(6)The country of birth of the child shall be entered in the Adopted Children Register if the Authority, being satisfied thereof, so directs.
\n
(7)If an adoption order is amended, the entry relating to the adoption shall be amended accordingly.
\n
(8)If an adoption order is set aside, the entry relating to the adoption shall be cancelled.
\n
(9)If directed to do so by the Authority, an tArd-Chláraitheoir shall correct an error in any entry in the Adopted Children Register.
\n
(10)Evidence of an entry in the Adopted Children Register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir.
\n
Index to Adopted Children Register.
\n
85.— (1) An tArd-Chláraitheoir shall keep at his or her office an index to the Adopted Children Register.
\n
(2)Subject to subsection (4), a person, following an application in writing, in a form standing approved by an tArd-Chláraitheoir, in that behalf to an tArd-Chláraitheoir and— (a) on payment to him or her of the prescribed fee, may, subject to such conditions (if any) as may stand determined by an tArd-Chláraitheoir, search the index to the Adopted Children Register, (b) on payment to him or her of the prescribed fee, shall be given by him or her— (i) a copy certified by him or her to be a true copy, (ii) a copy, or (iii) a certified extract, of an entry specified by the person in the Adopted Children Register.
\n
(3)Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person to him or her in that behalf in writing and— (a) on payment to him or her of the prescribed fee, search the Adopted Children Register and the index to that Register, or (b) on payment to him or her of the prescribed fee, give the person— (i) a copy certified by him or her to be a true copy, (ii) a copy, or (iii) a certified extract, of an entry specified by the person in the Adopted Children Register.
\n
(4)A copy of an entry or an extract thereof, referred to in subsection (2) (b) or (3) (b) shall omit any reference to or particulars of a personal public service number and “true copy” in those provisions shall be construed accordingly.
\n
(5)The Minister for Social Protection may, following consultation with the Minister, by regulations under this Act specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii) or (3)(b)(iii).
\n
Separate index of connections between Adopted Children Register and register of births.
\n
86.— (1) An tArd-Chláraitheoir shall keep an index to make traceable the connection between each entry in the Adopted Children Register and the corresponding entry in the register of births.
\n
(2)Notwithstanding section 85 , the index kept under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court or of the Authority.
\n
Certified copy of entry in Adopted Children Register as evidence of facts stated.
\n
87.— A certified copy of an entry in the Adopted Children Register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora, shall be received, without further proof, as evidence of the facts stated in the certified copy, and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy.
\n
Privacy of adoption records.
\n
88.— A court shall not make an order— (a) referred to in section 86
\n
(2), (b) for the discovery, inspection, production or copying of any book, document or record of the Authority (or of any extracts from any of them), or otherwise in relation to the giving or obtaining of information from any of them, unless the court is satisfied that it is in the best interests of any child concerned to make the order.
\n
Abridged certificate of entry in Adopted Children Register.
\n
89.— (1) The Minister for Social Protection may, following consultation with the Minister, by regulations under this Act, provide for the issue by an tArd-Chláraitheoir, as respects any entry in the Adopted Children Register, of a certificate of such particulars contained in the entry as may be specified in the regulations.
\n
(2)A certificate referred to in subsection (1) may not disclose that the person to whom the certificate relates is an adopted person.
\n
(3)Regulations under this section may provide for the payment for a certificate referred to in subsection (1) of a fee of such amount as may be determined by the Minister for Social Protection following consultation with the Minister and with the consent of the Minister for Finance.
\n
Chapter 2
\n
Register of Intercountry Adoptions Register of intercountry adoptions.
\n
90.— (1) In this section, “ competent authority ” includes a person serving in another state in the capacity of a competent authority for the purposes of a bilateral agreement or an arrangement referred to in section 81 .
\n
(2)The Register of Foreign Adoptions maintained until the establishment day under section 6 of the Adoption Act 1991 by An Bord Uchtála shall, notwithstanding the repeal of that section by section 7
\n
(1), continue in being under this Act and, on and after the establishment day, shall be— (a) known as the register of intercountry adoptions, and (b) kept and maintained under this Act by the Authority.
\n
(3)The following persons may apply to the Authority to enter particulars of an intercountry adoption effected outside the State in the register of intercountry adoptions: (a) the adopted person; (b) a person by whom the adopted person was adopted; (c) any other person having an interest in the matter.
\n
(4)Not later than 3 months after the date when a child first enters the State after his or her intercountry adoption in another state by parents habitually resident in the State, the adopters shall ensure that an application to the Authority is made under subsection (3) to enter particulars of the adoption in the register of intercountry adoptions.
\n
(5)If any of the persons referred to in subsection (3) apply in accordance with this section to enter in the register of intercountry adoptions particulars of an adoption referred to in subsection (4)— (a) where the applicant is a person mentioned in paragraph (a) or (c) of subsection (3), the application relieves both of the adopters of the duty under subsection (4), or (b) where the applicant is one of the adopters, the application relieves the other adopter of the duty under subsection (4).
\n
(6)An application under subsection (3) shall be accompanied by the certificate referred to in section 57 issued by the competent authority of the state of adoption.
\n
(7)If the Authority is satisfied that the adoption is an intercountry adoption effected outside the State that complies with the requirements of this Act in relation to such an adoption, the Authority shall enter particulars of the adoption in the register of intercountry adoptions, together with a copy of the certificate referred to in section 57 concerned.
\n
(8)If the High Court so directs under section 92
\n
(1), an entry shall be made in the register of intercountry adoptions concerning a specified intercountry adoption effected outside the State.
\n
(9)An entry in the register of intercountry adoptions shall be in such form and contain such particulars as may be prescribed by regulations made under section 152 .
\n
(10)A person making an application to the Authority under subsection (3) is required to furnish the Authority with such information as the Authority may reasonably require and the information shall be in such form (if any) as may be specified by the Authority.
\n
(11)An error in an entry in the register of intercountry adoptions may be corrected and, if the High Court so directs, a specified correction shall be made in the register.
\n
Certified copy of entry in register of intercountry adoptions as evidence of facts stated.
\n
91.— (1) A document purporting to be a copy, and to be certified by an employee of the Authority to be a true copy, of an entry in the register of intercountry adoptions— (a) is evidence of the fact that the adoption to which it relates is an intercountry adoption effected outside the State and is deemed by this Act to have been effected by an adoption order made on the date specified in the copy, and (b) shall be issued by the Authority to any person on application by him or her to the Authority in that behalf and on payment by him or her to the Authority of such fee as may be specified by the Authority with the consent of the Minister.
\n
(2)Any requirement of law for the production of a certificate of birth is satisfied by the production of a document described in subsection (1) and certified to be a true copy of an entry in the register of intercountry adoptions in accordance with that subsection.
\n
Chapter 3
\n
Directions of High Court in Relation to Register of Intercountry Adoptions Directions of High Court in relation to entries in register of intercountry adoptions.
\n
92.— (1) If, on application to the High Court in that behalf by a person who may make an application to the Authority under section 90
\n
(3), the High Court is satisfied that an entry with respect to an adoption in the register of intercountry adoptions should be made, cancelled or corrected, the High Court may by order, as appropriate— (a) direct the Authority to procure the making of a specified entry in the register of intercountry adoptions, (b) subject to subsection (2), direct the Authority to procure the cancellation of the entry concerned in the register of intercountry adoptions, or (c) direct the Authority to make a specified correction in the register of intercountry adoptions.
\n
(2)Unless satisfied that it would be in the best interests of the adopted person to do so, the High Court shall not give a direction under subsection (1) (b) based solely on the fact that, under the law of the state in which an adoption was effected, the adoption has been set aside, revoked, terminated, annulled or otherwise rendered void.
\n
(3)Where the High Court gives a direction under subsection (1) (b), it may make orders in respect of the adopted person that appear to the High Court— (a) to be necessary in the circumstances, and (b) to be in the best interests of the person, including orders relating to the guardianship, custody, maintenance and citizenship of the person.
\n
(4)An order under subsection (3), notwithstanding anything in any other Act, applies and shall be carried out to the extent necessary to give effect to the order.
\n
(5)If the High Court— (a) refuses to give a direction under subsection (1)(a), or (b) gives a direction under subsection (1)(b), the intercountry adoption effected outside the State shall not be recognised under this Act.
\n
(6)The High Court— (a) may direct that notice of an application under subsection (1) shall be given by the person making the application to such other persons (including the Attorney General and the Authority) as the High Court may determine, and (b) of its own motion or on application to it by the person concerned or a party to the application proceedings, may add any person as a party to the proceedings.
\n
(7)The Attorney General— (a) of his or her own motion, or (b) if so requested by the High Court, may make submissions to the High Court in relation to the application, without being added as party to the application proceedings.
\n
(8)If the High Court so determines, proceedings under this section shall be heard in private.
\n
PART 11
\n
Proof and Registration of Intercountry Adoptions effected outside the State Proof of intercountry adoptions effected outside State.
\n
93.— (1) Documents, duly authenticated, that purport to be copies of the documents by which an intercountry adoption effected outside the State was made— (a) are deemed without further proof to be true copies of the documents unless the contrary is shown, and (b) are admissible as evidence of the adoption.
\n
(2)A document purporting to be a copy of a document or of one of the documents by which an intercountry adoption effected outside the State is made shall be regarded, for the purposes of this section, as being duly authenticated if the document purports— (a) to bear the seal of the court or other authority or the person or persons by which or by whom it was issued or executed, or (b) to be certified— (i) by a person in his or her capacity as a judge or officer of that court or in his or her capacity as that authority or as a member or officer of that authority, or (ii) by the person or persons by whom it was issued or executed.
\n
(3)The Minister, by regulations, may make provision in relation to the proof of intercountry adoptions effected outside the State and the regulations may make different provision for different states and different classes of adoptions.
\n
(4)Where an intercountry adoption effected outside the State is made in another state, it shall be presumed, unless the contrary is shown, that it was effected under and in accordance with the law of that state.
\n
PART 12
\n
Adoption Authority
\n
Chapter 1
\n
Authority Established Establishment of Adoption Authority.
\n
94.— (1) On the establishment day, a body to be known as Údarás Uchtála na hÉireann or, in the English language, the Adoption Authority of Ireland is established to perform the functions assigned to it by this Act.
