)The statutory instruments specified in Part 2

Schedule 1 are revoked to the extent specified in column

(3)

that Part

that Schedule. Expenses. 8.— The expenses incurred by the Minister in the administration

this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out

moneys provided by the Oireachtas. PART 2 Legal Effect

Hague Convention Hague Convention to have force

law. 9.— The Hague Convention has the force

law in the State. Explanatory report. 10.—

(1)Judicial notice shall be taken

the explanatory report prepared by G. Parra-Aranguren in relation to the Hague Convention, a copy

which has been placed in the Oireachtas Library.

(2)When interpreting any provision

the Hague Convention, a court or the Authority, as the case may be, shall pay due regard to that explanatory report. PART 3 Placement for Adoption Chapter 1 Interpretation Interpretation (Part 3). 11.— In this Part— “accredited body” includes the Health Service Executive; “father”, in relation to a child, includes a person who believes himself to be the father

the child. Chapter 2 Placement

Children for Adoption Visits and enquiries pertaining to adoptions. 12.—

(1)The Authority may authorise a member or employee

the Authority or

the Health Service Executive to— (a) visit the homes

the child, the guardian

the child, the applicants for an adoption order or the recognition

an intercountry adoption effected outside the State and the person having custody

the child for the purposes

an adoption, and (b) to make enquiries on behalf

the Authority.

(2)For the purposes

this section, “guardian” does not include the mother or father

the child. Restriction on placing child for adoption. 13.— An accredited body shall not place a child for adoption unless— (a) the child has attained the age

6 weeks, (

  1. b)it does so only for adoption purposes under this Act, and (
  2. c)it does so in accordance with this Act and the Hague Convention, in particular with Article 17 (which relates to when the state

origin may entrust a child to prospective adopters). Explanation to mother or guardian as to effect

adoption. 14.— Where the mother or guardian

a child proposes to place the child with an accredited body for adoption, the accredited body, before accepting the child, shall— (

  1. a)furnish the mother or guardian with a statement in writing explaining— (
  2. i)that a placement for adoption is the beginning

the adoption process, (ii) the effect

a placement for adoption upon the rights

a mother or guardian, (iii) the effect

an adoption order upon the rights

a mother or guardian, and (iv) the requirements specified in sections 26 to 28 in respect

the consents necessary under this Act in relation to an adoption order, (

  1. b)ensure that the mother or guardian understands the statement and signs a document to that effect, and (
  2. c)provide information, advice and counselling to the mother or guardian concerned. Care

child pending placement. 15.—

(1)Where a child has been placed with an accredited body for adoption, the accredited body, in accordance with such regulations as the Minister may make respecting arrangements— (a) for the care

children, and (b) for securing generally their welfare, may arrange for appropriate care for the child, subject to the accredited body’s control and supervision, pending the placement

the child for adoption.

(2)Section 23P

the Child Care Act 1991 does not apply to— (a) the making

an arrangement by an accredited body under subsection

(1), or (b) a person undertaking the care

a child under the arrangement. Right

father who wishes to be consulted. 16.—

(1)The father

a child, by notice to the Authority, may advise the Authority

his wish to be consulted in relation to— (

  1. a)a proposal by an accredited body to place the child for adoption, or (
  2. b)an application by the mother or a relative

the child for an adoption order in respect

the child.

(2)A notice under subsection
(1)shall be in writing, be in such form and contain such information as is specified by the Authority and may be given to the Authority before the birth

the child concerned. Pre-placement consultation procedure. 17.—

(1)Where an accredited body proposes to place a child for adoption— (a) the accredited body, in writing and in a form approved by the Authority, shall request the Authority to provide it with a copy

any notice received by the Authority from the father

the child under section 16

(1), and (
  1. b)the Authority— (
  2. i)as soon as practicable shall provide the notice, if any, to the accredited body, or (
  3. ii)if at the time

the request the Authority has not received the notice, so inform the accredited body and afterwards, if the Authority receives the notice, forthwith provide it to the accredited body.

(2)Subject to this section and section 18 , where an accredited body proposes to place a child for adoption, the accredited body, before placing the child for adoption, shall take such steps as are reasonably practicable to consult the father for the purpose

— (a) informing him

the proposed placement, (b) explaining to him the legal implications

, and the procedures related to, adoption, and (c) ascertaining whether or not he objects to the proposed placement.

(3)Where the father indicates to the accredited body that he— (
  1. a)has no objection to the placement, the accredited body, at any time afterwards, may place the child for adoption, or (
  2. b)objects to the proposed placement

the child for adoption, the accredited body shall— (i) notify the father and the mother in writing in the prescribed manner that the accredited body is deferring the placement for a period specified in the notice, not being less than 21 days, commencing on the date

the notice, for the purpose

affording the father an opportunity to make an application to court under section 6A or 11

(4)

the Guardianship

Infants Act 1964 , and (ii) defer the placement in accordance with the notification.

(4)Where an accredited body receives a notice that an application to court referred to in subsection
(3)(b)(i) has been made in relation to a child, the accredited body shall not place the child for adoption until the proceedings are concluded.
(5)Where an accredited body has not received— (a) a notice referred to in subsection
(4)within the deferral period referred to in subsection
(3)(b)(i), and (
  1. b)any indication from the father under paragraph (
  2. a)or (b)

subsection

(3)within 21 days

informing the father under subsection

(2)(a)

the proposed placement

the child, the accredited body, at any time thereafter, unless it receives a notice referred to in subsection

(4), may place the child for adoption.
(6)A party to an application to court referred to in subsection
(3)(b)(i) may apply to the court for, and the court may grant, an order it considers appropriate to expedite the proceedings on the application in the best interests

the child, including but not limited to an order— (

  1. a)for substituted service, or (
  2. b)for abridging the time fixed by rules

court for taking any step or doing any act in the proceedings. Where father not consulted. 18.—

(1)If an accredited body is unable to consult the father

a child for the purposes

section 17

(2), the accredited body, in a form and manner approved by the Authority, shall notify the Authority to that effect.
(2)If satisfied that the accredited body has taken such steps as are reasonably practicable to consult the father, the Authority may authorise the accredited body to place the child for adoption.
(3)At any time after being so authorised under subsection
(2)the accredited body may place the child for adoption, but only if the accredited body has not been contacted by the father indicating that he objects to the placement.
(4)Where, on an application by an accredited body that proposes to place a child for adoption, the Authority is satisfied that, having regard to— (a) the nature

the relationship between the father and mother, or (b) the circumstances

the conception

the child, it is inappropriate for the accredited body to contact the father in respect

the placement

the child— (i) the Authority, after first obtaining the approval

the High Court, may authorise the accredited body to place the child for adoption, and (ii) at any time after being so authorised, the accredited body may place the child for adoption.

(5)If the identity

the father

a child is unknown to an accredited body and the mother refuses to reveal the father’s identity, the accredited body— (

  1. a)shall counsel the mother in order to attempt to obtain her co-operation, indicating to her— (
  2. i)that the adoption may be delayed, (
  3. ii)the possibility

the father contesting the adoption at a later date, (iii) that the absence

information about the medical, genetic and social background

the father may be detrimental to the health, development or welfare

the child, and (

  1. iv)such other matters as the accredited body considers are appropriate in the circumstances, and (
  2. b)if the mother, after counselling, continues to refuse to reveal the identity

the father, shall furnish the Authority with a written report

the counselling that the accredited body has provided.

(6)Where the Authority receives a written report referred to in subsection
(5)(
  1. b)and is satisfied that the accredited body— (
  2. a)has taken such steps as are reasonably practicable to obtain the co-operation

the mother, and (b) has no other practical way

ascertaining the father’s identity, then— (i) the Authority, after first obtaining the approval

the High Court, may authorise the accredited body to place the child for adoption, and (ii) at any time after being so authorised, if the accredited body has not ascertained the father’s identity, the accredited body may place the child for adoption.

(7)Where the mother

a child provides an accredited body with a statutory declaration stating that she is unable to identify the father, then— (a) the Authority, after first obtaining the approval

the High Court, may authorise the accredited body to place the child for adoption, and (b) the accredited body, at any time thereafter, may place the child for adoption if the accredited body has no other practical way

ascertaining the father’s identity. PART 4 Domestic Adoptions and Intercountry Adoptions Chapter 1 Adoption Orders and Consents to Adoption Orders Welfare

child. 19.— In any matter, application or proceedings before— (

  1. a)the Authority, or (
  2. b)any court, relating to the question

the arrangements for the adoption

a child, for the making

an adoption order or for the recognition

an intercountry adoption outside the State, the Authority or the court, in deciding that question, shall regard the welfare

the child as the first and paramount consideration. Authority’s power to make adoption order or recognise intercountry adoption effected outside State. 20.—

(1)On the application

a person, or persons if they are a married couple, desiring to adopt a child, the Authority may make an adoption order for the adoption

the child by the applicant or applicants, as the case may be.

