Adoption Act 2010 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2010 Adoption Act 2010 Adoption Act 2010 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 21 of 2010 ADOPTION ACT 2010 ARRANGEMENT OF 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 of Hague Convention 9. Hague Convention to have force of law.
10.Explanatory report.
PART 3
Placement for Adoption
Chapter 1
Interpretation 11. Interpretation (Part 3).
Chapter 2
Placement of Children for Adoption 12. Visits and enquiries pertaining to adoptions.
13.Restriction on placing child for adoption.
14.Explanation to mother or guardian as to effect of adoption.
15.Care of child pending placement.
16.Right of father who wishes to be consulted.
17.Pre-placement consultation procedure.
18.Where father not consulted.
PART 4
Domestic Adoptions and Intercountry Adoptions
Chapter 1
Adoption Orders and Consents to Adoption Orders 19. Welfare of child.
20.Authority’s power to make adoption order or recognise intercountry adoption effected outside State.
21.Discontinuance of proceedings for adoption order or for recognition of intercountry adoption effected outside State.
22.Contribution by Health Service Executive towards adoption expenses.
23.Children who may be adopted.
24.Exception if child older than 7 years.
25.Correction of adoption order.
Chapter 2
Consents to Adoption Orders 26. Consents to adoption orders.
27.Information for persons about consenting to adoption orders.
28.Validity of consent.
29.Enquiries on behalf of Authority.
30.Consultation with father.
31.High Court may give custody of child to prospective adopters and authorise dispensing with consent to adoption.
32.Religion.
Chapter 3
Eligibility and Suitability to Adopt 33. Persons eligible for adoption order or recognition of intercountry adoption effected outside State.
34.Persons suitable for adoption order or recognition of intercountry adoption effected outside State.
Chapter 4
Adoption Committees 35. Applicants defined.
36.Adoption committees of Health Service Executive.
Chapter 5
Application by Prospective Adopters for Declaration of Eligibility and Suitability 37. Application to Health Service Executive for Authority to issue declaration of eligibility and suitability.
38.Discontinuance by applicants of proceedings for issuance of declaration of eligibility and suitability.
39.Recommendation of adoption committee regarding issuance of declaration of eligibility and suitability.
Chapter 6
Authority’s Power to Issue Declarations of Eligibility and Suitability to Prospective Adopters 40. Authority may issue declaration of eligibility and suitability.
41.Expiration of declaration of eligibility and suitability.
42.Proof of declaration of eligibility and suitability.
PART 5
Adoption Proceedings Before the Authority 43. Hearing of applications.
44.Interim orders as to custody in adoption proceedings.
45.Re-adoption.
46.Power to summon witnesses, etc.
47.Service of documents.
48.Evidence.
49.Case stated for High Court.
PART 6
Related Court Proceedings 50. Relevant adoption not to be declared invalid if declaration not in child’s best interests.
51.Orders by court as to custody of children in certain cases.
PART 7
Adoption Orders in Exceptional Cases and Role of High Court 52. Interpretation (Part 7).
53.Adoption orders in relation to children where High Court order under section 54 applies.
54.Orders by High Court authorising Authority to make adoption orders for children whose parents fail in their duty towards them.
55.Evidence to High Court.
56.Court costs.
PART 8
Effects of Adoption orders and of State Recognition of Intercountry Adoptions 57. Recognition and effects of intercountry adoption effected outside State.
58.Parental rights and duties.
59.Subsequent marriage of birth parents.
60.Property rights.
61.Stamp duty on land.
62.Orders to make payment for benefit of child.
63.Transitional — foreign adoptions in process immediately before establishment day.
PART 9
Intercountry Adoptions
Chapter 1
Provisions Relating Generally to Intercountry Adoptions 64. Competent authority.
65.Competent authority for certifying that adoptions accord with Hague Convention.
66.Role of Authority as Central Authority.
67.Procedural arrangements for cases where State is receiving state.
68.State as receiving state: adoption orders for children placed for adoption in State.
69.Conversion of certain adoptions effected in contracting states and recognised in State.
70.Transfer of child from State for purpose of adoption in receiving state.
71.Discussions relating to agreements under Article 39.
72.Administrative arrangements with contracting states.
Chapter 2
Bilateral Agreements and other Arrangements Concerning Intercountry Adoptions 73. Discussions and agreements with non-contracting states.
74.Administrative arrangements with states that have bilateral agreements.
75.Role of Authority as Central Authority under bilateral agreement.
76.Competent authority for certifying that adoptions accord with bilateral agreement.
77.Procedural arrangements where State is receiving state under bilateral agreement.
78.State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State.
79.Conversion of certain adoptions effected under bilateral agreement in another state and recognised in the State.
80.Transfer of child from State for purpose of adoption in receiving state.
Chapter 3
Arrangement in Exceptional Case with a Non-Contracting State 81. Exceptional case involving specific child.
Chapter 4
Duty to Inform State about Adopted Child First Entering State 82. Duty to inform Health Service Executive and Authority of child’s entry.
PART 10
Adopted Children Register and Register of Intercountry Adoptions
Chapter 1
Adopted Children Register 83. Authority to send particulars to Ard-Chláraitheoir for entries in Adopted Children Register.
84.Adopted Children Register.
85.Index to Adopted Children Register.
86.Separate index of connections between Adopted Children Register and register of births.
87.Certified copy of entry in Adopted Children Register as evidence of facts stated.
88.Privacy of adoption records.
89.Abridged certificate of entry in Adopted Children Register.
Chapter 2
Register of Intercountry Adoptions 90. Register of intercountry adoptions.
91.Certified copy of entry in register of intercountry adoptions as evidence of facts stated.
Chapter 3
Directions of High Court in Relation to Register of Intercountry Adoptions 92. Directions of High Court in relation to entries in register of intercountry adoptions.
PART 11
Proof and Registration of Intercountry Adoptions effected outside the State 93. Proof of intercountry adoptions effected outside State.
PART 12
Adoption Authority
Chapter 1
Authority Established 94. Establishment of Adoption Authority.
95.Seal of Authority.
96.Functions of Authority.
97.Rules.
98.Membership of Authority.
99.Membership of either House of Oireachtas, European Parliament or local authority.
100.Meetings of Authority.
101.Committees of Authority.
102.Remuneration and expenses of members of Authority and committees.
Chapter 2
Chief Executive Officer 103. Chief executive officer.
104.Functions of chief executive officer.
105.Accountability of chief executive officer to Public Accounts Committee.
106.Accountability of chief executive officer to other Oireachtas Committees.
Chapter 3
Accountability, Plans, Reports and Funding 107. Directions to Authority.
108.Corporate plan of Authority.
109.Grants to Authority.
110.Submission of business plan.
111.Code of governance.
112.Accounts of Authority.
Chapter 4
Standards, Codes of Conduct, Disqualification, etc.
113.Standards of integrity.
114.Codes of conduct.
115.Availability of codes of conduct.
116.Gifts.
117.Annual report.