\n
(2)The Authority is a body corporate with perpetual succession and may— (a) sue and be sued in the Authority’s own name, (b) with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of land or an interest in land, and (c) acquire, hold and dispose of any other property.
\n
Seal of Authority.
\n
95.— (1) The Authority shall provide itself with a seal as soon as may be after the establishment day.
\n
(2)The seal of the Authority shall be authenticated by— (a) the signatures of 2 members of the Authority, or (b) the signatures of both— (i) a member of the Authority, and (ii) an employee of the Authority authorised by the Authority to authenticate the seal.
\n
(3)Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal of the Authority authenticated in accordance with this section, shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.
\n
Functions of Authority.
\n
96.— (1) Without prejudice to the functions assigned to the Authority under this Act or any other enactment, the functions of the Authority include the following: (a) on and after the establishment day, performing the functions in relation to adoptions that before that day were performed by An Bord Uchtála; (b) as specified in section 66 , performing in the State the role of a Central Authority under the Hague Convention; (c) at the request of the Minister, providing general advice to him or her about adoption matters; (d) undertaking or assisting in research projects and activities relating to adoption services; (e) compiling statistical information and other records as to the proper planning, development and provision of those adoption services; (f) maintaining the register of accredited bodies; and (g) maintaining the register of intercountry adoptions.
\n
(2)The Authority has all the powers as are necessary or expedient for the performance by it of its functions.
\n
(3)The Authority may make such enquiries as it considers necessary for the performance of its functions.
\n
(4)The Authority shall endeavour to ensure that its adoption enquiries under this Act and adoption hearings before the Authority are conducted in a non-adversarial manner.
\n
Rules.
\n
97.— (1) The Authority, with the consent of the Minister, may make rules— (a) respecting its procedure, and (b) governing the consultation that is required by this Act to be carried out with the father, or the person who believes himself to be the father, of a child before the child is placed for adoption or before an adoption order is made in respect of the child.
\n
(2)The Minister shall ensure that every rule made by the Authority under subsection (1) is laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the rule is passed by either House within the next 21 days on which that House has sat after the rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
\n
Membership of Authority.
\n
98.— (1) The Authority shall consist of 7 members, being the chairperson, the deputy chairperson and 5 ordinary members, appointed by the Minister in accordance with this section.
\n
(2)A person is not eligible for appointment as chairperson or deputy chairperson unless the person— (a) is or was, at any time during the 2 years immediately before the appointment, a Judge of the Supreme Court, the High Court, the Circuit Court or the District Court, or (b) is of not less than 10 years standing as a barrister or solicitor.
\n
(3)Of the 5 ordinary members to be appointed by the Minister— (a) one shall be a social worker with experience in adoption practice, (b) one shall be a social worker with research expertise in child welfare, child protection or both, (c) one shall be a barrister or solicitor with experience in the practice of law in relation to families and children, (d) one shall be a medical practitioner whose name is for the time being included in a division of the register of medical practitioners referred to in paragraph (a) or (b) of subsection (2) of section 43 of the Medical Practitioners Act 2007 (as amended by the Health (Miscellaneous Provisions) Act 2007 , No. 42 of 2007), and (e) one shall be a person with appropriate training in psychology.
\n
(4)The Minister, to the extent practicable, shall endeavour to ensure that there is an equitable balance between men and women in the membership of the Authority.
\n
(5)Each member of the Authority shall hold office for a period which the Minister shall determine, not exceeding 5 years from the date of appointment to the office.
\n
(6)An appointed member who completes a term of office is eligible for reappointment to the Authority, but may not serve as a member for more than 2 consecutive terms.
\n
(7)An appointed member may resign office by letter addressed to the Minister and the resignation takes effect on the later of— (a) the date specified in the letter, or (b) the receipt of the letter by the Minister.
\n
(8)If an appointed member resigns, dies, ceases to hold office (other than on completing a term of office), ceases to be qualified for office or is removed from office, the Minister as soon as practicable shall appoint a person to fill the casual vacancy so occasioned.
\n
(9)A person appointed under subsection (8) holds office for the unexpired portion of his or her predecessor’s term of office.
\n
(10)An appointed member, with the consent of the Authority, may vacate his or her office for a specified period of time if, in that member’s opinion, he or she has a conflict of interest in relation to a matter being considered by the Authority.
\n
(11)The Minister may at any time remove an appointed member of the Authority from office if— (a) in the Minister’s opinion— (i) the member has become incapable through ill-health of performing the functions of the office, (ii) the member has committed stated misbehaviour, or (iii) the member’s removal from office is necessary for the Authority to perform its functions in an effective manner, (b) the member has contravened, or failed to discharge a duty imposed by, a provision of the Ethics in Public Office Act 1995 that by a regulation made under section 3 of that Act applies to that member, or (c) in performing functions under this Act, the member has not complied with a code of conduct under section 10
\n
(3)of the Standards in Public Office Act 2001 .
\n
(12)A person immediately ceases to be a member of the Authority if the person— (a) is adjudicated bankrupt, (b) makes a composition or arrangement with creditors, (c) is convicted of an indictable offence, (d) is convicted of an offence involving fraud or dishonesty, (e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act, (f) is sentenced to a term of imprisonment by a court of competent jurisdiction, or (g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession.
\n
Membership of either House of Oireachtas, European Parliament or local authority.
\n
99.— (1) A person is not eligible for appointment as a member of the Authority or of a committee of the Authority, if the person is— (a) a member of either House of the Oireachtas or of the European Parliament, (b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or (c) a member of a local authority.
\n
(2)An appointed member of the Authority or a member of a committee of the Authority immediately ceases to hold office on— (a) being nominated as a member of Seanad Éireann, (b) being elected as a member of either House of the Oireachtas or of the European Parliament, (c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or (d) becoming a member of a local authority.
\n
Meetings of Authority.
\n
100.— (1) The Minister, in consultation with the Authority, shall fix the date, time and place of the first meeting of the Authority.
\n
(2)The Authority shall hold as many meetings as are necessary for performing its functions but shall hold at least 12 meetings a year.
\n
(3)The chairperson at any reasonable time may call a meeting of the Authority.
\n
(4)Any 4 members of the Authority may call a meeting of the Authority if the chairperson— (a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 4 members, or (b) without refusing to call a meeting, does not call one within 7 days after being presented with the requisition.
\n
(5)The members present at a meeting called under subsection (4) shall choose one of their number to chair the meeting.
\n
(6)The quorum for a meeting of the Authority is— (a) the chairperson or deputy chairperson, or (b) in the case of a meeting called under subsection (4), the member chosen under subsection (5) to chair the meeting who, for that meeting, shall be regarded as the chairperson for the purposes of subsections (9) and (10), and 2 ordinary members, one of whom shall be a person described in paragraph (a) or (b) of section 98
\n
(3).
\n
(7)The chairperson shall preside at all meetings of the Authority at which he or she is present.
\n
(8)Each question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.
\n
(9)In the case of an equal division of votes, the chairperson, or in the absence of the chairperson, the deputy chairperson has a second or casting vote.
\n
(10)Each decision of the Authority shall be announced by the chairperson, the deputy chairperson or the other member authorised by the chairperson and neither the existence of nor the content of any opinion of any other member, whether assenting or dissenting, shall be disclosed.
\n
(11)Subject to this Act, the Authority may regulate, by standing orders or otherwise, the procedures and business of the Authority.
\n
Committees of Authority.
\n
101.— (1) The Authority may— (a) establish one or more committees to provide assistance and advice to the Authority in relation to the performance of the Authority’s functions, and (b) determine the membership and terms of reference of each committee.
\n
(2)Each committee— (a) shall be chaired by a member of the Authority, (b) may include as members persons who are not members or employees of the Authority, and (c) consists of the chairperson of the committee and the other persons, whether members of the Authority or not, who the Authority may appoint.
\n
(3)The Authority may regulate the procedure of each committee but, subject to any such regulation, a committee may regulate its own procedure.
\n
(4)At any time, the Authority may— (a) dissolve any of the committees, or (b) remove a member of any of the committees from his or her membership.
\n
Remuneration and expenses of members of Authority and committees.
\n
102.— (1) A person— (a) appointed as chairperson of the Authority, or (b) who is the deputy chairperson of the Authority, in respect of any period during which he or she acts as chairperson of the Authority, shall be paid by the Authority, out of moneys at its disposal, such remuneration and allowances for expenses as the Minister may from time to time determine with the consent of the Minister for Finance.
\n
(2)A member of the Authority and a member of a committee of the Authority shall be paid by the Authority, out of moneys at its disposal, such remuneration and allowances for expenses as the Minister may determine with the consent of the Minister for Finance.
\n
Chapter 2
\n
Chief Executive Officer Chief executive officer.
\n
103.— (1) The Authority shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Authority.
\n
(2)Notwithstanding subsection (1), the Minister may appoint the first chief executive officer for a term to be determined by the Minister.
\n
(3)A person is not eligible for appointment as the chief executive officer if the person is— (a) a member of either House of the Oireachtas or of the European Parliament, (b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or (c) a member of a local authority.
\n
(4)The chief executive officer holds office, subject to subsection (3), on the terms and conditions (including those relating to remuneration, allowances and superannuation) to be determined by the Authority with the approval of the Minister given with the consent of the Minister for Finance.
\n
(5)The chief executive officer, with the approval of the Minister, may be removed from office by the Authority for stated reasons.
\n
(6)The chief executive officer may attend any meeting of the Authority or of a committee of the Authority.
\n
Functions of chief executive officer.
\n
104.— (1) The chief executive officer shall— (a) carry on and manage and control generally the administration and business of the Authority, (b) perform such other functions as may be assigned to him or her by or under this Act or any other enactment or as may be determined by the Authority, and (c) provide the Authority with information (including financial information) relating to the performance of his or her functions as the Authority may require.
\n
(2)The chief executive officer is responsible to the Authority for— (a) the performance of the chief executive officer’s functions and the implementation of the Authority’s policies, (b) supporting the Authority in all functions of a judicial nature conferred on the Authority by this Act, (c) maintaining on behalf of the Authority— (i) the register of accredited bodies, and (ii) the register of intercountry adoptions.
\n
(3)Such of the functions of the chief executive officer as he or she may specify from time to time may be performed, with the consent of the Authority, by such employee of the Authority as may be authorised by the chief executive officer.
\n
(4)If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer under this section may be performed by an employee of the Authority designated by the Authority.