(2)On the application

the adopters

a child adopted in an intercountry adoption effected outside the State, the Authority may recognise the intercountry adoption effected outside the State.

(3)Where the applicants are a married couple— (a) the adoption order shall be for the adoption

the child by them jointly, or (b) the recognition referred to in subsection

(2)shall be for the recognition

the intercountry adoption effected outside the State

the child by them jointly.

(4)In making an adoption order, the Authority is required to take into account— (
  1. a)the relevant assessment report prepared under section 37 , and (
  2. b)the relevant declaration

eligibility and suitability if one has been issued under section 40 .

(5)In recognising an intercountry adoption effected outside the State, the Authority may take into account— (a) the relevant instrument prepared by or on behalf

the Central Authority

that other state that is the equivalent

the assessment report referred to in subsection

(4)(a), and (b) the relevant instrument prepared by or on behalf

the Central Authority

that other state that is the equivalent

a declaration

eligibility and suitability.

(6)Where an application is made to the Authority under this section, the Authority,

its own motion or on the application

an interested person, may adjourn from time to time the making

a decision whether to make or refuse to make the adoption order or to recognise the intercountry adoption effected outside the State, as the case may be. Discontinuance

proceedings for adoption order or for recognition

intercountry adoption effected outside State. 21.—

(1)By notice delivered to the Health Service Executive at any time after an application under section 20 , the applicant or applicants may discontinue the proceedings that are the subject

that application, without liability for any costs

the proceedings.

(2)The Health Service Executive, as soon as practicable after receipt

notice under subsection

(1), shall give notice

the discontinuance to the Authority, any adoption committee concerned and the birth parents

the child who was proposed to be adopted. Contribution by Health Service Executive towards adoption expenses. 22.— The Health Service Executive, at its discretion, may contribute towards the expenses incurred by any person in connection with an application under section 20 in relation to a child towards whose support that body is entitled to contribute. Children who may be adopted. 23.—

(1)The Authority shall not make an adoption order unless the child— (a) resides in the State, (b) at the date

the application, is not more than 7 years

age, (c) is an orphan or is born

parents not married to each other, and (d) has been in the care

the applicants for the prescribed period (if any).

(2)The Authority, having regard to the particular circumstances

the case, may make an adoption order notwithstanding that the child has not been in the care

the applicants for the prescribed period under subsection

(1)(d). Exception if child older than 7 years. 24.—
(1)Notwithstanding section 23
(1)(b), if satisfied that in the particular circumstances

the case it is desirable to do so, the Authority may make an adoption order in relation to a child who was more than 7 years

age at the date

the application for the order.

(2)Before making an adoption order under subsection
(1), the Authority shall give due consideration to the wishes

the child, having regard to his or her age and understanding. Correction

adoption order. 25.— The Authority,

its own motion or on the application

an interested person, may amend an adoption order by correcting any error in the particulars contained in it. Chapter 2 Consents to Adoption Orders Consents to adoption orders. 26.—

(1)The Authority shall not make an adoption order without the consent

every person, being the child’s mother or guardian or other person having charge

or control over the child, unless the Authority dispenses with the consent— (a) with the sanction

the High Court if the person whose consent is necessary is a ward

court, (b) in accordance with an authorisation

the High Court by order under this section, if— (i) the person whose consent is necessary is not a ward

court, and (ii) the High Court is satisfied that the person is incapable by reason

mental infirmity

giving consent or cannot be found, (c) in accordance with an authorisation

the High Court by order under section 31 in a case to which that section applies, or (d) in accordance with an authorisation

the High Court by order under section 54 in a case to which that section applies.

(2)A person may give consent to the making

an adoption order without knowing the identity

the applicant for the order.

(3)A consent shall be given in writing in the prescribed form.
(4)A consent may be withdrawn at any time before the making

an adoption order. Information for persons about consenting to adoption orders. 27.—

(1)A person whose consent to the making

an adoption order is necessary— (

  1. a)shall be informed before he or she gives the consent or as soon as may be after giving it— (
  2. i)that the consent may be withdrawn at any time before the making

the order, (ii) that he or she is entitled to be heard on the application for the order, and (iii)

the discretion

the High Court under subsection

(3)

section 31 , despite a subsequent withdrawal

the consent, to authorise the Authority to dispense with the consent in accordance with that section, and (

  1. b)shall be asked, on or after giving the consent, to state in writing whether he or she wishes— (
  2. i)to be informed

the date on which the Authority, if the person wishes to be heard, will hear the person or his or her counsel or solicitor on the application for the order, or (ii) otherwise to be consulted again in relation to the application for the order.

(2)If a person whose consent to the making

an adoption order is necessary states that he or she does not wish to be— (a) informed as set out in subsection

(1)(b)(i), or (b) otherwise to be consulted again as set out in subsection
(1)(b)(ii), it is not necessary so to inform or consult him or her.
(3)If the person does not so state, he or she shall be both informed and consulted in accordance with subparagraphs (i) and (ii)

subsection

(1)(b), unless he or she cannot be found, in which case the Authority is required to deal with the application as if the person had not given the consent. Validity

consent. 28.—

(1)A consent to the making

an adoption order is not valid unless given— (a) after the child concerned has attained the age

6 weeks, and (b) not earlier than 3 months before the application for adoption.

(2)The Authority shall satisfy itself that every person whose consent to the making

an adoption order is necessary and has not been dispensed with— (

  1. a)has given the consent, and (
  2. b)understands the nature and effect

the consent and

the adoption order. Enquiries on behalf

Authority. 29.—

(1)For the purposes

sections 27 and 28 , the Authority may request and authorise any person either in or outside the State whom the Authority considers suitable for the purpose to— (a) make enquiries on its behalf, and (b) report to it the results

the enquiries.

(2)The Authority is entitled, if it accepts the report as satisfactory, to regard that acceptance— (a) as sufficiently demonstrating the Authority’s compliance with section 27 as to the subject matter

the enquiries, and (b) as compliance by the Authority with section 28

(2). Consultation with father. 30.—
(1)In this section, “father”, in relation to a child, includes a person who believes himself to be the father

the child.

(2)This section applies in respect

the adoption

a child by a person who is not the father

the child.

(3)Subject to this section, on the receipt

an application for an adoption order, the Authority shall take such steps as are reasonably practicable to ensure that the father

the child is consulted in relation to the adoption.

(4)Where the Authority is satisfied that, having regard to— (a) the nature

the relationship between the father and mother, or (b) the circumstances

the conception

the child, it would be inappropriate for the Authority to consult the father in respect

the adoption

the child, the Authority, after first obtaining the approval

the High Court, may make the adoption order without consulting the father.

(5)If the identity

the father

a child is unknown to the Authority and the mother refuses or is unable to reveal the father’s identity, the Authority shall counsel the mother, indicating to her— (a) that the adoption may be delayed, (b) the possibility

the father contesting the adoption at some later date, (c) that the absence

information about the medical, genetic and social background

the father may be detrimental to the health, development or welfare

the child, and (d) such other matters as the Authority considers appropriate in the circumstances.

(6)After counselling the mother under subsection
(5), the Authority, after first obtaining the approval

the High Court, may make the adoption order without consulting the father if— (

  1. a)the mother either continues to refuse to reveal the father’s identity or provides the Authority with a statutory declaration that she is unable to identify the father, and (
  2. b)the Authority has no other practical means

ascertaining the father’s identity.

(7)The Health Service Executive or an accredited body, at the Authority’s request, shall assist in carrying out the Authority’s functions under this section. High Court may give custody

child to prospective adopters and authorise dispensing with consent to adoption. 31.—

(1)In this section— “ applicants ” means the person or persons referred to in subsection
(2)(a); “ other person ” means the person referred to in subsection
(2)(b).
(2)Where— (
  1. a)a person has or persons have applied for an adoption order, and (
  2. b)another person, whose consent to the making

the adoption order is necessary under section 26 , and who has agreed to the placing

the child concerned for adoption either— (

  1. i)fails, neglects or refuses to give his or her consent to the adoption, or (
  2. ii)having previously consented to the adoption, withdraws his or her consent, the applicants for the adoption order may apply to the High Court for an order under subsection

(3).
(3)If satisfied that it is in the best interests

the child to do so, the High Court may make an order— (a) giving custody

the child to the applicants for a specified period, and (b) authorising the Authority to dispense with the other person’s consent to the adoption

the child by the applicants, with the adoption to be effected by an adoption order made during that specified period

custody.