118.Information to be furnished to Minister and Authority’s discretion to publish other reports.
119.Prohibition against unauthorised disclosure of confidential information.
120.Disqualification resulting from membership of either House of the Oireachtas, European Parliament or local authority.
121.Secondment of employees resulting from membership of either House of Oireachtas, European Parliament or local authority.
Chapter 5
Employees of Authority, etc.
122.Employees of Authority.
123.Superannuation.
124.Advisers.
PART 13
Registration of Accredited Bodies
Chapter 1
Arrangements for Adoption 125. Restrictions on making arrangements for adoption.
Chapter 2
Register of Accredited Bodies 126. Register of accredited bodies.
127.Registration of accredited bodies.
128.Renewal of registration.
129.Cancellation of registration for failure to apply for renewal.
130.Cancellation of registration for other reasons.
131.Amendment of registration.
132.Duty to notify of registration decisions.
133.Accredited bodies to furnish information to Authority and permit inspection of their records.
134.Notices in Iris Oifigiúil of registration and cancellation.
Chapter 3
Appeals Respecting Registration of Accredited Bodies 135. Appeals from decisions relating to registration.
PART 14
Dissolution of An Bord Uchtála 136. Dissolution of An Bord Uchtála.
137.Transfer of persons to be employees of Authority.
138.Transfer of property and liabilities to Authority.
139.Preservation of contracts, etc., and adaptation of references.
140.Records of An Bord Uchtála.
141.Pending legal proceedings.
142.Pending adoption proceedings.
143.References to Adoption Board in enactments made before establishment day.
PART 15
Offences
Chapter 1
Contraventions and Non-Compliance Other than as Provided in Other Parts 144. Prohibition against certain advertisements.
145.Prohibition against receiving, making or giving certain payments and rewards or agreeing to do so.
146.Prohibition against false or misleading statements or information.
Chapter 2
Offences and Penalties 147. Offences.
148.Penalties.
149.Proceedings for offences.
PART 16
Regulations 150. Regulations.
151.Regulations relating to accredited bodies.
152.Regulations relating to register of intercountry adoptions.
153.Regulations relating to Hague Convention.
154.Regulations relating to transfer of child from State for adoption in receiving state.
155.Laying of regulations before Houses of Oireachtas.
PART 17
Consequential Amendments to Other Acts 156. References to adoptions, etc.
157.Amendment of Adoptive Leave Act 1995.
158.Amendment of Child Care Act 1991.
159.Amendment of Civil Registration Act 2004.
160.Amendment of section 99(1) of Defence Act 1954.
161.Amendment of section 46(1) of Freedom of Information Act 1997.
162.Amendment of section 2(1) of Guardianship of Infants Act 1964.
163.Amendment of Married Women’s Status Act 1957.
164.Amendment of section 20(9) of Ministerial and Parliamentary Offices Act 1938.
165.Amendment of paragraph 1(2) of First Schedule to Official Languages Act 2003.
166.Amendment of section 6A(6)(b) of Oireachtas (Allowances to Members) Act 1938.
167.Amendment of Part II of First Schedule to Ombudsman Act 1980.
168.Amendment of Part 2 of Schedule 1 to Ombudsman for Children Act 2002.
169.Amendment of section 2(1) of Parental Leave Act 1998.
170.Amendment of section 6(2)(b) of Prosecution of Offences Act 1974.
171.Amendment of Social Welfare Consolidation Act 2005.
172.Amendment of Status of Children Act 1987.
173.Amendment of section 4A of Succession Act 1965.
174.Amendment of Taxes Consolidation Act 1997.
175.Amendment of various other statutes.
176.Savers.
SCHEDULE 1 Repeals and Revocations
PART 1
Acts Repealed
PART 2
Statutory Instruments Revoked SCHEDULE 2 Text of Hague Convention Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption SCHEDULE 3 Particulars of Adoptions to be entered in adopted children register SCHEDULE 4 Amendment of 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 of Justice and Court Officers (Superannuation) Act 1961 1961, No. 16 Defence Act 1954 1954, No. 18 Ethics in Public Office Act 1995 1995, No. 22 European Parliament Elections Act 1997 1997, No. 2 Freedom of Information Act 1997 1997, No. 13 Freedom of Information (Amendment) Act 2003 2003, No. 9 Guardianship of 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 of Employment Acts 1973 to 2005 Ministerial and Parliamentary Offices Act 1938 1938, No. 38 Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 2001, No. 33 Official 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 of 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 of Offences Act 1974 1974, No. 22 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of 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 Office Act 2001 2001, No. 31 Status of Children Act 1987 1987, No. 26 Succession Act 1965 1965, No. 27 Taxes Consolidation Act 1997 1997, No. 39 Terms of Employment (Information) Acts 1994 and 2001 Unfair Dismissals Acts 1977 to 2007 Number 21 of 2010 ADOPTION ACT 2010 AN ACT TO PROVIDE FOR THE DISSOLUTION OF AN BORD UCHTÁLA AND THE ESTABLISHMENT OF A BODY TO BE KNOWN AS ÚDARÁS UCHTÁLA NA hÉIREANN AND IN THE ENGLISH LANGUAGE AS THE ADOPTION AUTHORITY OF IRELAND; TO PROVIDE FOR MATTERS RELATING TO THE ADOPTION OF CHILDREN; TO GIVE THE FORCE OF LAW TO THE CONVENTION ON THE PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION SIGNED AT THE HAGUE ON 29 MAY 1993; TO PROVIDE FOR THE MAKING AND RECOGNITION OF INTERCOUNTRY ADOPTIONS IN ACCORDANCE WITH BILATERAL AGREEMENTS AND WITH OTHER ARRANGEMENTS; TO PROVIDE FOR THE RECOGNITION OF 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 of the repeal of the Acts specified in
Part 1
of Schedule 1 and the revocation of the statutory instruments specified in Part 2 of that Schedule effected by section 7 , appoint different days for the repeal of different Acts or different provisions of them and the revocation of different statutory instruments or different provisions of them.
Interpretation.