\n
Accountability of chief executive officer to Public Accounts Committee.
\n
105.— (1) The chief executive officer, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, shall give evidence to that Committee on— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required by this Act to prepare, (b) the economy and efficiency of the Authority in the use of its resources, (c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Authority referred to in any— (i) special report of the Comptroller and Auditor General under section 11
\n
(2)of the Comptroller and Auditor General (Amendment) Act 1993 , or (ii) other report of the Comptroller and Auditor General (insofar as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.
\n
(2)In the performance of the duties of the chief executive officer under this section, the chief executive officer shall not question or express an opinion on— (a) the merits of any policy of the Government or of a Minister of the Government, or (b) the objectives of such a policy.
\n
Accountability of chief executive officer to other Oireachtas Committees.
\n
106.— (1) In this section, “ committee ” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than— (a) the Committee on Members’ Interests of Dáil Éireann, (b) the Committee on Members’ Interests of Seanad Éireann, and (c) the Committee referred to in section 105
\n
(1), or a sub-committee of such a committee.
\n
(2)Subject to subsection (3), the chief executive officer, at the request in writing of a committee, shall attend before it to give account for the general administration of the Authority.
\n
(3)The chief executive officer is not required to give account before a committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.
\n
(4)Where the chief executive officer is of opinion that a matter in respect of which he or she is requested to give an account before a committee is a matter to which subsection (3) applies— (a) he or she shall inform the committee of the opinion and the reasons for it, and (b) unless the information is conveyed to the committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.
\n
(5)Where the chief executive officer has informed a committee of his or her opinion in accordance with subsection (4) and the committee does not withdraw the request referred to in subsection (2) insofar as it relates to a matter the subject of that opinion— (a) the chief executive officer, not later than 21 days after being informed by the committee of its decision not to withdraw the request, may apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or (b) the chairperson of the committee, on behalf of the committee, may make such an application, and the High Court shall determine the matter.
\n
(6)Pending determination of an application under subsection (5), the chief executive officer shall not attend before the committee to give account for the matter that is the subject of the application.
\n
(7)If the High Court determines that the matter concerned is one to which subsection (3) applies, the committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the chief executive officer shall attend before the committee to give account for the matter.
\n
(8)In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.
\n
Chapter 3
\n
Accountability, Plans, Reports and Funding Directions to Authority.
\n
107.— (1) The Minister may give general directions in writing to the Authority for any purpose in relation to the provisions of this Act, or any other enactment, and for any matter or thing referred to in this Act— (a) as specified or to be specified, or (b) as determined or to be determined.
\n
(2)The Minister may direct the Authority to supply the Minister with information, reports or statistics, in the manner and within the period, both as the Minister may determine, in relation to the performance of the functions assigned by or under this Act to the Authority.
\n
(3)The Authority shall comply with a direction under subsection (1) or (2) given by the Minister.
\n
Corporate plan of Authority.
\n
108.— (1) The Authority shall prepare, adopt and at the times specified in subsection (2), submit to the Minister for approval a corporate plan for the 3 years immediately following the date of its submission.
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(2)A corporate plan shall be submitted at the following times: (a) within 6 months of the establishment day; (b) within 6 months of the appointment of a new Minister for Health and Children if he or she requests that a new corporate plan be submitted; (c) at the end of the 3 year period since the last corporate plan was submitted.
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(3)The corporate plan shall be prepared in a form and manner in accordance with any direction given by the Minister and shall specify— (a) the key objectives of the Authority for the 3 year period concerned and the strategies for achieving those objectives, and (b) the uses to which the Authority proposes to apply its resources.
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(4)In preparing the corporate plan, the Authority shall have regard to the policies of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Authority.
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(5)Within 3 months of receiving a corporate plan, the Minister shall— (a) approve the plan, or (b) refuse to approve the plan if the plan is not amended in accordance with any directions that may be given by the Minister to the Authority.
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(6)An approved corporate plan may be amended by the Minister at any time or may be amended by the Authority, but in the latter case only after— (a) the Authority submits the proposed amendment to the Minister for approval, and (b) the amendment is approved by the Minister.
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(7)Subsections (3) to (6) apply with the necessary modifications in respect of an amendment by the Authority to an approved corporate plan.
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(8)Nothing in a corporate plan is to be taken to prevent the Authority from, or to limit the Authority in, performing its functions.
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(9)The Minister shall ensure that a copy of an approved corporate plan is laid before both Houses of the Oireachtas— (a) within 21 days of the plan being approved by the Minister, and (b) if the plan is amended under subsection (6) after being approved by the Minister, within 21 days of— (i) in the case of an amendment made by the Minister, the making of the amendment, or (ii) in the case of an amendment made by the Authority, the approval of the amendment by the Minister.
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(10)The Authority shall ensure that, as soon as practicable after copies of an approved plan are laid before the Houses of the Oireachtas, the plan is published— (a) on the Internet, and (b) in accordance with such other arrangements as the Minister may specify.
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(11)The Authority shall provide the Minister with a progress report on the implementation of an approved corporate plan for the Authority in the Authority’s annual report and, at the request of the Minister, at other times that the Minister may specify.
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Grants to Authority.
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109.— The Minister shall advance to the Authority out of moneys provided by the Oireachtas such sum as the Minister may, with the consent of the Minister for Finance, determine for the purposes of expenditure by the Authority in the performance of its functions.
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Submission of business plan.
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110.— (1) The Minister may, at any time before the beginning of a financial year, request the Authority to submit to the Minister a business plan for that financial year, and the Authority shall comply with such a request.
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(2)A business plan shall— (a) be prepared in the form and manner and in accordance with any directions given by the Minister, (b) indicate the Authority’s activities for the period to which the business plan relates, (c) contain estimates of the number of employees of the Authority for the period to which the plan relates, (d) contain any other information specified by the Minister, and (e) accord with policies and objectives of the Minister and the Government.
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(3)In preparing the business plan, the Authority shall have regard to the corporate plan in operation at that time approved under section 108 and any direction given by the Minister under section 107 .
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(4)The Authority shall give effect to the business plan unless the Minister, within 30 days of the submission of the plan, directs the Authority in writing to either amend the plan or not to give effect to it.
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(5)At the same time as giving a direction to the Authority under subsection (4), the Minister shall give his or her reasons in writing for the direction to the Authority.
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(6)The Authority shall comply with a direction under subsection (4).
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Code of governance.
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111.— (1) As soon as practicable after the Authority is established, it shall submit to the Minister for approval a code of governance that includes an outline of— (a) the guiding principles applicable to the Authority as a public body having the functions described in section 96 , (b) the structure of the Authority, including the role and responsibilities of the Authority and the chief executive officer, (c) the processes and guidelines to be followed to ensure compliance with the reporting requirements imposed on the Authority by or under this Act, and (d) the Authority’s internal controls, including its procedures relating to internal audit, risk management, public procurement and financial reporting.
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(2)The Authority shall review the code of governance periodically at the times that may be specified by the Minister and shall revise the code as the Authority considers appropriate.
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(3)In preparing or making revisions to the code of governance, the Authority shall have regard to any direction given by the Minister under section 107 .
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(4)Following the Minister’s approval of the code of governance or of any revisions to it, the Authority shall arrange for the publication of the code or the revised code.
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(5)The Authority shall indicate in its annual report its arrangements for implementing and maintaining adherence to the code of governance.
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Accounts of Authority.
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112.— (1) The chief executive officer shall cause to be kept all proper and usual books or other records of account of— (a) all income and expenditure of the Authority, (b) the source of the income and the subject matter of the expenditure, and (c) the property, assets and liabilities of the Authority.
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(2)Without prejudice to the generality of subsection (1), the chief executive officer shall also keep such special accounts as the Minister may direct.
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(3)The books, records and special accounts kept under this section shall be— (a) kept in the form, and (b) for the accounting periods, that the Minister may specify, with the consent of the Minister for Finance.
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(4)The accounts of the Authority prepared by the chief executive officer and approved by the Board shall be submitted to the Comptroller and Auditor General for audit not later than 3 months after the end of the financial year to which the accounts relate.
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(5)Within one month of the Comptroller and Auditor General issuing an audit certificate for the accounts of the Authority, a copy of— (a) the accounts, and (b) the report of the Comptroller and Auditor General on the accounts, shall be presented to the Minister who, within 2 months after their receipt, shall cause copies thereof to be laid before each House of the Oireachtas.
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(6)If required by the Minister, the Authority shall furnish to the Minister the information the Minister may require in respect of any balance sheet, account or report of the Authority.
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(7)The Authority, the chief executive officer and other employees of the Authority— (a) whenever so requested by the Minister, shall permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period, and (b) shall facilitate the examination, and the Authority shall pay such fee as may be fixed by the Minister for the examination.
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Chapter 4
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Standards, Codes of Conduct, Disqualification, etc.
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Standards of integrity.
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113.— (1) In performing functions under this or any other enactment as— (a) a member of the Authority or a committee of the Authority, (b) the chief executive officer or an employee of the Authority, (c) a person engaged under section 124 by the Authority as an adviser, or (d) an employee of a person referred to in paragraph (c), a person shall maintain proper standards of integrity, conduct and concern for the public interest.
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(2)Subsection (1) applies to an employee of a person referred to in subsection (1)(c) in respect only of duties of employment relating to the purposes for which the Authority has engaged that person.
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Codes of conduct.
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114.— (1) For the purposes of section 113
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(1), the Authority shall issue codes of conduct for the guidance of persons who are— (a) members of a committee of the Authority but are not members of the Authority, (b) employees of the Authority other than employees to whom a code of conduct under section 10
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(3)of the Standards in Public Office Act 2001 applies, (c) engaged under section 124 by the Authority as advisers, or (d) employees of persons referred to in paragraph (c).
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(2)A code of conduct issued under this section for the guidance of persons referred to in subsection (1) shall indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.
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(3)A person to whom the code of conduct relates is required to have regard to and be guided by the code in performing functions under this or any other enactment.
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(4)The terms and conditions on which a person is employed by the Authority or by a person referred to in subsection (1) (c) or on which a person is engaged by the Authority as an adviser are deemed to include the requirements that apply to that person under subsection (3).
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Availability of codes of conduct.
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115.— (1) Subject to subsection (2), the Authority, as soon as practicable after issuing a code of conduct, shall make the code available to the persons for whose guidance it was issued.