(4)If the other person is a ward

court, his or her consent shall not be dispensed with, pursuant to an order under this section, except with the sanction

the court which granted the order for wardship. Religion. 32.— Notwithstanding section 20 , the Authority shall not make an adoption order in any case in which the applicant or applicants, as the case may be, the child and— (a) the child’s parents, or (b) the child’s mother, if the child is born

parents not married to each other, are not all

the same religion (if

any religion), unless every person whose consent to the making

the adoption order is necessary under section 26 knows, when consenting, the religion (if any)

the applicant or each

the applicants, if they are a married couple. Chapter 3 Eligibility and Suitability to Adopt Persons eligible for adoption order or recognition

intercountry adoption effected outside State. 33.—

(1)(
  1. a)The Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, unless— (
  2. i)the applicants are a married couple who are living together, (
  3. ii)the applicant is the mother or father or a relative

the child, or (iii) the applicant, notwithstanding that he or she does not fall within subparagraph (ii), satisfies the Authority that, in the particular circumstances, the adoption is desirable and in the best interests

the child. (b) Notwithstanding paragraph (a), the Authority may recognise an intercountry adoption effected outside the State on the application

a person referred to in paragraph (a) or (c)

section 90

(3).
(2)Except as provided in subsection
(1)(a), the Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, for the adoption

a child by more than one person.

(3)Where an applicant for an adoption order is married, or an applicant, other than an applicant who is a person referred to in paragraph (a) or (c)

section 90

(3), for the recognition

an intercountry adoption effected outside the State is married, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent

the applicant’s spouse, given in the manner determined by the Authority, unless— (a) the couple are living apart under— (i) a decree

judicial separation under section 3

the Judicial Separation and Family Law Reform Act 1989 , (ii) a decree or order to like effect that was granted under the law

another jurisdiction and that is recognised in the State, or (iii) a deed

separation, (

  1. b)the spouse has deserted the applicant, or (
  2. c)conduct on the part

the spouse results in the applicant, with just cause, separating from the spouse and living apart from him or her.

(4)The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c)

section 90

(3), recognise an intercountry adoption effected outside the State, unless— (a) the applicant and, if the applicants are a married couple, each

them has attained the age

21 years, or (b) the applicants are a married couple and one

them is the mother or father or a relative

the child and either

them has attained the age

21 years.

(5)Subject to subsection
(6)and section 81 , the Authority shall not make an adoption order unless the applicant or, if the applicants are a married couple living together, each

them, is habitually resident in the State.

(6)Subsection
(5)does not prevent the Authority, for the purpose

an intercountry adoption effected in the State, from making an adoption order in favour

an applicant who, or, if the applicants are a married couple living together, each

whom, is habitually resident in— (

  1. a)another contracting state, (
  2. b)a state that has a bilateral agreement with the State, or (
  3. c)a state that has an arrangement referred to in section 81 with the State.

(7)The Authority shall issue policy guidelines respecting the circumstances in which an adoption order in favour

an applicant referred to in subsection

(1)(a)(iii) may be made. Persons suitable for adoption order or recognition

intercountry adoption effected outside State. 34.— The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c)

section 90

(3), recognise an intercountry adoption, unless the Authority is satisfied that the applicant or, if the applicants are a married couple living together, each

them— (a) is a suitable person to have parental rights and duties in respect

the child, and (b) without prejudice to the generality

paragraph (a), is

good moral character, in good health and

an age so that he or she has a reasonable expectation

being capable throughout the child’s childhood

— (i) fulfilling his or her parental duties in respect

the child, (

  1. ii)promoting and supporting the child’s development and well-being, (iii) safeguarding and supporting the child’s welfare, (
  2. iv)providing the necessary health, social, educational and other interventions for the child, and (
  3. v)valuing and supporting the child’s needs in relation to his or her— (I) identity, and (II) ethnic, religious and cultural background, (
  4. c)has adequate financial means to support the child, and (
  5. d)has been provided with appropriate information, advice and counselling concerning adoption. Chapter 4 Adoption Committees Applicants defined. 35.— In sections 36 to 39 , “applicants” means persons who apply to the Health Service Executive under section 37

(1), and, if there is only one applicant, means that applicant. Adoption committees

Health Service Executive. 36.—

(1)The Health Service Executive shall establish one or more adoption committees.
(2)The functions

an adoption committee are— (a) to advise and assist the Authority in the performance

its functions under this Act and section 6

the Child Care Act 1991 , and (b) to make recommendations to the Authority under section 39 concerning the issuance to applicants

declarations

eligibility and suitability.

(3)The membership

an adoption committee may include persons who are not employees

the Health Service Executive but have special knowledge and experience related to the purposes

the committee.

(4)The Health Service Executive may make payments to a member

an adoption committee in respect

travelling and subsistence expenses incurred by the member in relation to the business

the committee.

(5)Payments made under this section shall be in accordance with a scale determined by the Minister with the consent

the Minister for Finance. Chapter 5 Application by Prospective Adopters for Declaration

Eligibility and Suitability Application to Health Service Executive for Authority to issue declaration

eligibility and suitability. 37.—

(1)A person habitually resident in the State, or a married couple married to each other, each

whom is habitually resident in the State, may apply to the Health Service Executive for— (a) an assessment

eligibility and suitability in relation to himself, herself or themselves, and (b) the issuance by the Authority

a declaration

eligibility and suitability in accordance with that assessment.

(2)An application under subsection
(1)shall— (a) be made in writing addressed to an

fice

the Health Service Executive, (b) be made in conjunction with a separate application under this Act by the applicants for an adoption order or the recognition

an intercountry adoption including in the circumstances discussed in section 81 , and (c) specify which state is the habitual residence

the child the applicants propose to adopt under their separate application referred to in paragraph (b).

(3)As soon as practicable after the Health Service Executive receives an application under subsection
(1), the Health Service Executive shall take the following steps concerning the adoption proposed under the separate application referred to in subsection
(2)(
  1. b)or arrange for the steps to be taken by an accredited body: (
  2. a)providing information, advice and counselling to the applicants; (
  3. b)carrying out an assessment

eligibility and suitability in relation to the applicants; (c) preparing an assessment report that conforms to paragraph

(1)

Article 15

(which relates to reports by Central Authorities

receiving states) and that includes— (

  1. i)the information described in Article 15, and (
  2. ii)a finding as to the eligibility and suitability

the applicants.

(4)As soon as practicable after preparing the assessment report referred to in subsection
(3)(c), the Health Service Executive shall refer the report to an adoption committee for the latter’s recommendation to the Authority under section 39
(1). Discontinuance by applicants

proceedings for issuance

declaration

eligibility and suitability. 38.—

(1)By notice delivered to the Health Service Executive at any time after an application under section 37
(1), the applicants may discontinue the proceedings that are the subject

that application, without liability for any costs

the proceedings.

(2)As soon as practicable after receipt

notice under subsection

(1), the Health Service Executive shall give notice

the discontinuance to the Authority, the adoption committee concerned and the birth parents

the child who was proposed to be adopted. Recommendation

adoption committee regarding issuance

declaration

eligibility and suitability. 39.—

(1)As soon as practicable after the receipt

the assessment report referred to it under section 37

(4), the adoption committee shall— (
  1. a)consider the report, and (
  2. b)recommend to the Authority, in writing, whether or not, under section 40 , the Authority should issue a declaration

eligibility and suitability in favour

the applicants.

(2)A recommendation under subsection
(1)shall contain the committee’s reasons for it.
(3)The committee shall deliver a copy

the recommendation and

the assessment report to the Authority, the Health Service Executive and the applicants. Chapter 6 Authority’s Power to Issue Declarations

Eligibility and Suitability to Prospective Adopters Authority may issue declaration

eligibility and suitability. 40.—

(1)The Authority may issue a declaration

eligibility and suitability in favour

a person or a married couple married to each other who have applied under this Act to the Authority for, as may be appropriate, an adoption order, or the recognition

an intercountry adoption, in relation to a child habitually resident— (

  1. a)in the State (a domestic adoption), (
  2. b)in another contracting state (an intercountry adoption), (
  3. c)in a state that has a bilateral agreement with the State (an intercountry adoption), or (
  4. d)in the circumstances described in section 81 (an adoption in an exceptional case), in a non-contracting state that is not a party to a bilateral agreement.