3.— (1) In this Act, unless the context otherwise requires— “accredited body” means a body of persons whose name is entered in the register of accredited bodies; “Adopted Children Register” means the Adopted Children Register maintained by an tArd-Chláraitheoir under section 22 of 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 of a child made— (a) before the establishment day, by An Bord Uchtála under the Adoption Acts, or (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 of the Hague Convention and a reference to a subdivision of a numbered Article shall be read accordingly; “assessment of eligibility and suitability”, in relation to a person, means an assessment of whether or not the person— (a) comes within the classes of persons in whose favour an adoption order may by virtue of 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 of section 73 , has the force of law; “bilateral agreement adoption” means an adoption— (a) effected in accordance with a bilateral agreement in a state that is a party to the agreement, and (b) certified, in accordance with the agreement, by the competent authority of the state of 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 of Central Authorities) to perform the functions conferred under the Hague Convention on such authorities, (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 (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 officer” means the person appointed to be the chief executive officer of the Authority under section 103 ; “child” means any person who is under the age of 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 of 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— (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 (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) of Article 23 (which relates to recognition of adoptions certified by the competent authority of the state of adoption) has been provided; “ declaration of eligibility and suitability ” means a declaration issued by the Authority under section 40 ; “domestic adoption” means the adoption of 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 of 12 months ending on 31 December in any year and, in the case of the first financial year of 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 of the child pursuant to the Guardianship of Infants Act 1964 , or (b) is appointed to be a guardian of the child by— (i) deed or will, or (ii) order of a court in the State, and has not been removed from office; “Hague Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, 1993, the text of which, subject to subsection (3), is set out for convenience of reference in Schedule 2 ; “interim order” means an order under section 44 ; “intercountry adoption” means the adoption of a child habitually resident in a state (the “state of 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 of origin by a person or persons habitually resident in the receiving state, or (b) for the purposes of an adoption, in either the receiving state or the state of origin, by a person or persons habitually resident in the receiving state; “intercountry adoption effected outside the State” means— (a) an adoption of a child effected outside the State at any time before the establishment day that, at that time, conformed to the definition of “foreign adoption” in section 1 of the Adoption Act 1991 , (b) an adoption, other than an intercountry adoption, of a child effected outside the State at any time on or after the establishment day that conforms to the definition of “foreign adoption” in section 1 of the Adoption Act 1991 as it read on 30 May 1991, or (c) an intercountry adoption of 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 of 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 of the child, whether or not they are married to each other; “personal public service number” has the meaning assigned to it by section 262 of 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 of a child are habitually resident; “register of accredited bodies” means the register kept under section 35 of the Adoption Act 1952 as the Adoption Societies Register and continued in being under section 126 as the register of accredited bodies; “register of intercountry adoptions” means the register established under section 6 of the Adoption Act 1991 as the Register of Foreign Adoptions and continued in being under section 90 as the register of intercountry adoptions; “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether of the whole blood, of the half-blood or by affinity and includes the spouse of any such person, relationship to the child being traced through the mother or the father; “state of origin”, in relation to a child, means the state in which the child is habitually resident before—
(a) his or her adoption, or (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 of the Hague Convention, and (b) shall be considered to have been added editorially for convenience of reference only.
References to making arrangements for adoption.
4.— In this Act, references to the making of arrangements for the adoption of 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 of the child by any person; (b) initiating or taking part in any negotiations the purpose or effect of which is the making of any such agreement or arrangement; (c) causing another person to initiate or take part in any such negotiations; (d) offering to enter into negotiations on behalf of the child’s parents or prospective adopters for the purpose of arranging an adoption; (e) carrying out or making any arrangement for the carrying out of an assessment of eligibility and suitability; (f) preparing reports on assessments of eligibility and suitability; (g) providing information, advice and counselling concerning adoption to any prospective adopters; (h) providing information, advice and counselling concerning adoption to a mother or guardian who proposes to place a child for adoption; (i) providing information and advice concerning the child’s medical or other status in connection with adoption; (j) placing a child with any prospective adopters; (k) one or more of the following: (i) assisting— (I) adopted persons (18 years of age or over) in tracing their birth parents or other relatives, and (II) birth parents or other relatives (18 years of age or over) of adopted persons in tracing the adopted persons; (ii) counselling the persons described in subparagraph (i); (iii) mediating between adopted persons described in subparagraph (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 of 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 of origin that is authorised by that state to make arrangements for adoption; (b) preparing pre-adoption reports for the purpose of Article 20 (which relates to Central Authorities keeping each other informed) or of any provision of a bilateral agreement; (c) transmitting to the Central Authority in the child’s state of origin the declaration of 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 of this Act.
Repeals and revocations.
7.— (1) The Acts specified in
Part 1
of Schedule 1 are repealed to the extent specified in column (3) of that Part of that Schedule.
(2)The statutory instruments specified in
Part 2
of Schedule 1 are revoked to the extent specified in column (3) of that Part of that Schedule.
Expenses.
8.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART 2
Legal Effect of Hague Convention Hague Convention to have force of law.
9.— The Hague Convention has the force of law in the State.
Explanatory report.
10.— (1) Judicial notice shall be taken of the explanatory report prepared by G. Parra-Aranguren in relation to the Hague Convention, a copy of which has been placed in the Oireachtas Library.
(2)When interpreting any provision of 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 of the child.
Chapter 2
Placement of Children for Adoption Visits and enquiries pertaining to adoptions.
12.— (1) The Authority may authorise a member or employee of the Authority or of the Health Service Executive to— (a) visit the homes of the child, the guardian of the child, the applicants for an adoption order or the recognition of an intercountry adoption effected outside the State and the person having custody of the child for the purposes of an adoption, and (b) to make enquiries on behalf of the Authority.
(2)For the purposes of this section, “guardian” does not include the mother or father of 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 of 6 weeks, (b) it does so only for adoption purposes under this Act, and (c) it does so in accordance with this Act and the Hague Convention, in particular with Article 17 (which relates to when the state of origin may entrust a child to prospective adopters).
Explanation to mother or guardian as to effect of adoption.
14.— Where the mother or guardian of a child proposes to place the child with an accredited body for adoption, the accredited body, before accepting the child, shall— (a) furnish the mother or guardian with a statement in writing explaining— (i) that a placement for adoption is the beginning of the adoption process, (ii) the effect of a placement for adoption upon the rights of a mother or guardian, (iii) the effect of an adoption order upon the rights of a mother or guardian, and (iv) the requirements specified in sections 26 to 28 in respect of the consents necessary under this Act in relation to an adoption order, (b) ensure that the mother or guardian understands the statement and signs a document to that effect, and (c) provide information, advice and counselling to the mother or guardian concerned.
Care of 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 of 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 of the child for adoption.
(2)Section 23P of the Child Care Act 1991 does not apply to— (a) the making of an arrangement by an accredited body under subsection (1), or (b) a person undertaking the care of a child under the arrangement.
Right of father who wishes to be consulted.
16.— (1) The father of a child, by notice to the Authority, may advise the Authority of his wish to be consulted in relation to— (a) a proposal by an accredited body to place the child for adoption, or (b) an application by the mother or a relative of the child for an adoption order in respect of 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 of 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 of any notice received by the Authority from the father of the child under section 16
(1), and (b) the Authority— (i) as soon as practicable shall provide the notice, if any, to the accredited body, or (ii) if at the time of 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 of— (a) informing him of the proposed placement, (b) explaining to him the legal implications of, 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— (a) has no objection to the placement, the accredited body, at any time afterwards, may place the child for adoption, or (b) objects to the proposed placement of 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 of the notice, for the purpose of affording the father an opportunity to make an application to court under section 6A or 11
(4)of the Guardianship of 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 (b) any indication from the father under paragraph (a) or (b) of subsection (3) within 21 days of informing the father under subsection (2)(a) of the proposed placement of 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 of the child, including but not limited to an order— (a) for substituted service, or (b) for abridging the time fixed by rules of 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 of a child for the purposes of 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 of the relationship between the father and mother, or (b) the circumstances of the conception of the child, it is inappropriate for the accredited body to contact the father in respect of the placement of the child— (i) the Authority, after first obtaining the approval of 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 of the father of a child is unknown to an accredited body and the mother refuses to reveal the father’s identity, the accredited body— (a) shall counsel the mother in order to attempt to obtain her co-operation, indicating to her— (i) that the adoption may be delayed, (ii) the possibility of the father contesting the adoption at a later date, (iii) that the absence of information about the medical, genetic and social background of the father may be detrimental to the health, development or welfare of the child, and (iv) such other matters as the accredited body considers are appropriate in the circumstances, and (b) if the mother, after counselling, continues to refuse to reveal the identity of the father, shall furnish the Authority with a written report of the counselling that the accredited body has provided.