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(2)A code of conduct for the guidance of employees of a person engaged by the Authority as an adviser shall be issued by the Authority to the employer and shall be made available by the employer to those employees.
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(3)In the absence of evidence to the contrary, a document purporting to be a code of conduct issued under this section— (a) is that code of conduct, and (b) is admissible in any proceedings before a court or other tribunal, and any provision of the code of conduct that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by the court or tribunal in determining the question.
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Gifts.
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116.— (1) The Authority may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.
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(2)The Authority shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with the Authority’s— (a) functions, or (b) obligations, under this Act or any other enactment.
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Annual report.
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117.— (1) Not later than 30 June in each year, the Authority shall prepare and adopt an annual report in relation to the performance of the Authority’s functions during the immediately preceding calendar year.
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(2)An annual report shall include— (a) a statement of the activities undertaken by the Authority, (b) a report on the implementation of the Authority’s corporate plan approved under section 108 , (c) a report on the implementation of the Authority’s business plan submitted to the Minister under section 110 , (d) a report on the Authority’s arrangements for implementing and maintaining adherence to its code of governance, (e) other particulars that the Authority considers appropriate or as the Minister may specify, including but not limited to financial statements, (f) the number of applications for adoption and the decisions of the Authority thereon, (g) the names of the accredited bodies concerned in the applications, (h) the number of applications for registration of accredited bodies and the decisions of the Authority thereon, and (i) the name and address— (i) of each of the accredited bodies entered in the register of accredited bodies, and (ii) of each of the accredited bodies whose name was removed from the register, during the immediately preceding year.
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(3)As soon as may be, but in any event not later than 21 days after adopting the annual report, the Authority shall submit a copy of the annual report to the Minister.
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(4)The Minister shall ensure that copies of the annual report are laid before each House of the Oireachtas within 21 days of the Minister receiving the report.
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(5)The Authority shall ensure that the annual report is published— (a) on the Internet, and (b) in accordance with any other arrangements that the Minister may specify, as soon as practicable after copies of the report are laid before the Houses of the Oireachtas.
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Information to be furnished to Minister and Authority’s discretion to publish other reports.
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118.— (1) The Authority, whenever requested by the Minister, shall furnish to the Minister any information that the Minister may require relating to the policies and activities of the Authority.
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(2)The Authority, as it considers relevant and appropriate, may publish reports in addition to the annual report on matters related to the Authority’s activities and functions.
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Prohibition against unauthorised disclosure of confidential information.
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119.— (1) In this section “ confidential information ” means— (a) information that is expressed by the Authority to be confidential either as regards particular information or as regards information of a particular class or description, or (b) proposals of a commercial nature or tenders submitted to the Authority by any person.
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(2)Except in the circumstances specified in subsection (3), a person shall not disclose confidential information obtained while performing functions as— (a) a member of the Authority or a committee of the Authority, (b) the chief executive officer or any other employee of the Authority, (c) a person engaged by the Authority as an adviser, or (d) an employee of a person referred to in paragraph (c).
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(3)A person does not contravene subsection (2) by disclosing confidential information if the disclosure— (a) is made to or authorised by the Authority, (b) is made to the Minister by or on behalf of the Authority or in compliance with this Act, or (c) is required by law.
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Disqualification resulting from membership of either House of the Oireachtas, European Parliament or local authority.
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120.— The chief executive officer immediately ceases to hold office on— (a) being nominated as a member of Seanad Éireann, (b) being elected as a member of either House of the Oireachtas or of the European Parliament, (c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or (d) becoming a member of a local authority.
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Secondment of employees resulting from membership of either House of Oireachtas, European Parliament or local authority.
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121.— (1) An employee of the Authority (other than the chief executive officer) is immediately seconded from employment with the Authority on— (a) being nominated as a member of Seanad Éireann, (b) being elected as a member of either House of the Oireachtas or of the European Parliament, (c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy, or (d) becoming a member of a local authority.
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(2)No remuneration or allowances are payable by the Authority in respect of the secondment period from employment under subsection (1) and that period is not to be counted as service with the Authority for the purposes of any superannuation benefit.
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(3)In relation to a person seconded under subsection (1) from employment, the secondment period begins on the occurrence of the relevant event referred to in that subsection and ends when the person ceases to be a member of either House of the Oireachtas, a member of the European Parliament or a member of a local authority, as the case may be.
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Chapter 5
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Employees of Authority, etc.
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Employees of Authority.
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122.— (1) The Authority, subject to subsections (2) and (3), may appoint persons to be the Authority’s employees and may determine their duties.
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(2)Employees appointed under this section shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 .
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(3)Subsection (2) does not apply to employees appointed under this section during the 3 months beginning on the establishment day or during a shorter period that the Minister may specify.
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(4)The Authority, with the approval of the Minister given with the consent of the Minister for Finance, shall determine— (a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, and (b) the grades of the employees of the Authority and the numbers of employees in each grade.
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(5)A person is not eligible for appointment as an employee of the Authority if the person is— (a) a member of either House of the Oireachtas or of the European Parliament, (b) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, or (c) a member of a local authority.
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(6)The remuneration and allowances of the Authority’s employees are payable by the Authority to the employees out of funds at the Authority’s disposal.
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Superannuation.
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123.— (1) In this section, “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.
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(2)The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such employees of the Authority as it may think fit.
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(3)Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different terms may be fixed in respect of different classes of persons.
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(4)Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.
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(5)A scheme submitted by the Authority under this section, if approved by the Minister with the consent of the Minister for Finance, shall be carried out by the Authority in accordance with the terms of the scheme.
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(6)No superannuation benefit shall be granted by the Authority, nor shall any other arrangements be entered into by the Authority for the provision of such a benefit, to or in respect of an employee, otherwise than— (a) in accordance with a scheme under this section, or (b) with the consent of the Minister and the Minister for Finance.
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(7)Each scheme made under this section shall make provision for appeals.
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(8)The terms and conditions governing superannuation benefits granted under schemes made under this section to persons who transferred to the Authority under section 137 shall be no less favourable than those terms and conditions to which those persons were entitled immediately before their transfer.
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(9)Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the Authority under section 137 — (a) the benefit shall be calculated by the Authority in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the transfer, and (b) the person’s pensionable service with the Authority shall be aggregated with the person’s previous pensionable service and the benefit, as so calculated, shall be paid by the Authority.
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(10)A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to anything done previously.
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Advisers.
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124.— (1) The Authority, with the approval of the Minister given with the consent of the Minister for Finance, may engage such advisers as the Authority considers necessary for the performance of its functions.
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(2)Any fees due to an adviser engaged under this section are payable by the Authority out of funds at the Authority’s disposal.
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PART 13
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Registration of Accredited Bodies
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Chapter 1
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Arrangements for Adoption Restrictions on making arrangements for adoption.
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125.— (1) A person shall not— (a) make or attempt to make an arrangement for the adoption of a child, (b) for the purpose of having a child adopted— (i) retain the child in the person’s custody, or (ii) arrange to have the child retained in the custody of another person, or (c) take part in the management or control of a body of persons which exists wholly or partly for the purpose of making arrangements for adoption.
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(2)A person shall not give a child, or cause a child to be given, to another person for the purpose of having the child adopted unless— (a) the first-mentioned person is a parent of the child, and (b) the person who intends to adopt the child is— (i) a parent of the child, (ii) a relative of the child, or (iii) the spouse of a parent of the child.
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(3)A person shall not receive a child for the purpose of adopting the child unless the person is— (a) a parent of the child, (b) a relative of the child, (c) the spouse of a parent of the child, or (d) a person with whom a child is placed by an accredited body or the Health Service Executive.
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(4)Notwithstanding subsections (1) and (2), the Health Service Executive may carry out any of the activities described in those subsections.
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(5)Notwithstanding subsections (1) and (2), an accredited body may carry out any of the activities described in those subsections in respect of which the accredited body is registered in the register of accredited bodies.
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(6)Notwithstanding subsection (1)(a), a person may carry out an activity described in paragraph (g), (h) or (i) of section 4 so long as that person is not also carrying out an activity described in paragraphs (a) to (f), (j) or (k) of that section or any of the activities described in section 5 .
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Chapter 2
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Register of Accredited Bodies Register of accredited bodies.
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126.— (1) The Adoption Societies Register kept under section 35 of the Adoption Act 1952 by An Bord Uchtála is continued in being and, on and after the establishment day, is to be— (a) known as the register of accredited bodies, and (b) kept and maintained under this Act by the Authority.
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(2)Entries in the register of accredited bodies shall be in the form and contain the particulars required under section 127 .
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(3)The register of accredited bodies shall be made available for inspection by any person at all reasonable times.
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(4)Every document purporting to be a copy of or extract from an entry in the register of accredited bodies and purporting to be certified by the chief executive officer to be a true copy of or extract from the register of accredited bodies shall— (a) be received in evidence in any legal proceedings, and (b) until the contrary is proved, be deemed to be a true copy of or extract from such entry, and to be evidence of such entry, without proof of the signature of the chief executive officer.
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Registration of accredited bodies.
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127.— (1) Subject to this section, the Authority shall enter in the register of accredited bodies— (a) the name of any body of persons that applies to be registered and furnishes to the Authority such information as the Authority considers necessary to determine if the body of persons is entitled to be registered, (b) particulars of the activity or activities in respect of which the body of persons is registered, and (c) particulars of the state or states of origin to which the registration relates in any case where the registration of the body of persons is for any such activity or activities related to the adoption or maintenance of a child whose state of origin is— (i) another contracting state, or (ii) a state that has a bilateral agreement with the State.
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(2)The Authority shall not register in the register of accredited bodies any body of persons in respect of any activity or activities unless satisfied that the body of persons meets the requirements prescribed for the time being under section 151 in respect of that activity, those activities or any combination of those activities.
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(3)The Authority may refuse to register in the register of accredited bodies any body of persons in respect of any activity or activities— (a) if that body of persons does not meet the requirements referred to in subsection (2) that are applicable to that body of persons, or (b) if it appears to the Authority that any person who— (i) takes part in the management or control of the body of persons, or (ii) is engaged on behalf of the body of persons in connection with that activity, is not a fit and proper person to act in that regard.