(2)A declaration

eligibility and suitability may be issued only if, having considered both the assessment report prepared under section 37 and the adoption committee’s recommendation under section 39 , the Authority is satisfied— (a) that the applicant or, in the case

applicants who are a married couple living together, each

them comes within the classes

persons in whose favour an adoption order may, by virtue

section 33 , be made or an intercountry adoption may, by virtue

that section, be recognised, and (b) as to the matters specified in section 34 in relation to the applicant or, in the case

applicants who are a married couple living together, each

them.

(3)When issuing a declaration

eligibility and suitability, the Authority may include in it a statement relating to the age or state

health

a child whom the Authority considers that the applicant or applicants are suited to parent.

(4)If the Authority is not satisfied as to the matters referred to in subsection
(2), it may refuse to issue a declaration

eligibility and suitability in favour

the person or married couple referred to in subsection

(1), having first given him, her or them an opportunity to be heard.
(5)A declaration

eligibility and suitability is not to be issued or refused if the Authority has received an applicable notice

discontinuance under section 21 or 38 . Expiration

declaration

eligibility and suitability. 41.—

(1)A declaration

eligibility and suitability expires after— (a) 24 months from the date

issuance

the declaration, or (b) a further period

not more than 12 months that the Authority may specify on application made to the Authority by the person or married couple concerned within those 24 months.

(2)Notwithstanding subsection
(1), if— (
  1. a)during the 24 months referred to in that subsection, together with the further period, if any, specified by the Authority under that subsection, and (
  2. b)before the making

an adoption order, or the recognition

an intercountry adoption, for which the declaration referred to in that subsection was issued, new information about the applicant’s or applicants’ eligibility and suitability to adopt has become available or there has been a change in the relevant circumstances, the Authority, after— (i) reconsidering the declaration

eligibility and suitability, and (ii) giving the person or married couple concerned, an opportunity to be heard, may either— (I) amend the declaration

eligibility and suitability by attaching specified conditions to it, including but not limited to a condition that the eligibility and suitability

the person or married couple be reconsidered at a hearing before the Authority, or (II) withdraw the declaration if the Authority considers that it would not be proper, having regard to this Act, to make the adoption order or recognise the intercountry adoption. Proof

declaration

eligibility and suitability. 42.— A document purporting to be— (a) a copy

or extract from a declaration

eligibility and suitability, and (b) certified by an

ficer

the Authority to be a true copy

or extract from the declaration, shall— (

  1. i)be received in evidence in any legal proceedings, and (
  2. ii)until the contrary is proved, be deemed to be a true copy

or extract from the declaration and to be evidence

such declaration, without proof

the signature

the

ficer

the Authority. PART 5 Adoption Proceedings Before the Authority Hearing

applications. 43.—

(1)The following persons are entitled to be heard on an application for an adoption order: (a) the applicant; (b) the child; (c) the mother

the child; (d) the father

the child or the person who believes himself to be the father; (e) the guardian

the child; (f) the person who immediately before the placing

the child for adoption had charge

or control over the child; (g) a relative

the child; (h) a representative

— (

  1. i)an accredited body, or (
  2. ii)the Health Service Executive, which is or has been at any time concerned with the child; (
  3. i)an employee

the Authority; (j) another person whom the Authority, in its discretion, decides to hear.

(2)A person who is entitled to be heard may be represented by counsel or a solicitor.
(3)The Authority,

its own initiative or on the application

an interested person, may hear the application wholly or partly in private.

(4)Where the Authority has notice

proceedings pending in any court in regard to the custody

a child in respect

whom an application is before the Authority, the Authority shall make no order in the matter until the proceedings have been disposed

(5)For the purposes

section 53 , a reference to a person in paragraph (c) or (d)

subsection

(1)

this section shall be read in so far as it applies to a child in respect

whom an adoption order is in force or who is the subject

an intercountry adoption effected outside the State that has been recognised under this Act, as a reference to the adopters or the surviving adopter under the order or intercountry adoption effected outside the State. Interim orders as to custody in adoption proceedings. 44.—

(1)In circumstances in which it is lawful to make an adoption order, the Authority, on application for such an order, may— (
  1. a)adjourn the application for the adoption order, and (
  2. b)make an interim order, giving custody

the child to the applicant for a probationary period not exceeding 2 years.

(2)The Authority may attach, to the interim order, conditions in regard to the maintenance, education and supervision

the welfare

the child.

(3)After providing an opportunity to be heard to the person who has custody

the child under the interim order, the Authority may revoke the interim order.

(4)The Authority shall revoke the interim order at the request

— (a) the person to whom custody

the child has been given, or (b) the mother or guardian

the child.

(5)A person shall not fail or refuse to comply with a condition

an interim order made under subsection

(1). Re-adoption. 45.— Where a child’s adopters have died— (a) a further adoption order may be made in respect

the child, and (b) for the purposes

the order, the child shall be taken to be the lawful child

the deceased adopters. Power to summon witnesses, etc. 46.—

(1)For the purposes

any proceedings before it under this Act, the Authority may— (

  1. a)summon witnesses to attend before it, (
  2. b)examine on oath the witnesses attending before it, or (
  3. c)require any such witness to produce to the Authority any document in the power or control

the witness.

(2)A witness before the Authority is entitled to the same immunities and privileges as if he or she were a witness before the High Court.
(3)A person shall not— (
  1. a)on being duly summoned as a witness before the Authority, make default in attending, or (
  2. b)being in attendance as a witness, refuse to— (
  3. i)take an oath legally required by the Authority to be taken, (
  4. ii)produce any document in the witness’s power or control legally required by the Authority to be produced by the witness, or (iii) answer any question to which the Authority may legally require an answer.
(4)Where a witness (other than an applicant for an adoption order or for the recognition

an intercountry adoption effected outside the State) attends before the Authority in pursuance

a summons issued on the initiative

the Authority, the Authority, if it thinks fit, may pay to the witness a sum— (

  1. a)for expenses incurred by the witness in connection with the attendance, and (
  2. b)in accordance with a scale prescribed by the Minister, with the sanction

the Minister for Finance. Service

documents. 47.— A summons, notice or other document required or authorised by or under this Act to be issued by the Authority to any person may be served by registered post. Evidence. 48.— The Authority may take evidence orally or on affidavit. Case stated for High Court. 49.—

(1)The Authority may refer any question

law arising on an application for an adoption order or the recognition

an intercountry adoption effected outside the State to the High Court for determination.

(2)Notwithstanding subsection
(1), the Authority, unless it considers a question

law arising on an application for an adoption order or the recognition

an intercountry adoption effected outside the State to be frivolous, shall refer the question

law to the High Court for determination if requested to do so by— (a) an applicant for the order or the recognition

the intercountry adoption effected outside the State, (b) the mother or guardian

the child, or (c) any person having charge

or control over the child.

(3)The Authority shall refer any question in relation to public policy arising with respect to entries in the register

intercountry adoptions to the High Court for determination.

(4)Subject to rules

court, a question referred under this section to the High Court may be heard in private. PART 6 Related Court Proceedings Relevant adoption not to be declared invalid if declaration not in child’s best interests. 50.—

(1)A relevant adoption shall not be declared invalid by a court if, after hearing any persons who the court considers ought to be heard, it is satisfied that— (a) the declaration would not be in the best interests

the child concerned, and (b) it would be proper not to make the declaration, having regard to those interests and to the rights under the Constitution

all persons concerned.

(2)A relevant adoption, unless declared invalid by a court, shall be deemed for all purposes to be, and at all times since its making to have been valid.
(3)For the purposes

this section, “relevant adoption” means an adoption order, an intercountry adoption effected outside the State or an entry in the register

intercountry adoptions that relates to an intercountry adoption. Orders by court as to custody

children in certain cases. 51.—

(1)If, in any proceedings, an adoption order is declared invalid by a court and the child concerned is in the custody

— (

  1. a)the person or persons in whose favour the adoption order was made, or (
  2. b)any other person or persons not being the person or persons who sought the declaration

invalidity, the court shall not make an order in those proceedings as to the custody

the child except in accordance with subsection

(2).
(2)The court may make the order referred to in subsection
(1), as to the custody

the child, if— (a) the order is sought in the proceedings referred to in subsection

(1), and (b) the court is satisfied that, by reason

— (i) the fact that any person having custody

the child has been joined in the proceedings, and (ii) the other circumstances

the case, it is in the interests

justice that the question

the custody

the child should be determined in those proceedings rather than in separate proceedings.