(6)Where the Authority receives a written report referred to in subsection (5)(b) and is satisfied that the accredited body— (a) has taken such steps as are reasonably practicable to obtain the co-operation of the mother, and (b) has no other practical way of ascertaining the father’s identity, then— (i) the Authority, after first obtaining the approval of 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 of 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 of 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 of ascertaining the father’s identity.
PART 4
Domestic Adoptions and Intercountry Adoptions
Chapter 1
Adoption Orders and Consents to Adoption Orders Welfare of child.
19.— In any matter, application or proceedings before— (a) the Authority, or (b) any court, relating to the question of the arrangements for the adoption of a child, for the making of an adoption order or for the recognition of an intercountry adoption outside the State, the Authority or the court, in deciding that question, shall regard the welfare of 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 of 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 of the child by the applicant or applicants, as the case may be.
(2)On the application of the adopters of 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 of the child by them jointly, or (b) the recognition referred to in subsection (2) shall be for the recognition of the intercountry adoption effected outside the State of the child by them jointly.
(4)In making an adoption order, the Authority is required to take into account— (a) the relevant assessment report prepared under section 37 , and (b) the relevant declaration of 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 of the Central Authority of that other state that is the equivalent of the assessment report referred to in subsection (4)(a), and (b) the relevant instrument prepared by or on behalf of the Central Authority of that other state that is the equivalent of a declaration of eligibility and suitability.
(6)Where an application is made to the Authority under this section, the Authority, of its own motion or on the application of an interested person, may adjourn from time to time the making of 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 of proceedings for adoption order or for recognition of 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 of that application, without liability for any costs of the proceedings.
(2)The Health Service Executive, as soon as practicable after receipt of notice under subsection (1), shall give notice of the discontinuance to the Authority, any adoption committee concerned and the birth parents of 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 of the application, is not more than 7 years of age, (c) is an orphan or is born of parents not married to each other, and (d) has been in the care of the applicants for the prescribed period (if any).
(2)The Authority, having regard to the particular circumstances of the case, may make an adoption order notwithstanding that the child has not been in the care of 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 of 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 of age at the date of the application for the order.
(2)Before making an adoption order under subsection (1), the Authority shall give due consideration to the wishes of the child, having regard to his or her age and understanding.
Correction of adoption order.
25.— The Authority, of its own motion or on the application of 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 of every person, being the child’s mother or guardian or other person having charge of or control over the child, unless the Authority dispenses with the consent— (a) with the sanction of the High Court if the person whose consent is necessary is a ward of court, (b) in accordance with an authorisation of the High Court by order under this section, if— (i) the person whose consent is necessary is not a ward of court, and (ii) the High Court is satisfied that the person is incapable by reason of mental infirmity of giving consent or cannot be found, (c) in accordance with an authorisation of the High Court by order under section 31 in a case to which that section applies, or (d) in accordance with an authorisation of 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 of an adoption order without knowing the identity of 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 of an adoption order.
Information for persons about consenting to adoption orders.
27.— (1) A person whose consent to the making of an adoption order is necessary— (a) shall be informed before he or she gives the consent or as soon as may be after giving it— (i) that the consent may be withdrawn at any time before the making of the order, (ii) that he or she is entitled to be heard on the application for the order, and (iii) of the discretion of the High Court under subsection (3) of section 31 , despite a subsequent withdrawal of the consent, to authorise the Authority to dispense with the consent in accordance with that section, and (b) shall be asked, on or after giving the consent, to state in writing whether he or she wishes— (i) to be informed of 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 of 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) of 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 of consent.
28.— (1) A consent to the making of an adoption order is not valid unless given— (a) after the child concerned has attained the age of 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 of an adoption order is necessary and has not been dispensed with— (a) has given the consent, and (b) understands the nature and effect of the consent and of the adoption order.
Enquiries on behalf of Authority.
29.— (1) For the purposes of 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 of 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 of 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 of the child.
(2)This section applies in respect of the adoption of a child by a person who is not the father of the child.
(3)Subject to this section, on the receipt of an application for an adoption order, the Authority shall take such steps as are reasonably practicable to ensure that the father of the child is consulted in relation to the adoption.
(4)Where the Authority is satisfied that, having regard to— (a) the nature of the relationship between the father and mother, or (b) the circumstances of the conception of the child, it would be inappropriate for the Authority to consult the father in respect of the adoption of the child, the Authority, after first obtaining the approval of the High Court, may make the adoption order without consulting the father.
(5)If the identity of the father of 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 of the father contesting the adoption at some later date, (c) that the absence of information about the medical, genetic and social background of the father may be detrimental to the health, development or welfare of 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 of the High Court, may make the adoption order without consulting the father if— (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 (b) the Authority has no other practical means of 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 of 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— (a) a person has or persons have applied for an adoption order, and (b) another person, whose consent to the making of the adoption order is necessary under section 26 , and who has agreed to the placing of the child concerned for adoption either— (i) fails, neglects or refuses to give his or her consent to the adoption, or (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 of the child to do so, the High Court may make an order— (a) giving custody of 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 of the child by the applicants, with the adoption to be effected by an adoption order made during that specified period of custody.
(4)If the other person is a ward of court, his or her consent shall not be dispensed with, pursuant to an order under this section, except with the sanction of 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 of parents not married to each other, are not all of the same religion (if of any religion), unless every person whose consent to the making of the adoption order is necessary under section 26 knows, when consenting, the religion (if any) of the applicant or each of the applicants, if they are a married couple.
Chapter 3
Eligibility and Suitability to Adopt Persons eligible for adoption order or recognition of intercountry adoption effected outside State.