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(4)A body of persons that is registered in the register of accredited bodies in respect of— (a) one or more of the activities specified in paragraphs (e) to (g) of section 4 , or (b) an activity specified in section 5 (b), is disqualified for registration in respect of any other activity.
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(5)On registering a body of persons in the register of accredited bodies, the Authority shall issue to the body of persons a certificate of registration specifying— (a) the activity or activities for which that body of persons is registered, and (b) if the body of persons is registered for any activity or activities specified in section 4 or 5 related to the adoption or maintenance of a child whose state of origin is— (i) another contracting state, or (ii) a state that has a bilateral agreement with the State, the state or states of origin to which the registration relates.
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(6)Notwithstanding any other provision of this section, the Authority— (a) under Article 12 (which relates to when an accredited body in one contracting state may act in another), may authorise an accredited body to act in another state, and (b) subject to any applicable provision of a bilateral agreement, may authorise an accredited body to act in a state that has entered into a bilateral agreement with the State.
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Renewal of registration.
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128.— (1) Subject to section 130 , the period of registration of an accredited body is 5 years from the date of registration.
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(2)Subject to any regulations made under section 151 , an accredited body may apply for renewal of registration for further periods, each of which shall not exceed 3 years.
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(3)An accredited body shall furnish to the Authority such information as the Authority considers necessary to determine whether the registration of the body should be renewed.
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(4)Subsections (2), (3) and (4) of section 127 apply in relation to an application for renewal of registration as those subsections apply in relation to an application for registration.
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(5)A term of renewal of registration, including a renewal pursuant to an application for renewal of registration referred to in section 129 , takes effect from the expiry of the previous registration.
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Cancellation of registration for failure to apply for renewal.
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129.— (1) If an accredited body does not apply for renewal of registration when it is required by section 128 to do so, the Authority shall inform the accredited body by notice in writing that its registration will be cancelled one month after the date of the notice unless an application for renewal of registration is received within that month.
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(2)If the accredited body does not apply for renewal of registration within one month of the date of the notice under subsection (1), the Authority shall cancel the body’s registration.
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Cancellation of registration for other reasons.
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130.— The Authority may cancel the registration of an accredited body in respect of any or all of the activities for which it is registered if— (a) there are grounds on which the Authority would be entitled or required to refuse an application for the registration of the accredited body, (b) it appears to the Authority that this Act is not, or the regulations under section 151 are not, being complied with by the accredited body, or (c) an offence under this Act is committed by the accredited body or by any person acting on its behalf.
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Amendment of registration.
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131.— The Authority may amend an entry in the register of accredited bodies relating to an accredited body if the Authority considers the amendment necessary or desirable in the circumstances.
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Duty to notify of registration decisions.
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132.— (1) Where the Authority proposes in respect of an activity to— (a) refuse to register an applicant in the register of accredited bodies, (b) refuse to renew the registration of an accredited body, (c) amend the registration of an accredited body, or (d) cancel the registration of an accredited body, in respect of that activity, the Authority shall give written notice to the applicant or the accredited body concerned of the proposal and of the reasons for it.
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(2)The notice of the Authority’s proposal shall include a statement that the applicant or accredited body concerned may make representations in writing to the Authority within 21 days of receiving the notice.
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(3)The Authority— (a) before any decision on a proposal of which notice is given under subsection (1), shall take into consideration any representations made to the Authority by the applicant or accredited body concerned within the 21 days referred to in subsection (2), and (b) on carrying out the proposal, shall give written notice to the applicant or accredited body of the Authority’s decision and of the reasons for the decision.
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(4)The notice of the Authority’s decision shall include a statement that the applicant or accredited body concerned may appeal the decision to the District Court within 21 days of receiving the notice.
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Accredited bodies to furnish information to Authority and permit inspection of their records.
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133.— An accredited body, every officer of the accredited body and every other person taking part in its management or control shall— (a) furnish the Authority with such information as the Authority may from time to time by notice in writing require with regard to the accredited body’s constitution, membership, employees, organisation and activities, and (b) at all reasonable times permit a member or employee of the Authority authorised by the Authority to inspect and make copies of all books and documents relating to adoption that are under the control of the accredited body.
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Notices in Iris Oifigiúil of registration and cancellation.
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134.— The Authority shall cause to be published in Iris Oifigiúil a notice in the prescribed form of every registration and cancellation of registration in the register of accredited bodies.
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Chapter 3
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Appeals Respecting Registration of Accredited Bodies Appeals from decisions relating to registration.
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135.— (1) Any body of persons may appeal to the District Court against a decision of the Authority under section 132 , in respect of an activity— (a) to refuse to register in the register of accredited bodies that body of persons, (b) to refuse to renew the registration of that body of persons in the register of accredited bodies, (c) to amend the registration of that body of persons in the register of accredited bodies, or (d) to cancel the registration of that body of persons in the register of accredited bodies, in respect of that activity.
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(2)The appeal shall be brought not later than 21 days after the body of persons concerned receives written notice of the decision and notice of the appeal shall be given by that body of persons to the Authority.
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(3)After hearing the appeal, the District Court may— (a) confirm the decision under appeal, or (b) direct the Authority, as may be appropriate, in respect of the activity concerned— (i) to register the body of persons in the register of accredited bodies, (ii) to renew the registration of the body of persons, (iii) to withdraw the amendment of the registration, or (iv) to restore the cancelled registration.
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(4)A decision of the District Court under this section on a matter of fact is final.
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(5)The Authority is entitled— (a) to be given notice of an appeal under this section, and (b) to appear, be heard and adduce evidence at the hearing of the appeal.
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PART 14
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Dissolution of An Bord Uchtála Dissolution of An Bord Uchtála.
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136.— An Bord Uchtála is dissolved by this Act on the establishment day.
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Transfer of persons to be employees of Authority.
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137.— (1) In this section— “ recognised trade union or association of employees ” means— (a) a trade union, or (b) an association of employees, recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment; “ terms and conditions of service ” includes terms and conditions in respect of tenure of office, remuneration and related matters.
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(2)The Minister, in relation to civil servants serving in the Department of Health and Children and the Minister for Justice and Law Reform, in relation to civil servants serving in the Department of Justice and Law Reform, shall designate civil servants immediately before the establishment day to be transferred to the Authority on the establishment day.
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(3)Staff transferred in accordance with subsection (2) are deemed to be public servants in the employment of the Authority.
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(4)Save in accordance with a collective agreement negotiated with any recognised trade unions and staff associations concerned, a person who is transferred to the Authority under subsection (2) shall not, at the time of the transfer, receive pay at a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which the person was entitled or the terms and conditions of service (including those relating to tenure of office) to which he or she was subject immediately before the transfer.
\n
(5)The previous service in the civil service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts: (a) the Redundancy Payments Acts 1967 to 2007; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Organisation of Working Time Act 1997 ; (e) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (f) the Unfair Dismissals Acts 1977 to 2007; (g) the Maternity Protection Acts 1994 and 2004; (h) the Parental Leave Acts 1998 and 2006; (i) the Adoptive Leave Acts 1995 and 2005; (j) the Carer’s Leave Act 2001 ; (k) the Terms of Employment (Information) Acts 1994 and 2001.
\n
Transfer of property and liabilities to Authority.
\n
138.— (1) On the establishment day all property that, immediately before that day, was the property of An Bord Uchtála is transferred to and vested in the Authority without any conveyance or assignment.
\n
(2)All rights and liabilities of An Bord Uchtála arising by virtue of any contract, agreement or arrangement— (a) entered into by or on behalf of An Bord Uchtála before the establishment day, and (b) in effect immediately before that day, are on the establishment day transferred to the Authority.
\n
(3)Each right and liability transferred under this section, on or after its transfer, may be sued on, recovered or enforced by or against the Authority in the Authority’s own name.
\n
(4)The Authority need not give notice of the transfer to the person whose right or liability is transferred.
\n
Preservation of contracts, etc., and adaptation of references.
\n
139.— (1) Every contract, agreement or arrangement made between An Bord Uchtála and any other person and in force immediately before the establishment day— (a) continues in force on and after that day, (b) has effect as if the name of the Authority were substituted in the contract, agreement or arrangement for that of An Bord Uchtála, and (c) is enforceable by or against the Authority.
\n
(2)Notwithstanding subsection (1), a person who, immediately before the establishment day, has a contract, agreement or arrangement with An Bord Uchtála is entitled as of that day, without any legal consequences, to terminate the contract by notice in writing delivered to the Authority.
\n
Records of An Bord Uchtála.
\n
140.— Each record held by An Bord Uchtála immediately before the establishment day— (a) is transferred on that day to the Authority, and (b) on and from that day, is the property of the Authority and shall be held by the Authority.
\n
Pending legal proceedings.
\n
141.— (1) If, immediately before the establishment day, any legal proceedings to which An Bord Uchtála is a party are pending in any court or tribunal— (a) the Authority’s name is substituted in the proceedings for that of An Bord Uchtála, and (b) the proceedings do not abate because of the substitution.
\n
(2)Any reference to An Bord Uchtála in an order made by a court or tribunal before the establishment day shall be read on and after the establishment day as a reference to the Authority.
\n
Pending adoption proceedings.
\n
142.— If, immediately before the establishment day, any proceedings brought by an applicant or applicants to An Bord Uchtála for an adoption order are continuing— (a) the Authority’s name is substituted in the proceedings for that of An Bord Uchtála, and (b) the proceedings do not abate because of the substitution.
\n
References to Adoption Board in enactments made before establishment day.
\n
143.— (1) In subsection (2), “ statutory instrument ” does not include an adoption order or any amendment to an adoption order.
\n
(2)Subject to this Act, on and after the establishment day, references to An Bord Uchtála or the Adoption Board— (a) in any Act passed before the establishment day, or (b) in any statutory instrument made before that day under an Act, are to be read as references to the Authority, unless the context otherwise requires.
\n
PART 15
\n
Offences
\n
Chapter 1
\n
Contraventions and Non-Compliance Other than as Provided in Other Parts Prohibition against certain advertisements.
\n
144.— A person shall not publish or cause to be published an advertisement indicating— (a) that a parent or guardian of a child desires to have the child adopted, (b) that a person desires to adopt a child, or (c) that a person (not being an accredited body, the Health Service Executive or the Authority) is willing to make arrangements for the adoption of a child.
\n
Prohibition against receiving, making or giving certain payments and rewards or agreeing to do so.