(3)However, if the court decides, in accordance with subsection
(2), to determine the question

the custody

the child, the court shall do so subject to section 3

the Guardianship

Infants Act 1964 .

(4)Notwithstanding subsection
(1)— (
  1. a)the person or persons in whose favour an adoption order is made, or (
  2. b)any other person or persons having custody

the adopted child, shall not, without the consent

the court, be joined or otherwise heard in any proceedings in a court in which the validity

the order is an issue.

(5)In deciding whether to give consent under subsection
(4), the court may take into account submissions made to it by the Authority or by any other interested person relating to— (a) the identification, at the time

the submissions,

the person or persons concerned, or (b) any other relevant matter. PART 7 Adoption Orders in Exceptional Cases and Role

High Court Interpretation (Part ). 52.—

(1)In this Part, “parents”— (
  1. a)includes a surviving parent, and (
  2. b)in relation to a child in respect

whom an adoption order is in force or who is the subject

an intercountry adoption effected outside the State that has been recognised, means— (

  1. i)the adopters, or (
  2. ii)the surviving adopter, under the order.

(2)References in this Part to— (a) persons in whose favour the Authority has made a declaration under section 53
(1), or (b) persons applying for an adoption order, in the case

— (i) a declaration in favour

one person, or (ii) an application by one person, are references to that person. Adoption orders in relation to children where High Court order under section 54 applies. 53.—

(1)The Authority shall adjourn an application for an adoption order made to it and declare that it will make the adoption order if the High Court, by order under section 54
(2), authorises it to do so, if— (
  1. a)the Authority has heard— (
  2. i)the Health Service Executive, (
  3. ii)any persons specified in paragraphs (
  4. a)to (h)

section 43

(1)who wish to be heard, and (iii) any other person whom the Authority, in its discretion, decides to hear, (
  1. b)but for this Part, the Authority would not have power to make the order, and (
  2. c)it is satisfied that, if an order

the High Court under section 54

(2)were made in favour

the applicants in respect

the child concerned, it would be proper to make the adoption order.

(2)Where— (a) a High Court order is made under section 54
(2), and (b) an appeal against the order is not brought or the order is confirmed on appeal by the Supreme Court, then, subject to subsection
(3), at the request

the person or persons in whose favour the High Court order was made, the Authority, notwithstanding section 23 , shall make an adoption order in relation to the child to whom the High Court order applies, in favour

that person or those persons.

(3)The Authority shall not make an adoption order under subsection
(2)if the Authority is satisfied that the relevant circumstances have so changed since the date

the declaration under subsection

(1)that it would not be proper, having regard to this Act, to make the adoption order.
(4)Section 44 does not apply in relation to a request to the Authority for an adoption order under subsection
(2).
(5)Where an adoption order is made under subsection
(2)in relation to a child for whom a previous adoption order has been made, the child shall be taken, for the purposes

the first-mentioned order, to be the lawful child

the adopters under the previous order. Orders by High Court authorising Authority to make adoption orders for children whose parents fail in their duty towards them. 54.—

(1)Where applicants, in whose favour the Authority has made a declaration under section 53
(1), request the Health Service Executive to apply to the High Court for an order under this section— (
  1. a)if the Health Service Executive considers it proper to do so and an application in accordance with paragraph (
  2. b)has not been made by the applicants, the Health Service Executive may apply to the High Court for the order, and (
  3. b)if, within the period

3 months from the day on which the request was given, the Health Service Executive either— (

  1. i)by notice in writing given to the applicants, declines to accede to the request, or (
  2. ii)does not give the applicants a notice under subparagraph (i)

this paragraph in relation to the request but does not make an application under paragraph (a) for the order, the applicants may apply to the High Court for the order.

(2)On an application being made under paragraph (a) or (b)

subsection

(1), the High Court by order may authorise the Authority to make an adoption order in relation to the child in favour

the applicants, and to dispense with the consent

any person whose consent is necessary to the making

the adoption order, if— (a) having due regard for the rights, whether under the Constitution or otherwise,

the persons concerned (including the natural and imprescriptible rights

the child), the High Court is satisfied that it would be in the best interests

the child to grant the authorisation, and (b) it is shown to the satisfaction

the High Court as follows: (i) that— (I) for a continuous period

not less than 12 months immediately preceding the time

the making

the application, the parents

the child to whom the declaration under section 53

(1)relates, for physical or moral reasons, have failed in their duty towards the child, (II) it is likely that the failure will continue without interruption until the child attains the age

18 years, (III) the failure constitutes an abandonment on the part

the parents

all parental rights, whether under the Constitution or otherwise, with respect to the child, and (IV) by reason

the failure, the State, as guardian

the common good, should supply the place

the parents; (ii) that the child— (I) at the time

the making

the application, is in the custody

and has a home with the applicants, and (II) for a continuous period

not less than 12 months immediately preceding that time, has been in the custody

and has had a home with the applicants; and (iii) that the adoption

the child by the applicants is an appropriate means by which to supply the place

the parents.

(3)Before making an order under subsection
(2), the High Court, in so far as is practicable, shall give due consideration, having regard to the age and understanding

the child concerned, to his or her wishes.

(4)The High Court,

its own motion or on application to it in that behalf, may make orders— (

  1. a)adding other persons as parties to proceedings under this section, and (
  2. b)for the payment— (i)

any costs, in relation to the proceedings, that are incurred by the person and are not paid by another party, if legal aid for the proceedings under any scheme operated by or on behalf

the State for the provision

legal aid has been refused, or (ii) by the person

any costs in relation to the proceedings that are incurred by any other party.

(5)The Health Service Executive shall be joined as a party to proceedings under subsection
(1)(b).
(6)Proceedings under this section shall be heard in private.
(7)A request to the Health Service Executive under subsection
(1)— (a) may be given by handing it, or by sending it by prepaid post, to an employee

the Health Service Executive at its premises, and (b) for the purposes

subsection

(1)(b), is given to the Health Service Executive on the day on which it is handed or posted to it. Evidence to High Court. 55.—
(1)Subject to this section, the High Court shall not make an order under section 54
(2)without having heard— (a) the parents concerned (or either

them), and (b) any other persons who, in the opinion

the High Court, ought to be heard by it.

(2)Where the parents concerned (or either

them), having been requested to give evidence to the High Court at the hearing

an application for an order under section 54

(2), fail or fails, or refuse or refuses, to do so, the High Court may make the order if it thinks fit, notwithstanding the absence

the evidence

the parents (or either

them).

(3)Where the parents concerned (or either

them) fail or fails, or refuse or refuses, to respond to a request under subsection

(2), the failure or refusal may be taken by the High Court, for the purposes

subsection

(2), to be a failure or refusal by the parents (or either

them) to give evidence to the High Court at the hearing concerned.

(4)The High Court may make an order under section 54
(2)if it thinks fit, notwithstanding the absence

the evidence

the parents

the child concerned (or either

them) if— (

  1. a)the High Court is satisfied that— (
  2. i)the identity

the parents concerned (or either

them) is not known both to the persons applying for an order under section 54

(2)and to the Authority, and (
  1. ii)all appropriate measures have been taken to ascertain that identity, or (
  2. b)the High Court is satisfied that— (
  3. i)the whereabouts

the parents concerned (or either

them)— (I) at the time

the making

the application for the order, and (II) during the 12 months immediately preceding that time, are not known to the parties making the application and are not known to the Authority, and (ii) all appropriate measures have been taken to ascertain those whereabouts.

(5)If the High Court is satisfied that the parents concerned (or either

them) are incapable by reason

mental infirmity

giving reliable evidence to the High Court on the hearing

an application under paragraph (a) or (b)

section 54

(1), the High Court may— (a) dispense with the evidence

the parents (or either

them), and (b) make the order under section 54

(2)notwithstanding the absence

that evidence. Court costs. 56.—

(1)The Health Service Executive shall pay to the parents

the child concerned, in respect

any costs— (a) that are incurred by them in relation to an application under section 54

(1)or an appeal to the Supreme Court against the making

, or the refusal to make, an order under section 54

(2), (
  1. b)that are not paid by another party to the proceedings, and (
  2. c)in relation to which, legal aid under any scheme for the provision

legal aid operated by or on behalf

the State has been refused, either, as may be specified by the Court— (i) the whole or a part so specified

those costs, as taxed by a Taxing Master

the High Court, or (ii) such amount as, in the opinion

the Health Service Executive and those parents, would be equal to the amount, as may be specified,

those costs or

a part so specified

them, if they were taxed by a Taxing Master

the High Court.