33.— (1) (a) The Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, unless— (i) the applicants are a married couple who are living together, (ii) the applicant is the mother or father or a relative of 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 of the child. (b) Notwithstanding paragraph (a), the Authority may recognise an intercountry adoption effected outside the State on the application of a person referred to in paragraph (a) or (c) of 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 of 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) of section 90
(3), for the recognition of 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 of the applicant’s spouse, given in the manner determined by the Authority, unless— (a) the couple are living apart under— (i) a decree of judicial separation under section 3 of the Judicial Separation and Family Law Reform Act 1989 , (ii) a decree or order to like effect that was granted under the law of another jurisdiction and that is recognised in the State, or (iii) a deed of separation, (b) the spouse has deserted the applicant, or (c) conduct on the part of 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) of section 90
(3), recognise an intercountry adoption effected outside the State, unless— (a) the applicant and, if the applicants are a married couple, each of them has attained the age of 21 years, or (b) the applicants are a married couple and one of them is the mother or father or a relative of the child and either of them has attained the age of 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 of them, is habitually resident in the State.
(6)Subsection (5) does not prevent the Authority, for the purpose of an intercountry adoption effected in the State, from making an adoption order in favour of an applicant who, or, if the applicants are a married couple living together, each of whom, is habitually resident in— (a) another contracting state, (b) a state that has a bilateral agreement with the State, or (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 of an applicant referred to in subsection (1)(a)(iii) may be made.
Persons suitable for adoption order or recognition of 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) of 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 of them— (a) is a suitable person to have parental rights and duties in respect of the child, and (b) without prejudice to the generality of paragraph (a), is of good moral character, in good health and of an age so that he or she has a reasonable expectation of being capable throughout the child’s childhood of— (i) fulfilling his or her parental duties in respect of the child, (ii) promoting and supporting the child’s development and well-being, (iii) safeguarding and supporting the child’s welfare, (iv) providing the necessary health, social, educational and other interventions for the child, and (v) valuing and supporting the child’s needs in relation to his or her— (I) identity, and (II) ethnic, religious and cultural background, (c) has adequate financial means to support the child, and (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 of Health Service Executive.
36.— (1) The Health Service Executive shall establish one or more adoption committees.
(2)The functions of an adoption committee are— (a) to advise and assist the Authority in the performance of its functions under this Act and section 6 of the Child Care Act 1991 , and (b) to make recommendations to the Authority under section 39 concerning the issuance to applicants of declarations of eligibility and suitability.
(3)The membership of an adoption committee may include persons who are not employees of the Health Service Executive but have special knowledge and experience related to the purposes of the committee.
(4)The Health Service Executive may make payments to a member of an adoption committee in respect of travelling and subsistence expenses incurred by the member in relation to the business of the committee.
(5)Payments made under this section shall be in accordance with a scale determined by the Minister with the consent of the Minister for Finance.
Chapter 5
Application by Prospective Adopters for Declaration of Eligibility and Suitability Application to Health Service Executive for Authority to issue declaration of eligibility and suitability.
37.— (1) A person habitually resident in the State, or a married couple married to each other, each of whom is habitually resident in the State, may apply to the Health Service Executive for— (a) an assessment of eligibility and suitability in relation to himself, herself or themselves, and (b) the issuance by the Authority of a declaration of eligibility and suitability in accordance with that assessment.
(2)An application under subsection (1) shall— (a) be made in writing addressed to an office of 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 of an intercountry adoption including in the circumstances discussed in section 81 , and (c) specify which state is the habitual residence of 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)(b) or arrange for the steps to be taken by an accredited body: (a) providing information, advice and counselling to the applicants; (b) carrying out an assessment of eligibility and suitability in relation to the applicants; (c) preparing an assessment report that conforms to paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states) and that includes— (i) the information described in Article 15, and (ii) a finding as to the eligibility and suitability of 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 of proceedings for issuance of declaration of 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 of that application, without liability for any costs of the proceedings.
(2)As soon as practicable after receipt of notice under subsection (1), the Health Service Executive shall give notice of the discontinuance to the Authority, the adoption committee concerned and the birth parents of the child who was proposed to be adopted.
Recommendation of adoption committee regarding issuance of declaration of eligibility and suitability.
39.— (1) As soon as practicable after the receipt of the assessment report referred to it under section 37
(4), the adoption committee shall— (a) consider the report, and (b) recommend to the Authority, in writing, whether or not, under section 40 , the Authority should issue a declaration of eligibility and suitability in favour of the applicants.
(2)A recommendation under subsection (1) shall contain the committee’s reasons for it.
(3)The committee shall deliver a copy of the recommendation and of the assessment report to the Authority, the Health Service Executive and the applicants.
Chapter 6
Authority’s Power to Issue Declarations of Eligibility and Suitability to Prospective Adopters Authority may issue declaration of eligibility and suitability.
40.— (1) The Authority may issue a declaration of eligibility and suitability in favour of 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 of an intercountry adoption, in relation to a child habitually resident— (a) in the State (a domestic adoption), (b) in another contracting state (an intercountry adoption), (c) in a state that has a bilateral agreement with the State (an intercountry adoption), or (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 of 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 of applicants who are a married couple living together, each of them comes within the classes of persons in whose favour an adoption order may, by virtue of section 33 , be made or an intercountry adoption may, by virtue of that section, be recognised, and (b) as to the matters specified in section 34 in relation to the applicant or, in the case of applicants who are a married couple living together, each of them.
(3)When issuing a declaration of eligibility and suitability, the Authority may include in it a statement relating to the age or state of health of 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 of eligibility and suitability in favour of 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 of eligibility and suitability is not to be issued or refused if the Authority has received an applicable notice of discontinuance under section 21 or 38 .
Expiration of declaration of eligibility and suitability.
41.— (1) A declaration of eligibility and suitability expires after— (a) 24 months from the date of issuance of the declaration, or (b) a further period of 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— (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 (b) before the making of an adoption order, or the recognition of 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 of eligibility and suitability, and (ii) giving the person or married couple concerned, an opportunity to be heard, may either— (I) amend the declaration of eligibility and suitability by attaching specified conditions to it, including but not limited to a condition that the eligibility and suitability of 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 of declaration of eligibility and suitability.
42.— A document purporting to be— (a) a copy of or extract from a declaration of eligibility and suitability, and (b) certified by an officer of the Authority to be a true copy of or extract from the declaration, shall— (i) be received in evidence in any legal proceedings, and (ii) until the contrary is proved, be deemed to be a true copy of or extract from the declaration and to be evidence of such declaration, without proof of the signature of the officer of the Authority.
PART 5
Adoption Proceedings Before the Authority Hearing of 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 of the child; (d) the father of the child or the person who believes himself to be the father; (e) the guardian of the child; (f) the person who immediately before the placing of the child for adoption had charge of or control over the child; (g) a relative of the child; (h) a representative of— (i) an accredited body, or (ii) the Health Service Executive, which is or has been at any time concerned with the child; (i) an employee of 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, of its own initiative or on the application of an interested person, may hear the application wholly or partly in private.
(4)Where the Authority has notice of proceedings pending in any court in regard to the custody of a child in respect of whom an application is before the Authority, the Authority shall make no order in the matter until the proceedings have been disposed of.
(5)For the purposes of section 53 , a reference to a person in paragraph (c) or (d) of subsection (1) of this section shall be read in so far as it applies to a child in respect of whom an adoption order is in force or who is the subject of 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— (a) adjourn the application for the adoption order, and (b) make an interim order, giving custody of 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 of the welfare of the child.
(3)After providing an opportunity to be heard to the person who has custody of the child under the interim order, the Authority may revoke the interim order.
(4)The Authority shall revoke the interim order at the request of— (a) the person to whom custody of the child has been given, or (b) the mother or guardian of the child.
(5)A person shall not fail or refuse to comply with a condition of 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 of the child, and (b) for the purposes of the order, the child shall be taken to be the lawful child of the deceased adopters.
Power to summon witnesses, etc.
46.— (1) For the purposes of any proceedings before it under this Act, the Authority may— (a) summon witnesses to attend before it, (b) examine on oath the witnesses attending before it, or (c) require any such witness to produce to the Authority any document in the power or control of 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— (a) on being duly summoned as a witness before the Authority, make default in attending, or (b) being in attendance as a witness, refuse to— (i) take an oath legally required by the Authority to be taken, (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 of an intercountry adoption effected outside the State) attends before the Authority in pursuance of a summons issued on the initiative of the Authority, the Authority, if it thinks fit, may pay to the witness a sum— (a) for expenses incurred by the witness in connection with the attendance, and (b) in accordance with a scale prescribed by the Minister, with the sanction of the Minister for Finance.
Service of 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 of law arising on an application for an adoption order or the recognition of an intercountry adoption effected outside the State to the High Court for determination.
(2)Notwithstanding subsection (1), the Authority, unless it considers a question of law arising on an application for an adoption order or the recognition of an intercountry adoption effected outside the State to be frivolous, shall refer the question of law to the High Court for determination if requested to do so by— (a) an applicant for the order or the recognition of the intercountry adoption effected outside the State, (b) the mother or guardian of the child, or (c) any person having charge of 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 of intercountry adoptions to the High Court for determination.
(4)Subject to rules of 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 of 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 of 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 of this section, “relevant adoption” means an adoption order, an intercountry adoption effected outside the State or an entry in the register of intercountry adoptions that relates to an intercountry adoption.
Orders by court as to custody of 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 of— (a) the person or persons in whose favour the adoption order was made, or (b) any other person or persons not being the person or persons who sought the declaration of invalidity, the court shall not make an order in those proceedings as to the custody of the child except in accordance with subsection (2).
(2)The court may make the order referred to in subsection (1), as to the custody of 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 of— (i) the fact that any person having custody of the child has been joined in the proceedings, and (ii) the other circumstances of the case, it is in the interests of justice that the question of the custody of 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 of the custody of the child, the court shall do so subject to section 3 of the Guardianship of Infants Act 1964 .
(4)Notwithstanding subsection (1)— (a) the person or persons in whose favour an adoption order is made, or (b) any other person or persons having custody of the adopted child, shall not, without the consent of the court, be joined or otherwise heard in any proceedings in a court in which the validity of 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 of the submissions, of the person or persons concerned, or (b) any other relevant matter.
PART 7
Adoption Orders in Exceptional Cases and Role of High Court Interpretation (Part ).
52.— (1) In this Part, “parents”— (a) includes a surviving parent, and (b) in relation to a child in respect of whom an adoption order is in force or who is the subject of an intercountry adoption effected outside the State that has been recognised, means— (i) the adopters, or (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 of— (i) a declaration in favour of 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— (a) the Authority has heard— (i) the Health Service Executive, (ii) any persons specified in paragraphs (a) to (h) of section 43
(1)who wish to be heard, and (iii) any other person whom the Authority, in its discretion, decides to hear, (b) but for this Part, the Authority would not have power to make the order, and (c) it is satisfied that, if an order of the High Court under section 54
(2)were made in favour of the applicants in respect of 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 of 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 of 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 of 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 of the first-mentioned order, to be the lawful child of 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— (a) if the Health Service Executive considers it proper to do so and an application in accordance with paragraph (b) has not been made by the applicants, the Health Service Executive may apply to the High Court for the order, and (b) if, within the period of 3 months from the day on which the request was given, the Health Service Executive either— (i) by notice in writing given to the applicants, declines to accede to the request, or (ii) does not give the applicants a notice under subparagraph (i) of 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) of subsection (1), the High Court by order may authorise the Authority to make an adoption order in relation to the child in favour of the applicants, and to dispense with the consent of any person whose consent is necessary to the making of the adoption order, if— (a) having due regard for the rights, whether under the Constitution or otherwise, of the persons concerned (including the natural and imprescriptible rights of the child), the High Court is satisfied that it would be in the best interests of the child to grant the authorisation, and (b) it is shown to the satisfaction of the High Court as follows: (i) that— (I) for a continuous period of not less than 12 months immediately preceding the time of the making of the application, the parents of 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 of 18 years, (III) the failure constitutes an abandonment on the part of the parents of all parental rights, whether under the Constitution or otherwise, with respect to the child, and (IV) by reason of the failure, the State, as guardian of the common good, should supply the place of the parents; (ii) that the child— (I) at the time of the making of the application, is in the custody of and has a home with the applicants, and (II) for a continuous period of not less than 12 months immediately preceding that time, has been in the custody of and has had a home with the applicants; and (iii) that the adoption of the child by the applicants is an appropriate means by which to supply the place of 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 of the child concerned, to his or her wishes.
(4)The High Court, of its own motion or on application to it in that behalf, may make orders— (a) adding other persons as parties to proceedings under this section, and (b) for the payment— (i) of 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 of the State for the provision of legal aid has been refused, or (ii) by the person of 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 of the Health Service Executive at its premises, and (b) for the purposes of 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 of them), and (b) any other persons who, in the opinion of the High Court, ought to be heard by it.
(2)Where the parents concerned (or either of them), having been requested to give evidence to the High Court at the hearing of 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 of the evidence of the parents (or either of them).
(3)Where the parents concerned (or either of 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 of subsection (2), to be a failure or refusal by the parents (or either of 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 of the evidence of the parents of the child concerned (or either of them) if— (a) the High Court is satisfied that— (i) the identity of the parents concerned (or either of them) is not known both to the persons applying for an order under section 54
(2)and to the Authority, and (ii) all appropriate measures have been taken to ascertain that identity, or (b) the High Court is satisfied that— (i) the whereabouts of the parents concerned (or either of them)— (I) at the time of the making of 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 of them) are incapable by reason of mental infirmity of giving reliable evidence to the High Court on the hearing of an application under paragraph (a) or (b) of section 54
(1), the High Court may— (a) dispense with the evidence of the parents (or either of them), and (b) make the order under section 54
(2)notwithstanding the absence of that evidence.
Court costs.
56.— (1) The Health Service Executive shall pay to the parents of the child concerned, in respect of 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 of, or the refusal to make, an order under section 54
(2), (b) that are not paid by another party to the proceedings, and (c) in relation to which, legal aid under any scheme for the provision of legal aid operated by or on behalf of the State has been refused, either, as may be specified by the Court— (i) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or (ii) such amount as, in the opinion of the Health Service Executive and those parents, would be equal to the amount, as may be specified, of those costs or of a part so specified of them, if they were taxed by a Taxing Master of the High Court.
(2)Where— (a) any costs of 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 of the child concerned, and (b) legal aid in respect of those costs under any scheme for the provision of legal aid operated by or on behalf of the State has been refused, the Health Service Executive shall pay to that other party, in respect of those costs either, as may be specified by the High Court or the Supreme Court— (i) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or (ii) such amount as, in the opinion of the Health Service Executive and that other party, would be equal to the amount, as may be so specified, of those costs or of a part so specified of them, if they were taxed by a Taxing Master of 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— (i) an appeal is not brought against the order or the order is affirmed by the Supreme Court on appeal, or (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 of the State for the provision of 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— (i) the application, or (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 of those costs, as taxed by a Taxing Master of the High Court, or (II) such amount as, in the opinion of the Health Service Executive and those persons, would be equal to the amount, as may be specified, of those costs or of a part so specified of them if they were taxed by a Taxing Master of the High Court.
PART 8
Effects of Adoption orders and of State Recognition of Intercountry Adoptions Recognition and effects of intercountry adoption effected outside State.
57.— (1) In this section, “competent authority” includes a person serving in another state in the capacity of a competent authority for the purposes of an intercountry adoption effected outside the State.
(2)Subject to subsections (3) and (4), an intercountry adoption effected outside the State that— (a) if effected at any time before the establishment day— (i) is an adoption that, at that time, conformed to the definition of “ foreign adoption” in section 1 of the Adoption Act 1991 , and (ii) has been certified under a certificate issued by the competent authority of the state of the adoption as having been effected under and in accordance with the law of that state, or (b) if effected on or after the establishment day, has been certified under a certificate issued by the competent authority of the state of the adoption— (i) in the case of an adoption referred to in paragraph (b) of the definition of “ 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 of the adoption under and in accordance with the law of 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 of the following: (I) the date of the adoption; (II) the date on which, under section 90 , the Authority enters particulars of the adoption in the register of 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 of the adoption of terminating a pre-existing legal parent-child relationship, the adoption, as of the date of 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 of the adoption of terminating a pre-existing legal parent-child relationship, the adoption, as of the date of the deeming under that subsection, has the effect, in respect of the child, of 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 of an intercountry adoption effected outside the State— (a) the child concerned shall be considered, with regard to the rights and duties of parents and children in relation to each other, as the child of the adopters born to them in lawful wedlock, and (b) with respect to the child, the mother or guardian of 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 of birth parents.
59.— (1) Subject to subsection (2)— (a) the validity of an adoption order in relation to a child born of parents not married to each other and the provisions of this Act in regard to the effects of the order are not affected by the subsequent marriage of 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 of 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 of the birth of the child under section 24 of 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 of the adoption order or the recognition of an intercountry adoption effected outside the State.
(2)Where, at any time after the making of an adoption order or the recognition of 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 of any real or personal property, that property shall devolve in all respects as if the adopted person were— (a) the child of the adopters born in lawful wedlock, and (b) not the child of any other person.
(3)In any disposition of real or personal property made, whether by instrument inter vivos or by will (including codicil), after the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be— (a) a reference (whether express or implied) to the child or children of 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 of 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 (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— (i) the child of the adopters, born in lawful wedlock, and (ii) not the child of any other person.
(4)For the purposes of— (a) the devolution of any property in accordance with this section, and (b) the construction of 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 of the adopters or of either of them— (i) where the adopters are a married couple and the other person is the child or adopted child of both spouses, as brother or sister of the whole blood, and (ii) in any other case, as brother or sister of the half-blood.
(5)Notwithstanding any rule of law, a disposition made by will or codicil executed before the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be, shall not be treated for the purposes of 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 of a person who had been previously adopted, the previous adoption shall be disregarded for the purposes of this section in relation to— (a) the devolution of any property on the death of a person dying intestate after the date of the subsequent adoption order, and (b) any disposition of 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 of the disposition of property concerned.
Stamp duty on land.
61.— For the purposes of the stamp duties chargeable on conveyances or transfers of land, an adopted person shall be considered as the child of the adopter or adopters born to him, her or them in lawful wedlock and not to be the child of any other person.
Orders to make payment for benefit of child.
62.— Where an adoption order is made under this Act, then— (a) any order under which the birth parent of the child is required to make payments specifically for the benefit of the child, and (b) any agreement whereby the birth parent of the child has undertaken to make payments specifically for the benefit of the child, ceases to have effect, but without prejudice to the recovery of any arrears due under the order or agreement at the date of 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 of section 1 of 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 of 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 of the issue of the declaration were that day, (ii) the persons had applied under section 37 of this Act, and (iii) section 40(1)(b) of this Act read “in another contracting state or a state that, in the opinion of 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 of the Hague Convention.
Competent authority for certifying that adoptions accord with Hague Convention.
65.— Without prejudice to the generality of section 64 , the Authority is the competent authority for the purpose of certifying— (a) under Article 23 (which relates to the recognition of an adoption certified by the competent authority of the state of adoption), adoptions effected in the State in accordance with the Hague Convention, and (b) under Article 27 (which relates to conversion of adoptions in the state of origin into adoptions terminating pre-existing legal parent-child relationships), the conversion of adoptions recognised in the State.
Role of 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 of the Hague Convention.
(2)Subject to subsection (3) and Article 22 (which relates to the performance of Central Authority functions by public authorities), the Authority may delegate in writing one or more of 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 of the receiving state— (i) issuing, in accordance with paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states), a declaration of eligibility and suitability as part of the report referred to in that Article, and (ii) arranging the return of a child under paragraph (1)(c) of 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 of the state of origin— (i) transmitting to the Central Authority of the receiving state the report referred to in Article 16 (which relates to reports by the Central Authorities of states of 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 of 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 of the application of the Hague Convention in the State, subsections (2) to (5) have effect.
(2)For the purpose of 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 of those persons by the Health Service Executive together with— (a) the assessment report prepared under section 37 , and (b) the recommendation made under section 39 , in relation to those persons.
(3)For the purpose of Article 17 (which provides for limits on the state of origin entrusting a child to prospective adoptive parents), the approval of the Authority is required before any decision is made in the state of origin that the child should be entrusted to prospective adopters.
(4)For the purpose of 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 of the Health Service Executive under any other enactment, the Health Service Executive shall perform on behalf of the Authority the latter’s functions as the Central Authority— (a) in keeping the other Central Authorities informed as set out in Article 20 (which requires Central Authorities to keep each other informed), and (b) in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph (1) of 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 of origin, in accordance with Article 17 (which relates to when the state of 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 of 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 of this Act have been met, and (b) where the consent of a birth parent of the child is necessary and has not been given, if the High Court has made an order— (i) under section 31
(3)(b) authorising the Authority to dispense with consent as described in that provision, or (ii) under section 54 authorising the Authority to make an adoption order in relation to the child.
Conversion of 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 of the conversion, in accordance with Article 27 (which relates to conversion of adoptions in the state of origin to adoptions terminating pre-existing legal parent-child relationships), of a Convention adoption that does not have the effect of 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 of origin, in accordance with Article 17 (which relates to when the state of 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 of the adopters of the child and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and (b) where the consent of a birth parent of the child is necessary and has not been given, if the High Court has made an order— (i) under section 31
(3)(b) authorising the Authority to dispense with consent as described in that provision, or (ii) under section 54 authorising the Authority to make an adoption order in relation to the child.
Transfer of child from State for purpose of adoption in receiving state.
70.— A child may be transferred from the State to another contracting state for the purpose of adoption in that state in accordance with the Hague Convention, but such a transfer may take place only— (a) if the following are satisfied: (i) Article 4 (which relates to when an adoption may take place); (ii) Article 5 (which relates further to when an adoption may take place); (iii) Article 15 (which relates to reports by the Central Authorities of receiving states); (iv) Article 16 (which relates to reports by the Central Authorities of states of origin); (v) Article 17 (which relates to when the state of 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 of origin), (b) in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents)— (i) the Authority decides that the child should be entrusted to the prospective adopters, and (ii) the Central Authority of the receiving state approves that decision, and (c) if the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.
Discussions relating to agreements under Article 39.
71.— (1) The Authority, with the prior consent of the Minister, may enter into discussions with any contracting state concerning— (a) the possibility of the State entering into an agreement under paragraph (2) of 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 of the agreement.
(2)If the State, before or after the commencement of this section, has entered into an agreement under paragraph (2) of Article 39 with a contracting state, with a view to improving the application of the Convention in their mutual relations, the Minister shall cause the agreement to be laid before each House of 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 of the Oireachtas.
(4)The agreement, and any amended agreement, has the force of 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 of an agreement, or an amended agreement, under paragraph (2) of 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 of applications— (a) made to the Authority by persons habitually resident in the State for the adoption of a child habitually resident in the contracting state, or (b) made to the Central Authority of a contracting state by persons habitually resident in the contracting state for the adoption of 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 of the Minister and having regard for the principles of the Hague Convention, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that state.
(2)If the Government, before or after the commencement of 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 of 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 of the Oireachtas.
(4)Judicial notice shall be taken of 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 of applications— (a) made to the Authority by persons habitually resident in the State for the adoption of a child habitually resident in that other state, or (b) made to the Central Authority of the other state by persons habitually resident in that other state for the adoption of a child habitually resident in the State.
(2)The Authority may terminate any administrative arrangement entered into under this section.
Role of 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 of 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 of the receiving state— (i) issuing, in the circumstances described in paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states), a declaration of eligibility and suitability, (ii) arranging a new placement of, 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 of a child to his or her state of origin, if the child’s interests so require; (b) as the Central Authority of the state of origin and in accordance with a bilateral agreement— (i) ensuring that necessary consents have been obtained, (ii) determining whether the envisaged placement is in the best interests of the child concerned, (iii) transmitting to the Central Authority of 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 of section 64 , the Authority is the competent authority for the purpose of certifying— (a) adoptions effected in the State in accordance with a bilateral agreement, and (b) the conversion of 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 of the Authority that an adoption was effected in accordance with a bilateral agreement shall specify when the Authority and the Central Authority of 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 of the application of a bilateral agreement in the State.
(2)For the purposes of 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 of those persons by the Health Service Executive, together with— (a) the assessment report prepared under section 37 , and (b) the recommendation made under section 39 , in relation to those persons.
(3)The approval of the Authority is required before any decision is made in the state of origin that the child should be entrusted to prospective adopters.
(4)For the purpose of determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied that— (a) the prospective adopters are eligible and suited to adopt, (b) the prospective adopters have been counselled as may be necessary, and (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 of the Health Service Executive under any other enactment, the Health Service Executive shall perform on behalf of the Authority the latter’s functions as the Central Authority— (a) in keeping the other Central Authorities informed as set out in Article 20 (which relates to Central Authorities keeping each other informed), and (b) in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph (1) of 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 of 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 of 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 of this Act have been met, and (b) where the consent of a birth parent of the child is necessary and has not been given, if the High Court has made an order— (i) under section 31
(3)(b) authorising the Authority to dispense with consent as described in that provision, or (ii) under section 54 authorising the Authority to make an adoption order in relation to the child.
(3)For the purpose of this section, Article 4 (which relates to when an adoption may take place) is applicable in respect of a bilateral agreement.
Conversion of 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 of the conversion, in accordance with Article 27 (which relates to conversion of adoptions in state of origin to adoptions terminating pre-existing legal parent-child relationships), of a bilateral agreement adoption that does not have the effect of 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 of 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 of the adopters of the child and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and (b) where the consent of a birth parent of the child is necessary and has not been given, if the High Court has made an order— (i) under section 31
(3)(b) authorising the Authority to dispense with consent as described in that provision, or (ii) under section 54 authorising the Authority to make an adoption order in relation to the child.
(3)For the purpose of this section, Article 17 (which relates to when state of origin may entrust a child to prospective adoptive parents) and Article 4 are applicable in respect of a bilateral agreement.
Transfer of child from State for purpose of adoption in receiving state.
80.— A child may be transferred from the State to a non-contracting state for the purpose of 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 of the agreement as to consents to the adoption have been satisfied, (b) the Central Authority of the receiving state has— (i) determined that the prospective adopters are eligible and suited to adopt, (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, (c) the Authority has decided, in accordance with the agreement, that the child should be entrusted to the prospective adopters, (d) the Central Authority of the receiving state has approved that decision, and (e) the transfer takes place in secure and appropriate circumstances and in the company of 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 of a specific child by prospective adopters habitually resident either in the State or in the non-contracting state, (b) a declaration of 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 of the child, and (d) the Authority is satisfied that the standards that are being or will be applied to the adoption accord with those of the Hague Convention.
(2)An arrangement made under subsection (1) may not be used by the Authority for the purpose of— (a) an adoption under an adoption order, or (b) the recognition of an intercountry adoption effected outside the State, other than the adoption or the recognition of the adoption of 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 of 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 of the child’s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.
(2)Where a child enters the State for the purpose of 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 of the child’s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.
PART 10
Adopted Children Register and Register of 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 of the Adoption Act 1952 shall, notwithstanding the repeal of that section by section 7
(1)— (a) continue in being, and (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 of an adoption order made by the Authority.
(3)Each entry shall contain the particulars specified in Schedule 3 .
(4)If the date of the adopted child’s birth is unknown— (a) the Authority shall determine the probable date of birth, and (b) that date shall be entered in the Adopted Children Register as the adopted child’s date of birth.
(5)If the Authority subsequently ascertains the actual date of the child’s birth— (a) the determination referred to in subsection (4) shall be cancelled, and (b) both the adoption order in respect of the child and the entry in the Adopted Children Register made under subsection (4) shall be correspondingly amended to show that actual date.