\n
145.— (1) A person who is— (a) an adopter, (b) a prospective adopter, (c) a parent, or (d) a guardian, of a child shall not receive or agree to receive, in consideration of the adoption of the child, any payment or other reward.
\n
(2)A person shall not make or give, or agree to make or give, any— (a) payment, or (b) other reward, the receipt of which is prohibited by subsection (1).
\n
(3)A person shall not— (a) receive, make or give any payment or other reward, or (b) agree to receive, make or give any payment or other reward, in consideration of making arrangements for the adoption of a child.
\n
(4)Subsections (2) and (3) do not apply to accredited bodies in respect of— (a) reasonable costs and expenses related to their functions, including reasonable fees paid as remuneration for professional services, and (b) the receipt of gifts of money with the prior approval of the Authority.
\n
(5)This section does not apply in respect of payments made for the maintenance of a child referred to in subsection (1).
\n
Prohibition against false or misleading statements or information.
\n
146.— A person shall not— (a) knowingly make any false or misleading statement or furnish any false or misleading information, or (b) aid or abet another person to make any false or misleading statement or furnish any false or misleading information, to the Authority, an accredited body or a person acting on behalf of either of them.
\n
Chapter 2
\n
Offences and Penalties Offences.
\n
147.— (1) An accredited body is guilty of an offence if the accredited body— (a) contravenes section 13 , or (b) fails to discharge a duty to which it is subject under section 14 , 17 or 18 or under a provision of the regulations referred to in section 15
\n
(1).
\n
(2)A person is guilty of an offence if the person— (a) contravenes section 44
\n
(5)or 119 , subsection (1), (2) or (3) of section 125 , subsection (1), (2) or (3) of section 145 or section 146 , (b) fails to discharge a duty to which the person is subject under subsection (1) or (2) of section 82 or section 133 , or (c) contravenes a provision of, or fails to discharge a duty to which the person is subject under a provision of, the regulations made under this Act.
\n
(3)A person is guilty of an offence if the person contravenes section 46
\n
(3).
\n
(4)A person is guilty of an offence if the person fails to discharge a duty to which the person is subject under section 90
\n
(4).
\n
(5)A person is guilty of an offence if the person contravenes section 144 .
\n
(6)In determining for the purposes of subsection (2) whether a person has contravened section 125
\n
(1)(a), the court shall have regard to the matters set out in sections 4 and 5 and also to whether the person did any or all of the following: (a) prepared documentation to assist any prospective adopter habitually resident in the State in complying with the adoption laws of the state of origin of the child concerned; (b) provided assistance to any prospective adopter habitually resident in the State in relation to any legal matter that arose in the state of origin of the child concerned and relates to the effecting of the adoption in that state or to the release of that child from that state for the purpose of adoption in the State; (c) provided assistance in transferring the child concerned to the State; (d) carried out any other activity the purpose of which was to assist any prospective adopter habitually resident in the State in adopting the child concerned whose state of origin is another contracting state or a state that has a bilateral agreement with the State.
\n
Penalties.
\n
148.— (1) An accredited body guilty of an offence under section 147
\n
(1)is liable on summary conviction to a fine not exceeding €5,000.
\n
(2)A person guilty of an offence under section 147
\n
(2)is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.
\n
(3)A person guilty of an offence under section 147
\n
(3)is liable on summary conviction to a fine not exceeding €3,000.
\n
(4)A person guilty of an offence under section 147
\n
(4)is liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.
\n
(5)A person guilty of an offence under section 147
\n
(5)is liable on summary conviction to a fine not exceeding €5,000.
\n
Proceedings for offences.
\n
149.— (1) Notwithstanding section 10
\n
(4)of the Petty Sessions (Ireland) Act 1851 , proceedings for an offence under this Act may be instituted at any time within 12 months from the date of the offence or, if later, 12 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person’s knowledge.
\n
(2)Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person who, when the offence was committed, was a director, a member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if guilty of the first-mentioned offence.
\n
PART 16
\n
Regulations Regulations.
\n
150.— (1) Subject to sections 85
\n
(5)and 89 , the Minister may make regulations— (a) for any purpose in relation to which regulations are provided for in this Act, (b) prescribing any matter or thing referred to in this Act as prescribed or to be prescribed, and (c) generally for the purpose of giving effect to this Act.
\n
(2)Regulations under this Act may contain such consequential, supplementary and ancillary provisions as the Minister of the Government making the regulations considers necessary or expedient.
\n
Regulations relating to accredited bodies.
\n
151.— (1) Without prejudice to the generality of section 150 , the Minister shall make such regulations as he or she thinks appropriate for the purpose of ensuring that the activities specified in sections 4 and 5 are carried on only by accredited bodies.
\n
(2)Without prejudice to the generality of subsection (1), regulations under this section may— (a) prescribe the form of entries in the register of accredited bodies and the particulars to be contained in such entries, (b) prescribe requirements in respect of applications to the Authority for registration, and for renewal of registration, in the register of accredited bodies, (c) prescribe requirements for the purpose of section 127
\n
(2), (d) impose on accredited bodies and their officers or employees duties to furnish to the Authority information concerning their constitutions, membership, employees, organisation and activities, (e) prescribe the conditions and limits in accordance with which accredited bodies shall pursue only non-profit objectives, and (f) provide for the auditing of the composition, operation and financial management of accredited bodies.
\n
(3)The Minister shall consult with the Authority before making regulations under this section.
\n
(4)Regulations under this section may provide differently for bodies of persons applying for registration, or for renewal of registration, in the register of accredited bodies, in relation to different categories of activities or for accredited bodies registered in respect of different categories of activities.
\n
Regulations relating to register of intercountry adoptions.
\n
152.— Without prejudice to the generality of section 150 , the Minister may make regulations prescribing the form of entries in the register of intercountry adoptions and the particulars to be contained in those entries.
\n
Regulations relating to Hague Convention.
\n
153.— (1) Without prejudice to the generality of section 150 , the Minister may make regulations for the purpose of enabling this Act and the Hague Convention to have full effect.
\n
(2)The power conferred by subsection (1) includes power to prohibit the charging and collection of fees and other remuneration and to limit the amount of any fees or remuneration.
\n
Regulations relating to transfer of child from State for adoption in receiving state.
\n
154.— Without prejudice to the generality of section 150 , the Minister may make regulations prescribing procedures for the transfer of a child to another contracting state under section 70 .
\n
Laying of regulations before Houses of Oireachtas.
\n
155.— The Minister shall ensure that every regulation made by the Minister under this Part is laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either House within 21 sitting days after the day on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
\n
PART 17
\n
Consequential Amendments to Other Acts References to adoptions, etc.
\n
156.— (1) Every reference in any Act or in any instrument made under any Act, however expressed, to adoptions or adoption orders or adopted persons under any or all of the Adoption Acts 1952 to 1998 shall be read as a reference to adoptions or adoption orders made under this Act, or persons adopted under an adoption order made under this Act, as the case may be.
\n
(2)Every reference in any Act or in any instrument made under any Act, however expressed, to foreign adoptions recognised by law shall be read as a reference to intercountry adoptions effected outside the State and recognised under this Act.
\n
(3)Every reference in any Act or in any instrument made under any Act, however expressed, to a registered adoption society shall be read as a reference to an accredited body.
\n
(4)Every reference in any Act or in any instrument made under any Act, to An Bord Uchtála shall be read as a reference to the Authority.
\n
Amendment of Adoptive Leave Act 1995.
\n
157.— The Adoptive Leave Act 1995 is amended— (a) in section 2(1)— (i) by inserting the following definitions: “ ‘accredited body’ means a body of persons whose name is entered in the register of accredited bodies maintained under
\n
Part 13
\n
of the Adoption Act 2010; ‘adoption order’ means an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010; ‘Authority’ has the meaning assigned to it by section 3
\n
(1)of the Adoption Act 2010;”, (ii) by substituting the following for the definition of “foreign adoption”: “ ‘foreign adoption’ means an intercountry adoption effected outside the State within the meaning of section 3
\n
(1)of the Adoption Act 2010;”, and (iii) by deleting the definition of “registered adoption society”, (b) in section 7(2), by substituting the following for paragraph (c)(i): “(c) (i) having caused her employer to be supplied with a copy of an applicable ‘declaration of eligibility and suitability’ (within the meaning of section 3
\n
(1)of the Adoption Act 2010) before the expected day of placement, if not already supplied, and”, (c) in section 8(6), by substituting the following for paragraph (b): “(b) having caused her employer to be supplied with a copy of an applicable instrument, prepared by or on behalf of the Central Authority of the state of the adoption, that is equivalent to a ‘declaration of eligibility and suitability’ (within the meaning of section 3
\n
(1)of the Adoption Act 2010).”, (d) in section 9(2)(c), by substituting the following for subparagraph (ii)(I); “(I) causing his employer to be supplied with a copy of an applicable instrument, prepared by or on behalf of the Central Authority of the state of the adoption, that is equivalent to a ‘declaration of eligibility and suitability’ (within the meaning of section 3
\n
(1)of the Adoption Act 2010) as soon as reasonably practicable but not later than 4 weeks after the commencement of the leave, and”, (e) in section 11(2), by substituting the following for paragraph (b): “(b) causing his employer to be supplied with a copy of an applicable instrument, prepared by or on behalf of the Central Authority of the state of the adoption, that is equivalent to a ‘declaration of eligibility and suitability’ (within the meaning of section 3
\n
(1)of the Adoption Act 2010) as soon as reasonably practicable but not later than 4 weeks after the commencement of the leave, and”, and (f) in section 13(1)— (i) in subsections (1)(b), (2) and (6), by substituting “accredited body” for “registered adoption society” wherever occurring, and (ii) in subsections (6), (7) and (8), by substituting “the Authority” for “An Bord Uchtála” wherever occurring.
\n
Amendment of Child Care Act 1991.
\n
158.— The Child Care Act 1991 is amended— (a) in section 6, by substituting the following for subsections (1) and (2): “(1) The Health Service Executive shall provide, or ensure the provision of, a service for the adoption of children in accordance with the Adoption Act 2010.