(2)Where— (a) any costs

another party to the proceedings in relation to the application under section 54

(1)or the appeal are ordered by the High Court or the Supreme Court to be paid by the parents

the child concerned, and (b) legal aid in respect

those costs under any scheme for the provision

legal aid operated by or on behalf

the State has been refused, the Health Service Executive shall pay to that other party, in respect

those costs either, as may be specified by the High Court or the Supreme Court— (i) the whole or a part so specified

those costs, as taxed by a Taxing Master

the High Court, or (ii) such amount as, in the opinion

the Health Service Executive and that other party, would be equal to the amount, as may be so specified,

those costs or

a part so specified

them, if they were taxed by a Taxing Master

the High Court.

(3)Where, on an application under section 54
(1)(b)— (a) the High Court makes an order under section 54
(2)and either— (
  1. i)an appeal is not brought against the order or the order is affirmed by the Supreme Court on appeal, or (
  2. ii)the High Court refuses to make an order under section 54
(2)but, following an appeal to the Supreme Court against the refusal, the order is made, and (b) legal aid for the persons bringing the application under any scheme operated by or on behalf

the State for the provision

legal aid has been refused, the Health Service Executive shall pay to the persons bringing the application, for any costs incurred by them in relation to— (

  1. i)the application, or (
  2. ii)the application and the appeal, that are not paid by another party to the proceedings either, as may be specified by the High Court or the Supreme Court— (I) the whole or a part so specified

those costs, as taxed by a Taxing Master

the High Court, or (II) such amount as, in the opinion

the Health Service Executive and those persons, would be equal to the amount, as may be specified,

those costs or

a part so specified

them if they were taxed by a Taxing Master

the High Court. PART 8 Effects

Adoption orders and

State Recognition

Intercountry Adoptions Recognition and effects

intercountry adoption effected outside State. 57.—

(1)In this section, “competent authority” includes a person serving in another state in the capacity

a competent authority for the purposes

an intercountry adoption effected outside the State.

(2)Subject to subsections
(3)and
(4), an intercountry adoption effected outside the State that— (
  1. a)if effected at any time before the establishment day— (
  2. i)is an adoption that, at that time, conformed to the definition

“ foreign adoption” in section 1

the Adoption Act 1991 , and (ii) has been certified under a certificate issued by the competent authority

the state

the adoption as having been effected under and in accordance with the law

that state, or (b) if effected on or after the establishment day, has been certified under a certificate issued by the competent authority

the state

the adoption— (i) in the case

an adoption referred to in paragraph (b)

the definition

“ intercountry adoption effected outside the State ” in section 3

(1), as having been effected by an adopter or adopters who were habitually resident in that state at the time

the adoption under and in accordance with the law

that state, and (ii) in any other case, as having been effected in accordance with the Hague Convention or with a bilateral agreement or with an arrangement referred to in section 81 , as the case may be, unless contrary to public policy, is hereby recognised, and is deemed to have been effected by a valid adoption order made on the later

the following: (I) the date

the adoption; (II) the date on which, under section 90 , the Authority enters particulars

the adoption in the register

intercountry adoptions.

(3)Subject to subsection
(4), if an intercountry adoption effected outside the State that, under subsection
(2), is recognised and deemed to have been effected by a valid adoption order has the effect in the state

the adoption

terminating a pre-existing legal parent-child relationship, the adoption, as

the date

the deeming under that subsection, has substantially the same effect as an adoption effected by an adoption order.

(4)If an intercountry adoption effected outside the State that, under subsection
(2)is recognised and deemed to have been effected by a valid adoption order, does not have the effect in the state

the adoption

terminating a pre-existing legal parent-child relationship, the adoption, as

the date

the deeming under that subsection, has the effect, in respect

the child,

making applicable section 58 (a) but not section 58 (b). Parental rights and duties. 58.— Upon an adoption order being made, or the recognition under this Act

an intercountry adoption effected outside the State— (a) the child concerned shall be considered, with regard to the rights and duties

parents and children in relation to each other, as the child

the adopters born to them in lawful wedlock, and (b) with respect to the child, the mother or guardian

the child, and the child’s father, shall, subject to section 57 , lose all parental rights and be freed from all parental duties. Subsequent marriage

birth parents. 59.—

(1)Subject to subsection
(2)— (a) the validity

an adoption order in relation to a child born

parents not married to each other and the provisions

this Act in regard to the effects

the order are not affected by the subsequent marriage

the child’s birth parents, and (b) the Legitimacy Act 1931 does not apply to the child unless the order is set aside.

(2)Subsection
(1)does not apply where the child has been adopted by one

his or her birth parents and their subsequent marriage to each other would, apart from that subsection, legitimate the child.

(3)In that case, the Legitimacy Act 1931 applies and the adoption order ceases to be in force.
(4)Upon the re-registration

the birth

the child under section 24

the Civil Registration Act 2004 , an tArd-Chláraitheoir shall cancel the entry in the Adopted Children Register concerned and notify the Authority accordingly. Property rights. 60.—

(1)In this section, “ property ” does not include property subject to an entailed interest under a disposition made before the date

the adoption order or the recognition

an intercountry adoption effected outside the State.

(2)Where, at any time after the making

an adoption order or the recognition

an intercountry adoption effected outside the State, as the case may be, the adopters, the adopted person or any other person dies intestate in respect

any real or personal property, that property shall devolve in all respects as if the adopted person were— (a) the child

the adopters born in lawful wedlock, and (b) not the child

any other person.

(3)In any disposition

real or personal property made, whether by instrument inter vivos or by will (including codicil), after the date

an adoption order or the recognition

an intercountry adoption effected outside the State, as the case may be— (a) a reference (whether express or implied) to the child or children

the adopter or adopters shall be read, unless the contrary intention appears, as, or as including, a reference to the adopted person, (b) a reference (whether express or implied) to the child or children

the adopted person’s birth parent or parents shall be read, unless the contrary intention appears, as not being, or as not including, a reference to the adopted person, and (

  1. c)any reference (whether express or implied) to a person related to the adopted person in any degree shall be read, unless the contrary intention appears, as a reference to the person who would be related to the adopted person in that degree if the adopted person were— (
  2. i)the child

the adopters, born in lawful wedlock, and (ii) not the child

any other person.

(4)For the purposes

— (a) the devolution

any property in accordance with this section, and (b) the construction

any disposition to which subsection

(2)applies, an adopted person shall be deemed to be related to any other person being the child or adopted child

the adopters or

either

them— (i) where the adopters are a married couple and the other person is the child or adopted child

both spouses, as brother or sister

the whole blood, and (ii) in any other case, as brother or sister

the half-blood.

(5)Notwithstanding any rule

law, a disposition made by will or codicil executed before the date

an adoption order or the recognition

an intercountry adoption effected outside the State, as the case may be, shall not be treated for the purposes

this section as made after that date by reason only that the will or codicil is confirmed by a codicil executed after that date.

(6)Where an adoption order is made in respect

a person who had been previously adopted, the previous adoption shall be disregarded for the purposes

this section in relation to— (a) the devolution

any property on the death

a person dying intestate after the date

the subsequent adoption order, and (b) any disposition

property after that date.

(7)In this section references to adopters being a married couple shall be read as including references to adopters who were married to each other at the time the adoption order concerned was made or the intercountry adoption effected outside the State concerned was recognised, as the case may be, but who are no longer married to each other at the time

the disposition

property concerned. Stamp duty on land. 61.— For the purposes

the stamp duties chargeable on conveyances or transfers

land, an adopted person shall be considered as the child

the adopter or adopters born to him, her or them in lawful wedlock and not to be the child

any other person. Orders to make payment for benefit

child. 62.— Where an adoption order is made under this Act, then— (a) any order under which the birth parent

the child is required to make payments specifically for the benefit

the child, and (b) any agreement whereby the birth parent

the child has undertaken to make payments specifically for the benefit

the child, ceases to have effect, but without prejudice to the recovery

any arrears due under the order or agreement at the date

the adoption order. Transitional — foreign adoptions in process immediately before establishment day. 63.—

(1)In this section, “foreign adoption” means a foreign adoption within the meaning

section 1

the Adoption Act 1991 .

(2)If, immediately before the establishment day, a foreign adoption described in the Adoption Act 1991 is not yet effected but is still in process as provided for under that Act— (a) if the persons who applied under the Adoption Act 1991 had been issued with a declaration

eligibility and suitability before the establishment day, the adoption may proceed under this Act as if— (i) it were commenced under this Act and the date

the issue

the declaration were that day, (ii) the persons had applied under section 37

this Act, and (iii) section 40

(1)(b)

this Act read “in another contracting state or a state that, in the opinion

the Authority, applied standards regarding the adoption concerned that accord with those in the Hague Convention”, and (b) in any other case, the adoption may proceed under this Act as if it were commenced under this Act. PART 9 Intercountry Adoptions Chapter 1 Provisions Relating Generally to Intercountry Adoptions Competent authority. 64.— The Authority is the competent authority in the State for the purposes

the Hague Convention. Competent authority for certifying that adoptions accord with Hague Convention. 65.— Without prejudice to the generality

section 64 , the Authority is the competent authority for the purpose

certifying— (a) under Article 23 (which relates to the recognition

an adoption certified by the competent authority

the state

adoption), adoptions effected in the State in accordance with the Hague Convention, and (b) under Article 27 (which relates to conversion

adoptions in the state

origin into adoptions terminating pre-existing legal parent-child relationships), the conversion

adoptions recognised in the State. Role

Authority as Central Authority. 66.—

(1)The Authority is designated as the Central Authority to perform in the State the functions conferred on the Central Authority under this Act or by virtue

the Hague Convention.

(2)Subject to subsection
(3)and Article 22 (which relates to the performance

Central Authority functions by public authorities), the Authority may delegate in writing one or more

its functions as the Central Authority to the Health Service Executive or such accredited bodies as the Authority may specify.

(3)The following functions may not be delegated by the Authority: (a) as the Central Authority

the receiving state— (i) issuing, in accordance with paragraph

(1)

Article 15

(which relates to reports by Central Authorities

receiving states), a declaration

eligibility and suitability as part

the report referred to in that Article, and (ii) arranging the return

a child under paragraph

(1)(c)

Article 21

(which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State), if the child’s interests so require; (b) as the Central Authority

the state

origin— (i) transmitting to the Central Authority

the receiving state the report referred to in Article 16 (which relates to reports by the Central Authorities

states

origin), proof that the necessary consents have been obtained and the reasons for the Authority’s determination concerning the placement, and (ii) deciding, in accordance with Article 17 (which relates to when the state

origin may entrust a child to prospective adoptive parents), whether the child should be entrusted to prospective adopters. Procedural arrangements for cases where State is receiving state. 67.—

(1)For the purposes

the application

the Hague Convention in the State, subsections

(2)to
(5)have effect.
(2)For the purpose

Article 14

(which relates to making applications for adoption to the Central Authority), an application to adopt a child habitually resident in another contracting state is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf

those persons by the Health Service Executive together with— (

  1. a)the assessment report prepared under section 37 , and (
  2. b)the recommendation made under section 39 , in relation to those persons.

(3)For the purpose

Article 17

(which provides for limits on the state

origin entrusting a child to prospective adoptive parents), the approval

the Authority is required before any decision is made in the state

origin that the child should be entrusted to prospective adopters.

(4)For the purpose

determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied as to compliance with Article 5 (which relates to when a Convention adoption may take place) and Article 17.

(5)Without prejudice to the functions

the Health Service Executive under any other enactment, the Health Service Executive shall perform on behalf

the Authority the latter’s functions as the Central Authority— (

  1. a)in keeping the other Central Authorities informed as set out in Article 20 (which requires Central Authorities to keep each other informed), and (
  2. b)in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph

(1)

Article 21

(which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State). State as receiving state: adoption orders for children placed for adoption in State. 68.—

(1)Subject to subsection
(2), the Authority may make an adoption order in relation to a child who— (a) was transferred to the State from the child’s state

origin, in accordance with Article 17 (which relates to when the state

origin may entrust a child to prospective adoptive parents), and (b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.

(2)The Authority may make an adoption order under subsection
(1)only on the application

the prospective adopters with whom the child was placed and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions

this Act have been met, and (b) where the consent

a birth parent

the child is necessary and has not been given, if the High Court has made an order— (i) under section 31

(3)(
  1. b)authorising the Authority to dispense with consent as described in that provision, or (
  2. ii)under section 54 authorising the Authority to make an adoption order in relation to the child. Conversion

certain adoptions effected in contracting states and recognised in State. 69.—

(1)Subject to subsection
(2), the Authority may make an adoption order for the purpose

the conversion, in accordance with Article 27 (which relates to conversion

adoptions in the state

origin to adoptions terminating pre-existing legal parent-child relationships),

a Convention adoption that does not have the effect

terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who— (a) was transferred to the State from the child’s state

origin, in accordance with Article 17 (which relates to when the state

origin may entrust a child to prospective adoptive parents), and (b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.

(2)The Authority may make an adoption order under subsection
(1)only on the application

the adopters

the child and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions

this Act have been met, and (b) where the consent

a birth parent

the child is necessary and has not been given, if the High Court has made an order— (i) under section 31

(3)(
  1. b)authorising the Authority to dispense with consent as described in that provision, or (
  2. ii)under section 54 authorising the Authority to make an adoption order in relation to the child. Transfer

child from State for purpose

adoption in receiving state. 70.— A child may be transferred from the State to another contracting state for the purpose

adoption in that state in accordance with the Hague Convention, but such a transfer may take place only— (

  1. a)if the following are satisfied: (
  2. i)Article 4 (which relates to when an adoption may take place); (
  3. ii)Article 5 (which relates further to when an adoption may take place); (iii) Article 15 (which relates to reports by the Central Authorities

receiving states); (iv) Article 16 (which relates to reports by the Central Authorities

states

origin); (v) Article 17 (which relates to when the state

origin may entrust a child to prospective adoptive parents); (vi) Article 18 (which relates to Central Authorities obtaining permissions for a child to leave his or her state

origin), (b) in accordance with Article 17 (which relates to when the state

origin may entrust a child to prospective adoptive parents)— (

  1. i)the Authority decides that the child should be entrusted to the prospective adopters, and (
  2. ii)the Central Authority

the receiving state approves that decision, and (c) if the transfer takes place in secure and appropriate circumstances and in the company

the adopters or prospective adopters. Discussions relating to agreements under Article 39. 71.—

(1)The Authority, with the prior consent

the Minister, may enter into discussions with any contracting state concerning— (a) the possibility

the State entering into an agreement under paragraph

(2)

Article 39

(which makes provision for international instruments on matters governed by the Hague Convention) with that contracting state, and (b) the terms and conditions

the agreement.

(2)If the State, before or after the commencement

this section, has entered into an agreement under paragraph

(2)

Article 39

with a contracting state, with a view to improving the application

the Convention in their mutual relations, the Minister shall cause the agreement to be laid before each House

the Oireachtas.

(3)If an agreement referred to in subsection
(2)is amended, the Minister shall cause the amended agreement to be laid before each House

the Oireachtas.

(4)The agreement, and any amended agreement, has the force

law from the date on which it is entered into and for so long as it is in effect.

(5)Judicial notice shall be taken

an agreement, or an amended agreement, under paragraph

(2)

Article 39(which makes provision for international instruments on matters governed by the Hague Convention). Administrative arrangements with contracting states. 72.—

(1)The Authority may enter into administrative arrangements with any contracting state concerning the processing

applications— (a) made to the Authority by persons habitually resident in the State for the adoption

a child habitually resident in the contracting state, or (b) made to the Central Authority

a contracting state by persons habitually resident in the contracting state for the adoption

a child habitually resident in the State.

(2)The Authority may terminate any administrative arrangement entered into under this section. Chapter 2 Bilateral Agreements and other Arrangements Concerning Intercountry Adoptions Discussions and agreements with non-contracting states. 73.—
(1)The Authority, with the prior consent

the Minister and having regard for the principles

the Hague Convention, may enter into discussions with any non-contracting state concerning the possibility

the Government entering into a bilateral agreement with that state.

(2)If the Government, before or after the commencement

this section, has entered into a bilateral agreement with a non-contracting state concerning intercountry adoption, the Minister shall cause the agreement to be laid before each House

the Oireachtas.

(3)If a bilateral agreement referred to in subsection
(2)is amended, the Minister shall cause the amended agreement to be laid before each House

the Oireachtas.

(4)Judicial notice shall be taken

a bilateral agreement, or an amended bilateral agreement, from the date on which it is laid before the Houses. Administrative arrangements with states that have bilateral agreements. 74.—

(1)The Authority may enter into an administrative arrangement with another state that is a party to a bilateral agreement if that arrangement concerns the processing

applications— (a) made to the Authority by persons habitually resident in the State for the adoption

a child habitually resident in that other state, or (b) made to the Central Authority

the other state by persons habitually resident in that other state for the adoption

a child habitually resident in the State.

(2)The Authority may terminate any administrative arrangement entered into under this section. Role

Authority as Central Authority under bilateral agreement. 75.—

(1)The Authority is designated as the Central Authority to perform in the State the functions conferred on the Central Authority by this Chapter or under a bilateral agreement.
(2)Subject to subsection
(3)and any restrictions in the bilateral agreement, the Authority may delegate in writing to the Health Service Executive, or to such accredited bodies as the Authority may specify, one or more

its functions as the Central Authority under a bilateral agreement.

(3)The following functions may not be delegated by the Authority: (a) as the Central Authority

the receiving state— (i) issuing, in the circumstances described in paragraph

(1)

Article 15

(which relates to reports by Central Authorities

receiving states), a declaration

eligibility and suitability, (ii) arranging a new placement

, or alternative long-term care for, a child if the child is withdrawn from placement with his or her prospective adopters in accordance with the bilateral agreement, and (iii) arranging the return

a child to his or her state

origin, if the child’s interests so require; (b) as the Central Authority

the state

origin and in accordance with a bilateral agreement— (

  1. i)ensuring that necessary consents have been obtained, (
  2. ii)determining whether the envisaged placement is in the best interests

the child concerned, (iii) transmitting to the Central Authority

the receiving state the report on the child, proof that the necessary consents have been obtained and the reasons for the Authority’s determination as to whether the envisaged placement is in the child’s best interests, and (iv) deciding whether the child should be entrusted to prospective adopters. Competent authority for certifying that adoptions accord with bilateral agreement. 76.—

(1)Without prejudice to the generality

section 64 , the Authority is the competent authority for the purpose

certifying— (

  1. a)adoptions effected in the State in accordance with a bilateral agreement, and (
  2. b)the conversion

adoptions that were effected in another state that is a party to a bilateral agreement and that are recognised in the State.

(2)A certificate

the Authority that an adoption was effected in accordance with a bilateral agreement shall specify when the Authority and the Central Authority

the other state agreed to the adoption proceeding. Procedural arrangements where State is receiving state under bilateral agreement. 77.—

(1)This section has effect for the purposes

the application

a bilateral agreement in the State.

(2)For the purposes

a bilateral agreement, an application to adopt a child habitually resident in another state (that is a party to the agreement) is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf

those persons by the Health Service Executive, together with— (

  1. a)the assessment report prepared under section 37 , and (
  2. b)the recommendation made under section 39 , in relation to those persons.

(3)The approval

the Authority is required before any decision is made in the state

origin that the child should be entrusted to prospective adopters.

(4)For the purpose

determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied that— (

  1. a)the prospective adopters are eligible and suited to adopt, (
  2. b)the prospective adopters have been counselled as may be necessary, and (
  3. c)the child is or will be authorised under the law to enter and reside permanently in the State.

(5)Without prejudice to the functions

the Health Service Executive under any other enactment, the Health Service Executive shall perform on behalf

the Authority the latter’s functions as the Central Authority— (

  1. a)in keeping the other Central Authorities informed as set out in Article 20 (which relates to Central Authorities keeping each other informed), and (
  2. b)in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph

(1)

Article 21

(which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving state). State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State. 78.—

(1)Subject to subsection
(2), the Authority may make an adoption order in relation to a child who— (a) was transferred to the State from the child’s state

origin in accordance with a bilateral agreement, and (b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.

(2)The Authority may make an adoption order under subsection
(1)only on the application

the prospective adopters with whom the child was placed and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions

this Act have been met, and (b) where the consent

a birth parent

the child is necessary and has not been given, if the High Court has made an order— (i) under section 31

(3)(
  1. b)authorising the Authority to dispense with consent as described in that provision, or (
  2. ii)under section 54 authorising the Authority to make an adoption order in relation to the child.
(3)For the purpose

this section, Article 4 (which relates to when an adoption may take place) is applicable in respect

a bilateral agreement. Conversion

certain adoptions effected under bilateral agreement in another state and recognised in the State. 79.—

(1)Subject to subsection
(2), the Authority may make an adoption order for the purpose

the conversion, in accordance with Article 27 (which relates to conversion

adoptions in state

origin to adoptions terminating pre-existing legal parent-child relationships),

a bilateral agreement adoption that does not have the effect

terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who— (a) was transferred to the State from the child’s state

origin in accordance with a bilateral agreement, and (b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.

(2)The Authority may make an adoption order under subsection
(1)only on the application

the adopters

the child and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions

this Act have been met, and (b) where the consent

a birth parent

the child is necessary and has not been given, if the High Court has made an order— (i) under section 31

(3)(
  1. b)authorising the Authority to dispense with consent as described in that provision, or (
  2. ii)under section 54 authorising the Authority to make an adoption order in relation to the child.
(3)For the purpose

this section, Article 17 (which relates to when state

origin may entrust a child to prospective adoptive parents) and Article 4 are applicable in respect

a bilateral agreement. Transfer

child from State for purpose

adoption in receiving state. 80.— A child may be transferred from the State to a non-contracting state for the purpose

adoption in that state in accordance with a bilateral agreement, but such a transfer may take place only in accordance with the agreement, and, in particular, if— (a) the requirements

the agreement as to consents to the adoption have been satisfied, (b) the Central Authority

the receiving state has— (

  1. i)determined that the prospective adopters are eligible and suited to adopt, (
  2. ii)ensured that the prospective adopters have been counselled as may be necessary, and (iii) determined that the child is or will be authorised to enter and reside permanently in the receiving state, (
  3. c)the Authority has decided, in accordance with the agreement, that the child should be entrusted to the prospective adopters, (
  4. d)the Central Authority

the receiving state has approved that decision, and (e) the transfer takes place in secure and appropriate circumstances and in the company

the adopters or prospective adopters. Chapter 3 Arrangement in Exceptional Case with a Non-Contracting State Exceptional case involving specific child. 81.—

(1)The Authority may enter into an arrangement with a non-contracting state that is not a party to a bilateral agreement if— (a) the arrangement relates to the adoption

a specific child by prospective adopters habitually resident either in the State or in the non-contracting state, (b) a declaration

eligibility and suitability in the State, or an equivalent instrument in the non-contracting state, has been issued for the prospective adopters, (c) the prospective adopters are relatives

the child, and (d) the Authority is satisfied that the standards that are being or will be applied to the adoption accord with those

the Hague Convention.

(2)An arrangement made under subsection
(1)may not be used by the Authority for the purpose

— (

  1. a)an adoption under an adoption order, or (
  2. b)the recognition

an intercountry adoption effected outside the State, other than the adoption or the recognition

the adoption

the specific child to whom the arrangement relates. Chapter 4 Duty to Inform State about Adopted Child First Entering State Duty to inform Health Service Executive and Authority

child’s entry. 82.—

(1)Where a child enters the State for the first time after his or her adoption by adopters habitually resident in the State, they shall notify the Health Service Executive and the Authority

the child’s entry as soon as practicable and, in any event, not later than 3 months after the date

entry.

(2)Where a child enters the State for the purpose

being adopted in the State by prospective adopters who are habitually resident in the State, they shall notify the Health Service Executive and the Authority

the child’s entry as soon as practicable and, in any event, not later than 3 months after the date

entry. PART 10 Adopted Children Register and Register

Intercountry Adoptions Chapter 1 Adopted Children Register Authority to send particulars to Ard-Chláraitheoir for entries in Adopted Children Register. 83.— The Authority shall send to an tArd-Chláraitheoir the particulars necessary to enable him or her to comply with this Part. Adopted Children Register. 84.—

(1)The Adopted Children Register maintained by an tArd-Chláraitheoir in accordance with section 22

the Adoption Act 1952 shall, notwithstanding the repeal

that section by section 7

(1)— (
  1. a)continue in being, and (
  2. b)be kept and maintained by an tArd-Chláraitheoir in accordance with this Chapter.
(2)An entry shall be made in the Adopted Children Register with respect to each adopted child who is the subject

an adoption order made by the Authority.

(3)Each entry shall contain the particulars specified in Schedule 3 .
(4)If the date

the adopted child’s birth is unknown— (a) the Authority shall determine the probable date

birth, and (b) that date shall be entered in the Adopted Children Register as the adopted child’s date

birth.

(5)If the Authority subsequently ascertains the actual date

the child’s birth— (a) the determination referred to in subsection

(4)shall be cancelled, and (b) both the adoption order in respect

the child and the entry in the Adopted Children Register made under subsection

(4)shall be correspondingly amended to show that actual date.
(6)The country

birth

the child shall be entered in the Adopted Children Register if the Authority,

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.