\n
(2)For the purposes of this section, the Health Service Executive may enter into arrangements with an accredited body within the meaning of section 3
\n
(1)of the Adoption Act 2010.”, (b) in section 23O, by substituting the following for paragraph (g) of the definition of “ private foster care arrangement ”: “(g) is placed for adoption under an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or is the subject of an intercountry adoption effected outside the State recognised by that Act,”, (c) in section 23V(1), by substituting “an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or an intercountry adoption effected outside the State recognised by that Act” for “the Adoption Acts, 1952 to 1998”, (d) in section 23V(2)(d), by substituting “the Adoption Act 2010” for “the Adoption Acts, 1952 to 1998”, and (e) in section 44, by substituting the following for subsections (1) and (2): “(1) Where a child is adopted under the Adoption Act 2010 and the child, immediately before the adoption, was being maintained in foster care by the Health Service Executive with the adopter or adopters, the Health Service Executive, subject to— (a) any general directions that may be given by the Minister, and (b) any conditions that may be imposed by the Health Service Executive, may contribute to the child’s maintenance as if the child continued to be in foster care.
\n
(2)Where a child is adopted under the Adoption Act 2010, any care order in force in respect of the child ceases to have effect.”.
\n
Amendment of Civil Registration Act 2004.
\n
159.— The Civil Registration Act 2004 is amended— (a) in section 2— (i) in subsection (1)— (I) by deleting the definitions of “ adoption” and “foreign adoption”, (II) in the definition of “event”, to delete the references to adoption and foreign adoption, (III) by deleting paragraph (c) of the definition of “registrar”, and (IV) by deleting paragraphs (c) and (d) of the definition of “ the required particulars”, (ii) in subsection (3)(a), by deleting “adoption, foreign adoption,”, (b) in section 8— (i) in subsection (1)(a), by deleting “adoptions,”, (ii) in subsection (2), by substituting “deaths and marriages” for “deaths, marriages, adoptions and foreign adoptions”, (iii) in subsection (4), by inserting “, including his or her functions under
\n
Chapter 1
\n
of
\n
Part 10
\n
of the Adoption Act 2010” after “the performance of his or her functions”, (iv) in subsection (5), by inserting “, including his or her functions under
\n
Chapter 1
\n
of
\n
Part 10
\n
of the Adoption Act 2010” after “the performance of his or her functions”, and (v) in subsection (6), by inserting “, including his or her functions under
\n
Chapter 1
\n
of
\n
Part 10
\n
of the Adoption Act 2010” after “such of his or her functions”, (c) by deleting subsections (1)(c) and (5) of section 13, (d) in section 61, by substituting the following for subsection (3): “(3) This section does not apply to the register of stillbirths or an index to that register or an index kept under— (a) section 22
\n
(5)of the Adoption Act 1952 , or (b) section 86 of the Adoption Act 2010.”, (e) in section 73— (i) in subsection (1), by substituting the following for paragraphs (f) to (h): “(f) decrees of nullity, or (g) any other prescribed matters.”, (ii) in subsection (3)(a), by substituting “decree of divorce or decree of nullity” for “decree of divorce, decree of nullity or adoption” in both places where it occurs, and (iii) in subsection (7), by substituting “decree of divorce or decree of nullity” for “decree of divorce, decree of nullity or adoption”, (f) in the First Schedule, by deleting Parts 3 and 4, and (g) in the Second Schedule, by deleting the references to the enactments specified in Schedule 4 .
\n
Amendment of section 99(1) of Defence Act 1954.
\n
160.—
\n
Section 99
\n
(1)(as amended by section 24
\n
(2)of the Status of Children Act 1987 ) of the Defence Act 1954 is amended by substituting “an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or an intercountry adoption effected outside the State and recognised under that Act” for “the Adoption Acts, 1952 to 1976,”.
\n
Amendment of section 46(1) of Freedom of Information Act 1997.
\n
161.— The Freedom of Information Act 1997 is amended in section 46(1) (as amended by section 29 of the Freedom of Information (Amendment) Act 2003 and section 74 of the Safety, Health and Welfare at Work Act 2005 ), by inserting the following after paragraph (dc): “(dd) a record held or created under the relevant statutory provisions by the Adoption Authority or an employee of the Authority, relating to or arising from the making of an adoption order or the recognition of an intercountry adoption effected outside the State, within the meaning of the Adoption Act 2010, (other than a record concerning any other functions of the Authority or the general administration of the Authority),”.
\n
Amendment of section 2(1) of Guardianship of Infants Act 1964.
\n
162.—
\n
Section 2
\n
(1)(inserted by section 4 of the Children Act 1997 ) of the Guardianship of Infants Act 1964 is amended by substituting the following definition for the definition of “adoption order”: “ ‘adoption order’ means— (a) an adoption order within the meaning of the Adoption Act 2010; or (b) an intercountry adoption effected outside the State and recognised under that Act; and for the time being in force;”.
\n
Amendment of Married Women’s Status Act 1957.
\n
163.— The Married Women’s Status Act 1957 is amended— (a) in section 7(8), by substituting “a child adopted under an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act” for “adopted person (within the meaning of the Adoption Act 1952 (No. 25 of 1952)).”, and (b) in section 8(5), by substituting “a child adopted under an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act” for “adopted person (within the meaning of the Adoption Act 1952 (No. 25 of 1952)).”.
\n
Amendment of section 20(9) of Ministerial and Parliamentary Offices Act 1938.
\n
164.— Subsection (9) of section 20 (inserted by section 15
\n
(1)of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 ) of the Ministerial and Parliamentary Offices Act 1938 is amended by substituting the following for the definition of “ adopted child ”: “ ‘adopted child’ means a child adopted under an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act;”.
\n
Amendment of paragraph 1(2) of First Schedule to Official Languages Act 2003.
\n
165.— Paragraph 1(2) of the First Schedule to the Official Languages Act 2003 is amended— (a) in the Irish text, deleting “An Bord Uchtála” and by inserting “Údarás Uchtála na hÉireann” and, (b) in the English text, deleting “An Bord Uchtála” and by inserting “Údarás Uchtála na hÉireann”.
\n
Amendment of section 6A(6)(b) of Oireachtas (Allowances to Members) Act 1938.
\n
166.— Paragraph (b) of section 6A(6) (inserted by section 1 of the Oireachtas (Allowances to Members) (Amendment) Act 1968 ) of the Oireachtas (Allowances to Members) Act 1938 is amended by substituting “an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or a recognition of an intercountry adoption effected outside the State within the meaning of that Act” for “an adoption order under the Adoption Act 1952 ”.
\n
Amendment of Part II of First Schedule to Ombudsman Act 1980.
\n
167.— The Ombudsman Act 1980 is amended— (a) in Part II of the First Schedule, by deleting “An Bord Uchtála”, and (b) in the Second Schedule, by inserting “Údarás Uchtála na hÉireann”.
\n
Amendment of Part 2 of Schedule 1 to Ombudsman for Children Act 2002.
\n
168.— Part 2 of Schedule 1 to the Ombudsman for Children Act 2002 is amended by deleting the following: “The reference in the said Part I to the Department of Health and Children does not include a reference to — An Bord Uchtála.”.
\n
Amendment of section 2(1) of Parental Leave Act 1998.
\n
169.—
\n
Section 2
\n
(1)of the Parental Leave Act 1998 is amended by substituting the following for the definition of “adoption order”: “ ‘adoption order’ means an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or a recognition of an intercountry adoption effected outside the State within the meaning of that Act;”.
\n
Amendment of section 6(2)(b) of Prosecution of Offences Act 1974.
\n
170.—
\n
Section 6
\n
(2)(b) of the Prosecution of Offences Act 1974 is amended by substituting “within the meaning of section 3
\n
(1)of the Adoption Act 2010 or a recognition of an intercountry adoption effected outside the State within the meaning of that Act” for “under the Adoption Acts, 1952 and 1964”.
\n
Amendment of Social Welfare Consolidation Act 2005.
\n
171.— The Social Welfare Consolidation Act 2005 is amended— (a) in section 3(6), by substituting “an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or is the subject of an intercountry adoption effected outside the State and recognised under that Act” for “the Adoption Acts 1952 to 1998”, (b) in each of subparagraphs (i), (ii) and (iii) of paragraph (b) of the definition of “adopting parent” in section 58(1), by substituting “an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or the recognition of an intercountry adoption effected outside the State within the meaning of that Act” for “an adoption order, or to the effecting of a foreign adoption”, (c) in section 58(1), by deleting the definition of “foreign adoption”, and (d) in section 82(9), by substituting “an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or the subject of an intercountry adoption effected outside the State and recognised under that Act” for “the Adoption Acts 1952 to 1998”.
\n
Amendment of Status of Children Act 1987.
\n
172.— The Status of Children Act 1987 is amended— (a) in section 3(2), by substituting the following for paragraph (b): “(b) In this subsection ‘adopted person’ means a person who has been adopted under an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or, where the person has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State.”, (b) in section 27(3), by substituting “ section 60 of the Adoption Act 2010 (which relates to the property rights of persons adopted under the Adoption Act 2010)” for “the provisions of section 26 of the Adoption Act 1952 (which relates to the property rights of persons adopted under the Adoption Acts, 1952 to 1976)”, and (c) in section 27(4)(a), by substituting “section 60 (as construed in accordance with subsection (3) of this section) of the Adoption Act 2010” for “ section 26 (as construed in accordance with subsection (3) of this section) of the Adoption Act 1952 ”.
\n
Amendment of section 4A of Succession Act 1965.
\n
173.— Section 4A (inserted by section 29 of the Status of Children Act 1987 ) of the Succession Act 1965 is amended by substituting the following for subsection (4): “(4) This section is without prejudice to section 60 (which section as construed in accordance with section 27(3) of the Act of 1987 relates to the property rights of adopted persons) of the Adoption Act 2010.”.
\n
Amendment of Taxes Consolidation Act 1997.
\n
174.— The Taxes Consolidation Act 1997 is amended— (a) in section 6(a), by substituting the following for subparagraph (ii): “(ii) a child who is adopted under an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or the subject of an intercountry adoption effected outside the State and recognised under that Act,”, and (b) in Schedule 13, by substituting the following for paragraph 106: “106. Údarás Uchtála na hÉireann.”.
\n
Amendment of various other statutes.
\n
175.— The following are amended by substituting “an adoption order within the meaning of section 3
\n
(1)of the Adoption Act 2010 or an intercountry adoption effected outside the State being recognised within the meaning of that Act” for “the Adoption Act 1952 (No. 25 of 1952),” or for “the Adoption Act 1952 ”, as the case may be: (a) section 13
\n
(1)of the Army Pensions Act 1959 ; (b) section 47
\n
(2)of the Civil Liability Act 1961 ; (c) section 7
\n
(1)(b) of the Courts of Justice and Court Officers (Superannuation) Act 1961 ; (d) section 11
\n
(1)of the Irish Nationality and Citizenship Act 1956 .
\n
Savers.
\n
176.— (1) An application made under the Adoption Acts to An Bord Uchtála for— (a) an adoption order, or (b) the recognition of an adoption effected outside the State, before the establishment day that was not determined before that day shall, on that day, be deemed to be an application for an adoption order, or the recognition of an intercountry adoption effected outside the State, as the case may be, under this Act and this Act shall apply to the application accordingly.
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(2)An application made under the Adoption Acts by a person or persons for an assessment of his, her or their eligibility and suitability to adopt a child before the establishment day that was not determined before that day shall, on that day, be deemed to be an application for such an assessment and the issuance of a declaration of eligibility and suitability under this Act and this Act shall apply to the application accordingly.
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(3)If An Bord Uchtála has taken steps, before the establishment day, to satisfy itself that a person or persons were eligible or suitable to adopt a child under the Adoption Acts but has not determined the eligibility or suitability of that person or those persons before that day, the person or persons concerned shall be deemed to have made an application for an assessment of his, her or their eligibility and suitability under this Act and this Act shall apply accordingly.
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(4)Anything commenced but not completed before the commencement of
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Part 13
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by a registered adoption society (within the meaning of section 3 of the Adoption Act 1952 ) under the Adoption Acts may be carried on and completed by such a body of persons under this Act if the body of persons is registered in the register of accredited bodies in respect of the activity concerned.
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(5)A summons, notice or other document issued or given under the Adoption Acts to any person by An Bord Uchtála before the establishment day shall, on or after that day, be regarded as a summons, notice or other document issued or given by the Authority to the person under the corresponding provision of this Act.
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(6)A notice or other document sent or given under the Adoption Acts by any person to An Bord Uchtála or the Health Service Executive before the establishment day shall, on or after that day, be regarded as a notice or other document sent or given to the Authority or the Health Service Executive, as the case may be, under the corresponding provision of this Act.
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SCHEDULE 1 Repeals and Revocations
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Section 7
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.
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PART 1
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Acts Repealed Number and Year
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(1)Short title
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(2)Extent of Repeal
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(3)No. 25 of 1952 Adoption Act 1952 The whole Act.
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No. 2 of 1964 Adoption Act 1964 The whole Act.
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No. 24 of 1974 Adoption Act 1974 The whole Act.
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No. 29 of 1976 Adoption Act 1976 The whole Act.
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No. 30 of 1988 Adoption Act 1988 The whole Act.
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No. 14 of 1991 Adoption Act 1991 The whole Act.
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No. 10 of 1998 Adoption Act 1998 The whole Act.
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No. 3 of 2004 Civil Registration Act 2004 Sections 31 to 35.
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PART 2
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Statutory Instruments Revoked Title Statutory Instrument Number Extent of Revocation
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(1)
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(2)
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(3)Adoption Rules 1988 S.I. No. 304 of 1988 The whole Rules.
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Adoption Rules 1990 S.I. No. 170 of 1990 The whole Rules.
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Adoption Rules 1991 S.I. No. 247 of 1991 The whole Rules.
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Adoption Regulations 1993 S.I. No. 254 of 1993 The whole Regulations.
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Adoption Rules 1996 S.I. No. 223 of 1996 The whole Rules.
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Adoption Rules 1999 S.I. No. 315 of 1999 The whole Rules.
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SCHEDULE 2
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Section 3
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(1)(definition of “Hague Convention”) and section 3
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(2).
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Text of Hague Convention Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (Concluded 29 May 1993) (Entered into force 1 May 1995) The States signatory to the present Convention, Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Recalling that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin, Recognizing that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin, Convinced of the necessity to take measures to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in children, Desiring to establish common provisions to this effect, taking into account the principles set forth in international instruments, in particular the United Nations Convention on the Rights of the Child, of 20 November 1989, and the United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (General Assembly Resolution 41/85, of 3 December 1986), Have agreed upon the following provisions—
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CHAPTER I
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Scope of the Convention
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Article 1— Objects
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The objects of the present Convention are— (a) to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law; (b) to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children; (c) to secure the recognition in Contracting States of adoptions made in accordance with the Convention.
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Article 2— Application of convention
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(1)The Convention shall apply where a child habitually resident in one Contracting State (“the State of origin”) has been, is being, or is to be moved to another Contracting State (“the receiving State”) either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.
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(2)The Convention covers only adoptions which create a permanent parent-child relationship.
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Article 3— When Convention ceases to apply
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The Convention ceases to apply if the agreements mentioned in Article 17, sub-paragraph c, have not been given before the child attains the age of eighteen years.
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CHAPTER II
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Requirements for Intercountry Adoptions
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Article 4— When adoption may take place
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An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin— (a) have established that the child is adoptable; (b) have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child’s best interests; (c) have ensured that;
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(1)the persons, institutions and authorities whose consent is necessary for adoption, have been counselled as may be necessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin,
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(2)such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing,
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(3)the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and
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(4)the consent of the mother, where required, has been given only after the birth of the child; and (a) have ensured, having regard to the age and degree of maturity of the child, that—
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(1)he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required,
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(2)consideration has been given to the child’s wishes and opinions,
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(3)the child’s consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and
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(4)such consent has not been induced by payment or compensation of any kind.
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Article 5— Further to when adoption may take place
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An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State— (a) have determined that the prospective adoptive parents are eligible and suited to adopt; (b) have ensured that the prospective adoptive parents have been counselled as may be necessary; and (c) have determined that the child is or will be authorized to enter and reside permanently in that State.
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CHAPTER III
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Central Authorities and Accredited Bodies
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Article 6— Designation and appointment of Central Authorities
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(1)A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.
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(2)Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
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Article 7— Co-operation among Central Authorities
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(1)Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.
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(2)They shall take directly all appropriate measures to— (a) provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms; (b) keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application.
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Article 8— No improper financial or other gain in adoption
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Central Authorities shall take, directly or through public authorities, all appropriate measures to prevent improper financial or other gain in connection with an adoption and to deter all practices contrary to the objects of the Convention.
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Article 9— Duty of Central Authorities to take appropriate measures
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Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to— (a) collect, preserve and exchange information about the situation of the child and the prospective adoptive parents, so far as is necessary to complete the adoption; (b) facilitate, follow and expedite proceedings with a view to obtaining the adoption; (c) promote the development of adoption counselling and post-adoption services in their States; (d) provide each other with general evaluation reports about experience with intercountry adoption; (e) reply, in so far as is permitted by the law of their State, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation.
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Article 10—Accreditation only to competent bodies
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Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.
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Article 11— Requirements for accredited bodies
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An accredited body shall— (a) pursue only non-profit objectives according to such conditions and within such limits as may be established by the competent authorities of the State of accreditation; (b) be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption; and (c) be subject to supervision by competent authorities of that State as to its composition, operation and financial situation.
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Article 12— When accredited body in one contracting state may act in another
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A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorized it to do so.
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Article 13— Communication of Central Authorities designations to Permanent Bureau of Hague Conference on Private International Law
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The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.
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CHAPTER IV
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Procedural Requirements in Intercountry Adoption
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Article 14— Application for adoption to Central Authority
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Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence.
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Article 15— Report by Central Authority of receiving State
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(1)If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care.
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(2)It shall transmit the report to the Central Authority of the State of origin.
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Article 16— Report by Central Authority of State of origin
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(1)If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall— (a) prepare a report including information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child; (b) give due consideration to the child’s upbringing and to his or her ethnic, religious and cultural background; (c) ensure that consents have been obtained in accordance with Article 4; and (d) determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.
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(2)It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.
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Article 17— When State of origin may entrust child to prospective adoptive parents
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Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if— (a) the Central Authority of that State has ensured that the prospective adoptive parents agree; (b) the Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin; (c) the Central Authorities of both States have agreed that the adoption may proceed; and (d) it has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorized to enter and reside permanently in the receiving State.
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Article 18— Central Authorities to obtain permissions for child to leave state of origin
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The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.
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Article 19— Requirements for transfer of child to receiving State
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(1)The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.
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(2)The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.
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(3)If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.
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Article 20— Central authorities to keep each other informed
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The Central Authorities shall keep each other informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required.
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Article 21— Measures by Central Authority for child protection after transfer to receiving State
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(1)Where the adoption is to take place after the transfer of the child to the receiving State and it appears to the Central Authority of that State that the continued placement of the child with the prospective adoptive parents is not in the child’s best interests, such Central Authority shall take the measures necessary to protect the child, in particular— (a) to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care; (b) in consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents; (c) as a last resort, to arrange the return of the child, if his or her interests so require.
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(2)Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken under this Article.
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Article 22— Performance of Central Authority functions by public authorities and accredited bodies
\n
(1)The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State.
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(2)Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or persons who— (a) meet the requirements of integrity, professional competence, experience and accountability of that State; and (b) are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.
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(3)A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these bodies and persons.
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(4)Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 1.
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(5)Notwithstanding any declaration made under paragraph 2, the reports provided for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1.
\n
CHAPTER V
\n
Recognition and Effects of the Adoption
\n
Article 23— Recognition of adoption certified by competent authority of State of adoption
\n
(1)An adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognized by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub-paragraph (c), were given.
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(2)Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities.
\n
Article 24— Refusal of recognition of adoption in Contracting State if against public policy
\n
The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.
\n
Article 25— Special provision for Article 39 adoptions
\n
Any Contracting State may declare to the depositary of the Convention that it will not be bound under this Convention to recognize adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.
\n
Article 26— Matters included in recognition of adoptions
\n
(1)The recognition of an adoption includes recognition of (a) the legal parent-child relationship between the child and his or her adoptive parents; (b) parental responsibility of the adoptive parents for the child; (c) the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.
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(2)In the case of an adoption having the effect of terminating a pre-existing legal parent-child relationship, the child shall enjoy in the receiving State, and in any other Contracting State where the adoption is recognized, rights equivalent to those resulting from adoptions having this effect in each such State.
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(3)The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption.