This law, the Adoption Act 2010, sets out the legal framework for adoptions, both within the country and internationally, and establishes the Adoption Authority to oversee these processes.
fice
the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts
the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses
the Oireachtas) Iris Oifigiúil /
ficial Gazette Revised Acts (LRC) Classified List
Legislation (LRC) Translations (acts.ie) Translations (Houses
the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
2010 ADOPTION ACT 2010 ARRANGEMENT
SECTIONS PART 1 Preliminary and General Matters Section
Hague Convention 9. Hague Convention to have force
law.
Children for Adoption
adoption. 15. Care
child pending placement. 16. Right
father who wishes to be consulted.
child.
proceedings for adoption order or for recognition
intercountry adoption effected outside State.
adoption order. Chapter 2 Consents to Adoption Orders
consent. 29. Enquiries on behalf
Authority.
child to prospective adopters and authorise dispensing with consent to adoption.
intercountry adoption effected outside State. 34. Persons suitable for adoption order or recognition
intercountry adoption effected outside State. Chapter 4 Adoption Committees 35. Applicants defined. 36. Adoption committees
Health Service Executive. Chapter 5 Application by Prospective Adopters for Declaration
Eligibility and Suitability 37. Application to Health Service Executive for Authority to issue declaration
eligibility and suitability. 38. Discontinuance by applicants
proceedings for issuance
declaration
eligibility and suitability. 39. Recommendation
adoption committee regarding issuance
declaration
eligibility and suitability. Chapter 6 Authority’s Power to Issue Declarations
Eligibility and Suitability to Prospective Adopters 40. Authority may issue declaration
eligibility and suitability. 41. Expiration
declaration
eligibility and suitability. 42. Proof
declaration
eligibility and suitability. PART 5 Adoption Proceedings Before the Authority 43. Hearing
applications.
documents.
children in certain cases. PART 7 Adoption Orders in Exceptional Cases and Role
High Court
Adoption orders and
State Recognition
Intercountry Adoptions 57. Recognition and effects
intercountry adoption effected outside State.
birth parents.
child.
Authority as Central Authority.
certain adoptions effected in contracting states and recognised in State. 70. Transfer
child from State for purpose
adoption in receiving state.
Authority as Central Authority under bilateral agreement.
certain adoptions effected under bilateral agreement in another state and recognised in the State. 80. Transfer
child from State for purpose
adoption in receiving state. Chapter 3 Arrangement in Exceptional Case with a Non-Contracting State
child’s entry. PART 10 Adopted Children Register and Register
Intercountry Adoptions Chapter 1 Adopted Children Register
connections between Adopted Children Register and register
births. 87. Certified copy
entry in Adopted Children Register as evidence
facts stated. 88. Privacy
adoption records. 89. Abridged certificate
entry in Adopted Children Register. Chapter 2 Register
Intercountry Adoptions 90. Register
intercountry adoptions. 91. Certified copy
entry in register
intercountry adoptions as evidence
facts stated. Chapter 3 Directions
High Court in Relation to Register
Intercountry Adoptions 92. Directions
High Court in relation to entries in register
intercountry adoptions. PART 11 Proof and Registration
Intercountry Adoptions effected outside the State 93. Proof
intercountry adoptions effected outside State. PART 12 Adoption Authority Chapter 1 Authority Established 94. Establishment
Adoption Authority. 95. Seal
Authority. 96. Functions
Authority.
Authority. 99. Membership
either House
Oireachtas, European Parliament or local authority. 100. Meetings
Authority. 101. Committees
Authority. 102. Remuneration and expenses
members
Authority and committees. Chapter 2 Chief Executive
ficer 103. Chief executive
ficer. 104. Functions
chief executive
ficer. 105. Accountability
chief executive
ficer to Public Accounts Committee. 106. Accountability
chief executive
ficer to other Oireachtas Committees. Chapter 3 Accountability, Plans, Reports and Funding 107. Directions to Authority. 108. Corporate plan
Authority.
business plan. 111. Code
governance. 112. Accounts
Authority. Chapter 4 Standards, Codes
Conduct, Disqualification, etc. 113. Standards
integrity. 114. Codes
conduct. 115. Availability
codes
conduct.
confidential information. 120. Disqualification resulting from membership
either House
the Oireachtas, European Parliament or local authority. 121. Secondment
employees resulting from membership
either House
Oireachtas, European Parliament or local authority. Chapter 5 Employees
Authority, etc. 122. Employees
Authority.
Accredited Bodies Chapter 1 Arrangements for Adoption 125. Restrictions on making arrangements for adoption. Chapter 2 Register
Accredited Bodies 126. Register
accredited bodies. 127. Registration
accredited bodies. 128. Renewal
registration. 129. Cancellation
registration for failure to apply for renewal. 130. Cancellation
registration for other reasons. 131. Amendment
registration. 132. Duty to notify
registration decisions. 133. Accredited bodies to furnish information to Authority and permit inspection
their records. 134. Notices in Iris Oifigiúil
registration and cancellation. Chapter 3 Appeals Respecting Registration
Accredited Bodies 135. Appeals from decisions relating to registration. PART 14 Dissolution
An Bord Uchtála 136. Dissolution
An Bord Uchtála. 137. Transfer
persons to be employees
Authority. 138. Transfer
property and liabilities to Authority. 139. Preservation
contracts, etc., and adaptation
references. 140. Records
An Bord Uchtála.
fences Chapter 1 Contraventions and Non-Compliance Other than as Provided in Other Parts
fences and Penalties 147.
fences.
fences. PART 16 Regulations
intercountry adoptions.
child from State for adoption in receiving state. 155. Laying
regulations before Houses
Oireachtas. PART 17 Consequential Amendments to Other Acts
Adoptive Leave Act
Child Care Act
Civil Registration Act
section 99
Defence Act
section 46
Freedom
Information Act
section 2
Guardianship
Infants Act
Married Women’s Status Act
section 20
Ministerial and Parliamentary
fices Act
paragraph 1
First Schedule to
ficial Languages Act
section 6A
Oireachtas (Allowances to Members) Act 1938. 167. Amendment
First Schedule to Ombudsman Act 1980. 168. Amendment
Schedule 1 to Ombudsman for Children Act 2002. 169. Amendment
section 2
Parental Leave Act
section 6
Prosecution
fences Act
Social Welfare Consolidation Act 2005. 172. Amendment
Status
Children Act
section 4A
Succession Act
Taxes Consolidation Act
various other statutes. 176. Savers. SCHEDULE 1 Repeals and Revocations PART 1 Acts Repealed PART 2 Statutory Instruments Revoked SCHEDULE 2 Text
Hague Convention Convention on Protection
Children and Co-Operation in Respect
Intercountry Adoption SCHEDULE 3 Particulars
Adoptions to be entered in adopted children register SCHEDULE 4 Amendment
Second Schedule to Civil Registration Act 2004 Acts Referred to Adoption Act 1952 1952, No. 25 Adoption Act 1964 1964, No. 2 Adoption Act 1974 1974, No. 24 Adoption Act 1976 1976, No. 29 Adoption Act 1988 1988, No. 30 Adoption Act 1991 1991, No. 14 Adoption Act 1998 1998, No. 10 Adoption Acts 1952 and 1964 Adoption Acts 1952 to 1976 Adoption Acts 1952 to 1998 Adoptive Leave Act 1995 1995, No. 2 Adoptive Leave Acts 1995 and 2005 Army Pensions Act 1959 1959, No. 15 Carer’s Leave Act 2001 2001, No. 19 Child Care Act 1991 1991, No. 17 Children Act 1997 1997, No. 40 Civil Liability Act 1961 1961, No. 41 Civil Registration Act 2004 2004, No. 3 Companies Act 1990 1990, No. 33 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Courts
Justice and Court
ficers (Superannuation) Act 1961 1961, No. 16 Defence Act 1954 1954, No. 18 Ethics in Public
fice Act 1995 1995, No. 22 European Parliament Elections Act 1997 1997, No. 2 Freedom
Information Act 1997 1997, No. 13 Freedom
Information (Amendment) Act 2003 2003, No. 9 Guardianship
Infants Act 1964 1964, No. 7 Health (Miscellaneous Provisions) Act 2007 2007, No. 42 Irish Nationality and Citizenship Act 1956 1956, No. 26 Judicial Separation and Family Law Reform Act 1989 1989, No. 6 Legitimacy Act 1931 1931, No. 13 Local Government Act 2001 2001, No. 37 Married Women’s Status Act 1957 1957, No. 5 Maternity Protection Acts 1994 and 2004 Medical Practitioners Act 2007 2007, No. 25 Minimum Notice and Terms
Employment Acts 1973 to 2005 Ministerial and Parliamentary
fices Act 1938 1938, No. 38 Ministerial, Parliamentary and Judicial
fices and Oireachtas Members (Miscellaneous Provisions) Act 2001 2001, No. 33
ficial Languages Act 2003 2003, No. 32 Oireachtas (Allowances to Members) Act 1938 1938, No. 34 Oireachtas (Allowances to Members) (Amendment) Act 1968 1968, No. 8 Ombudsman Act 1980 1980, No. 26 Ombudsman for Children Act 2002 2002, No. 22 Organisation
Working Time Act 1997 1997, No. 20 Parental Leave Act 1998 1998, No. 30 Parental Leave Acts 1998 and 2006 Petty Sessions (Ireland) Act 1851 14 & 15 Vic. c.93 Prosecution
fences Act 1974 1974, No. 22 Protection
Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection
Employees (Part-Time Work) Act 2001 2001, No. 45 Public Service Management (Recruitment and Appointments) Act 2004 2004, No. 33 Redundancy Payments Acts 1967 to 2007 Safety, Health and Welfare at Work Act 2005 2005, No. 10 Social Welfare Consolidation Act 2005 2005, No. 26 Standards in Public
fice Act 2001 2001, No. 31 Status
Children Act 1987 1987, No. 26 Succession Act 1965 1965, No. 27 Taxes Consolidation Act 1997 1997, No. 39 Terms
Employment (Information) Acts 1994 and 2001 Unfair Dismissals Acts 1977 to 2007 Number 21
2010 ADOPTION ACT 2010 AN ACT TO PROVIDE FOR THE DISSOLUTION
AN BORD UCHTÁLA AND THE ESTABLISHMENT
A BODY TO BE KNOWN AS ÚDARÁS UCHTÁLA NA hÉIREANN AND IN THE ENGLISH LANGUAGE AS THE ADOPTION AUTHORITY
IRELAND; TO PROVIDE FOR MATTERS RELATING TO THE ADOPTION
CHILDREN; TO GIVE THE FORCE
LAW TO THE CONVENTION ON THE PROTECTION
CHILDREN AND CO-OPERATION IN RESPECT
INTERCOUNTRY ADOPTION SIGNED AT THE HAGUE ON 29 MAY 1993; TO PROVIDE FOR THE MAKING AND RECOGNITION
INTERCOUNTRY ADOPTIONS IN ACCORDANCE WITH BILATERAL AGREEMENTS AND WITH OTHER ARRANGEMENTS; TO PROVIDE FOR THE RECOGNITION
CERTAIN ADOPTIONS EFFECTED OUTSIDE THE STATE; TO REPEAL THE ADOPTION ACTS 1952 TO 1998; TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND TO PROVIDE FOR RELATED MATTERS. [14th July, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Matters Short title. 1.— This Act may be cited as the Adoption Act 2010. Commencement. 2.—
the repeal
the Acts specified in Part 1
Schedule 1 and the revocation
the statutory instruments specified in Part 2
that Schedule effected by section 7 , appoint different days for the repeal
different Acts or different provisions
them and the revocation
different statutory instruments or different provisions
them. Interpretation. 3.—
persons whose name is entered in the register
accredited bodies; “Adopted Children Register” means the Adopted Children Register maintained by an tArd-Chláraitheoir under section 22
the Adoption Act 1952 and continued in being by section 84 ; “Adoption Acts” means the Adoption Acts 1952 to 1998; “ adoption committee ” means a committee established by the Health Service Executive under section 36 ; “adoption order” means an order for the adoption
a child made— (
the Hague Convention and a reference to a subdivision
a numbered Article shall be read accordingly; “assessment
eligibility and suitability”, in relation to a person, means an assessment
whether or not the person— (a) comes within the classes
persons in whose favour an adoption order may by virtue
section 33 be made, and (b) is under section 34 a suitable person to have parental rights and duties in relation to a child; “the Authority” means the body established by section 94 ; “bilateral agreement” means any agreement between the Government and a non-contracting state concerning intercountry adoptions which agreement, by virtue
section 73 , has the force
law; “bilateral agreement adoption” means an adoption— (
the state
the adoption as having been so effected; “Central Authority” means— (a) in relation to a Convention adoption, the body designated as the Central Authority by a contracting state, under Article 6 (which relates to the designation and appointment
Central Authorities) to perform the functions conferred under the Hague Convention on such authorities, (
ficer” means the person appointed to be the chief executive
ficer
the Authority under section 103 ; “child” means any person who is under the age
18 years; “contracting state” means a state, other than any state to whose accession to the Hague Convention the State has raised an objection pursuant to Article 44 (which relates to accession to the Hague Convention), in respect
which the Hague Convention has entered into force in accordance with Article 46 and shall be read so that this Act shall have effect in relation to— (
(which relates to recognition
adoptions certified by the competent authority
the state
adoption) has been provided; “ declaration
eligibility and suitability ” means a declaration issued by the Authority under section 40 ; “domestic adoption” means the adoption
a child who was habitually resident in the State before his or her adoption by a person or persons habitually resident in the State; “establishment day” means the establishment day appointed under section 6 ; “financial year”, in relation to the Authority, means a period
12 months ending on 31 December in any year and, in the case
the first financial year
the Authority, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls; “guardian”, in relation to a child, means a person who— (a) is a guardian
the child pursuant to the Guardianship
Infants Act 1964 , or (b) is appointed to be a guardian
the child by— (
a court in the State, and has not been removed from
fice; “Hague Convention” means the Convention on Protection
Children and Co-operation in respect
Intercountry Adoption, 1993, the text
which, subject to subsection
reference in Schedule 2 ; “interim order” means an order under section 44 ; “intercountry adoption” means the adoption
a child habitually resident in a state (the “state
origin”), whether a contracting state or non-contracting state, who has been, is being or is to be transferred into another state (the “receiving state”)— (a) after the child’s adoption in the state
origin by a person or persons habitually resident in the receiving state, or (b) for the purposes
an adoption, in either the receiving state or the state
origin, by a person or persons habitually resident in the receiving state; “intercountry adoption effected outside the State” means— (a) an adoption
a child effected outside the State at any time before the establishment day that, at that time, conformed to the definition
“foreign adoption” in section 1
the Adoption Act 1991 , (b) an adoption, other than an intercountry adoption,
a child effected outside the State at any time on or after the establishment day that conforms to the definition
“foreign adoption” in section 1
the Adoption Act 1991 as it read on 30 May 1991, or (c) an intercountry adoption
a child effected outside the State at any time on or after the establishment day that, at that time, is in compliance with the applicable provisions
this Act and the Hague Convention; “local authority” has the same meaning as it has in the Local Government Act 2001 ; “Minister” means the Minister for Health and Children; “non-contracting state” means a state other than a contracting state; “orphan” means a child whose parents are dead; “parent”, in relation to a child, means the mother or father or both
the child, whether or not they are married to each other; “personal public service number” has the meaning assigned to it by section 262
the Social Welfare (Consolidation) Act 2005; “prescribed” means prescribed by the Minister by regulations under this Act; “receiving state”, in relation to an intercountry adoption, means the state in which the prospective adopters
a child are habitually resident; “register
accredited bodies” means the register kept under section 35
the Adoption Act 1952 as the Adoption Societies Register and continued in being under section 126 as the register
accredited bodies; “register
intercountry adoptions” means the register established under section 6
the Adoption Act 1991 as the Register
Foreign Adoptions and continued in being under section 90 as the register
intercountry adoptions; “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt
the child, whether
the whole blood,
the half-blood or by affinity and includes the spouse
any such person, relationship to the child being traced through the mother or the father; “state
origin”, in relation to a child, means the state in which the child is habitually resident before— (
the Hague Convention, and (b) shall be considered to have been added editorially for convenience
reference only. References to making arrangements for adoption. 4.— In this Act, references to the making
arrangements for the adoption
a child (whether a domestic adoption or an intercountry adoption) shall be read as including references to the following activities: (a) making any agreement or arrangement for, or facilitating, the adoption or maintenance
the child by any person; (b) initiating or taking part in any negotiations the purpose or effect
which is the making
any such agreement or arrangement; (c) causing another person to initiate or take part in any such negotiations; (d)
fering to enter into negotiations on behalf
the child’s parents or prospective adopters for the purpose
arranging an adoption; (e) carrying out or making any arrangement for the carrying out
an assessment
eligibility and suitability; (f) preparing reports on assessments
eligibility and suitability; (
the following: (i) assisting— (I) adopted persons (18 years
age or over) in tracing their birth parents or other relatives, and (II) birth parents or other relatives (18 years
age or over)
adopted persons in tracing the adopted persons; (
a child shall be read in relation to an intercountry adoption as including references to the following activities: (a) contacting, directly or indirectly in connection with an intercountry adoption, any person, institution or authority in the child’s state
origin that is authorised by that state to make arrangements for adoption; (b) preparing pre-adoption reports for the purpose
(which relates to Central Authorities keeping each other informed) or
any provision
a bilateral agreement; (c) transmitting to the Central Authority in the child’s state
origin the declaration
eligibility and suitability together with the assessment report prepared under section 37 and the recommendation made under section 39 . Establishment day. 6.— The Minister by order shall appoint a day as the establishment day for the purposes
this Act. Repeals and revocations. 7.—
Schedule 1 are repealed to the extent specified in column
that Part
that Schedule.
Schedule 1 are revoked to the extent specified in column
that Part
that Schedule. Expenses. 8.— The expenses incurred by the Minister in the administration
this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out
moneys provided by the Oireachtas. PART 2 Legal Effect
Hague Convention Hague Convention to have force
law. 9.— The Hague Convention has the force
law in the State. Explanatory report. 10.—
the explanatory report prepared by G. Parra-Aranguren in relation to the Hague Convention, a copy
which has been placed in the Oireachtas Library.
the Hague Convention, a court or the Authority, as the case may be, shall pay due regard to that explanatory report. PART 3 Placement for Adoption Chapter 1 Interpretation Interpretation (Part 3). 11.— In this Part— “accredited body” includes the Health Service Executive; “father”, in relation to a child, includes a person who believes himself to be the father
the child. Chapter 2 Placement
Children for Adoption Visits and enquiries pertaining to adoptions. 12.—
the Authority or
the Health Service Executive to— (a) visit the homes
the child, the guardian
the child, the applicants for an adoption order or the recognition
an intercountry adoption effected outside the State and the person having custody
the child for the purposes
an adoption, and (b) to make enquiries on behalf
the Authority.
this section, “guardian” does not include the mother or father
the child. Restriction on placing child for adoption. 13.— An accredited body shall not place a child for adoption unless— (a) the child has attained the age
6 weeks, (
origin may entrust a child to prospective adopters). Explanation to mother or guardian as to effect
adoption. 14.— Where the mother or guardian
a child proposes to place the child with an accredited body for adoption, the accredited body, before accepting the child, shall— (
the adoption process, (ii) the effect
a placement for adoption upon the rights
a mother or guardian, (iii) the effect
an adoption order upon the rights
a mother or guardian, and (iv) the requirements specified in sections 26 to 28 in respect
the consents necessary under this Act in relation to an adoption order, (
child pending placement. 15.—
children, and (b) for securing generally their welfare, may arrange for appropriate care for the child, subject to the accredited body’s control and supervision, pending the placement
the child for adoption.
the Child Care Act 1991 does not apply to— (a) the making
an arrangement by an accredited body under subsection
a child under the arrangement. Right
father who wishes to be consulted. 16.—
a child, by notice to the Authority, may advise the Authority
his wish to be consulted in relation to— (
the child for an adoption order in respect
the child.
the child concerned. Pre-placement consultation procedure. 17.—
any notice received by the Authority from the father
the child under section 16
the request the Authority has not received the notice, so inform the accredited body and afterwards, if the Authority receives the notice, forthwith provide it to the accredited body.
— (a) informing him
the proposed placement, (b) explaining to him the legal implications
, and the procedures related to, adoption, and (c) ascertaining whether or not he objects to the proposed placement.
the child for adoption, the accredited body shall— (i) notify the father and the mother in writing in the prescribed manner that the accredited body is deferring the placement for a period specified in the notice, not being less than 21 days, commencing on the date
the notice, for the purpose
affording the father an opportunity to make an application to court under section 6A or 11
the Guardianship
Infants Act 1964 , and (ii) defer the placement in accordance with the notification.
subsection
informing the father under subsection
the proposed placement
the child, the accredited body, at any time thereafter, unless it receives a notice referred to in subsection
the child, including but not limited to an order— (
court for taking any step or doing any act in the proceedings. Where father not consulted. 18.—
a child for the purposes
section 17
the relationship between the father and mother, or (b) the circumstances
the conception
the child, it is inappropriate for the accredited body to contact the father in respect
the placement
the child— (i) the Authority, after first obtaining the approval
the High Court, may authorise the accredited body to place the child for adoption, and (ii) at any time after being so authorised, the accredited body may place the child for adoption.
the father
a child is unknown to an accredited body and the mother refuses to reveal the father’s identity, the accredited body— (
the father contesting the adoption at a later date, (iii) that the absence
information about the medical, genetic and social background
the father may be detrimental to the health, development or welfare
the child, and (
the father, shall furnish the Authority with a written report
the counselling that the accredited body has provided.
the mother, and (b) has no other practical way
ascertaining the father’s identity, then— (i) the Authority, after first obtaining the approval
the High Court, may authorise the accredited body to place the child for adoption, and (ii) at any time after being so authorised, if the accredited body has not ascertained the father’s identity, the accredited body may place the child for adoption.
a child provides an accredited body with a statutory declaration stating that she is unable to identify the father, then— (a) the Authority, after first obtaining the approval
the High Court, may authorise the accredited body to place the child for adoption, and (b) the accredited body, at any time thereafter, may place the child for adoption if the accredited body has no other practical way
ascertaining the father’s identity. PART 4 Domestic Adoptions and Intercountry Adoptions Chapter 1 Adoption Orders and Consents to Adoption Orders Welfare
child. 19.— In any matter, application or proceedings before— (
the arrangements for the adoption
a child, for the making
an adoption order or for the recognition
an intercountry adoption outside the State, the Authority or the court, in deciding that question, shall regard the welfare
the child as the first and paramount consideration. Authority’s power to make adoption order or recognise intercountry adoption effected outside State. 20.—
a person, or persons if they are a married couple, desiring to adopt a child, the Authority may make an adoption order for the adoption
the child by the applicant or applicants, as the case may be.
the adopters
a child adopted in an intercountry adoption effected outside the State, the Authority may recognise the intercountry adoption effected outside the State.
the child by them jointly, or (b) the recognition referred to in subsection
the intercountry adoption effected outside the State
the child by them jointly.
eligibility and suitability if one has been issued under section 40 .
the Central Authority
that other state that is the equivalent
the assessment report referred to in subsection
the Central Authority
that other state that is the equivalent
a declaration
eligibility and suitability.
its own motion or on the application
an interested person, may adjourn from time to time the making
a decision whether to make or refuse to make the adoption order or to recognise the intercountry adoption effected outside the State, as the case may be. Discontinuance
proceedings for adoption order or for recognition
intercountry adoption effected outside State. 21.—
that application, without liability for any costs
the proceedings.
notice under subsection
the discontinuance to the Authority, any adoption committee concerned and the birth parents
the child who was proposed to be adopted. Contribution by Health Service Executive towards adoption expenses. 22.— The Health Service Executive, at its discretion, may contribute towards the expenses incurred by any person in connection with an application under section 20 in relation to a child towards whose support that body is entitled to contribute. Children who may be adopted. 23.—
the application, is not more than 7 years
age, (c) is an orphan or is born
parents not married to each other, and (d) has been in the care
the applicants for the prescribed period (if any).
the case, may make an adoption order notwithstanding that the child has not been in the care
the applicants for the prescribed period under subsection
the case it is desirable to do so, the Authority may make an adoption order in relation to a child who was more than 7 years
age at the date
the application for the order.
the child, having regard to his or her age and understanding. Correction
adoption order. 25.— The Authority,
its own motion or on the application
an interested person, may amend an adoption order by correcting any error in the particulars contained in it. Chapter 2 Consents to Adoption Orders Consents to adoption orders. 26.—
every person, being the child’s mother or guardian or other person having charge
or control over the child, unless the Authority dispenses with the consent— (a) with the sanction
the High Court if the person whose consent is necessary is a ward
court, (b) in accordance with an authorisation
the High Court by order under this section, if— (i) the person whose consent is necessary is not a ward
court, and (ii) the High Court is satisfied that the person is incapable by reason
mental infirmity
giving consent or cannot be found, (c) in accordance with an authorisation
the High Court by order under section 31 in a case to which that section applies, or (d) in accordance with an authorisation
the High Court by order under section 54 in a case to which that section applies.
an adoption order without knowing the identity
the applicant for the order.
an adoption order. Information for persons about consenting to adoption orders. 27.—
an adoption order is necessary— (
the order, (ii) that he or she is entitled to be heard on the application for the order, and (iii)
the discretion
the High Court under subsection
section 31 , despite a subsequent withdrawal
the consent, to authorise the Authority to dispense with the consent in accordance with that section, and (
the date on which the Authority, if the person wishes to be heard, will hear the person or his or her counsel or solicitor on the application for the order, or (ii) otherwise to be consulted again in relation to the application for the order.
an adoption order is necessary states that he or she does not wish to be— (a) informed as set out in subsection
subsection
consent. 28.—
an adoption order is not valid unless given— (a) after the child concerned has attained the age
6 weeks, and (b) not earlier than 3 months before the application for adoption.
an adoption order is necessary and has not been dispensed with— (
the consent and
the adoption order. Enquiries on behalf
Authority. 29.—
sections 27 and 28 , the Authority may request and authorise any person either in or outside the State whom the Authority considers suitable for the purpose to— (a) make enquiries on its behalf, and (b) report to it the results
the enquiries.
the enquiries, and (b) as compliance by the Authority with section 28
the child.
the adoption
a child by a person who is not the father
the child.
an application for an adoption order, the Authority shall take such steps as are reasonably practicable to ensure that the father
the child is consulted in relation to the adoption.
the relationship between the father and mother, or (b) the circumstances
the conception
the child, it would be inappropriate for the Authority to consult the father in respect
the adoption
the child, the Authority, after first obtaining the approval
the High Court, may make the adoption order without consulting the father.
the father
a child is unknown to the Authority and the mother refuses or is unable to reveal the father’s identity, the Authority shall counsel the mother, indicating to her— (a) that the adoption may be delayed, (b) the possibility
the father contesting the adoption at some later date, (c) that the absence
information about the medical, genetic and social background
the father may be detrimental to the health, development or welfare
the child, and (d) such other matters as the Authority considers appropriate in the circumstances.
the High Court, may make the adoption order without consulting the father if— (
ascertaining the father’s identity.
child to prospective adopters and authorise dispensing with consent to adoption. 31.—
the adoption order is necessary under section 26 , and who has agreed to the placing
the child concerned for adoption either— (
the child to do so, the High Court may make an order— (a) giving custody
the child to the applicants for a specified period, and (b) authorising the Authority to dispense with the other person’s consent to the adoption
the child by the applicants, with the adoption to be effected by an adoption order made during that specified period
custody.
court, his or her consent shall not be dispensed with, pursuant to an order under this section, except with the sanction
the court which granted the order for wardship. Religion. 32.— Notwithstanding section 20 , the Authority shall not make an adoption order in any case in which the applicant or applicants, as the case may be, the child and— (a) the child’s parents, or (b) the child’s mother, if the child is born
parents not married to each other, are not all
the same religion (if
any religion), unless every person whose consent to the making
the adoption order is necessary under section 26 knows, when consenting, the religion (if any)
the applicant or each
the applicants, if they are a married couple. Chapter 3 Eligibility and Suitability to Adopt Persons eligible for adoption order or recognition
intercountry adoption effected outside State. 33.—
the child, or (iii) the applicant, notwithstanding that he or she does not fall within subparagraph (ii), satisfies the Authority that, in the particular circumstances, the adoption is desirable and in the best interests
the child. (b) Notwithstanding paragraph (a), the Authority may recognise an intercountry adoption effected outside the State on the application
a person referred to in paragraph (a) or (c)
section 90
a child by more than one person.
section 90
an intercountry adoption effected outside the State is married, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent
the applicant’s spouse, given in the manner determined by the Authority, unless— (a) the couple are living apart under— (i) a decree
judicial separation under section 3
the Judicial Separation and Family Law Reform Act 1989 , (ii) a decree or order to like effect that was granted under the law
another jurisdiction and that is recognised in the State, or (iii) a deed
separation, (
the spouse results in the applicant, with just cause, separating from the spouse and living apart from him or her.
section 90
them has attained the age
21 years, or (b) the applicants are a married couple and one
them is the mother or father or a relative
the child and either
them has attained the age
21 years.
them, is habitually resident in the State.
an intercountry adoption effected in the State, from making an adoption order in favour
an applicant who, or, if the applicants are a married couple living together, each
whom, is habitually resident in— (
an applicant referred to in subsection
intercountry adoption effected outside State. 34.— The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c)
section 90
them— (a) is a suitable person to have parental rights and duties in respect
the child, and (b) without prejudice to the generality
paragraph (a), is
good moral character, in good health and
an age so that he or she has a reasonable expectation
being capable throughout the child’s childhood
— (i) fulfilling his or her parental duties in respect
the child, (
Health Service Executive. 36.—
an adoption committee are— (a) to advise and assist the Authority in the performance
its functions under this Act and section 6
the Child Care Act 1991 , and (b) to make recommendations to the Authority under section 39 concerning the issuance to applicants
declarations
eligibility and suitability.
an adoption committee may include persons who are not employees
the Health Service Executive but have special knowledge and experience related to the purposes
the committee.
an adoption committee in respect
travelling and subsistence expenses incurred by the member in relation to the business
the committee.
the Minister for Finance. Chapter 5 Application by Prospective Adopters for Declaration
Eligibility and Suitability Application to Health Service Executive for Authority to issue declaration
eligibility and suitability. 37.—
whom is habitually resident in the State, may apply to the Health Service Executive for— (a) an assessment
eligibility and suitability in relation to himself, herself or themselves, and (b) the issuance by the Authority
a declaration
eligibility and suitability in accordance with that assessment.
fice
the Health Service Executive, (b) be made in conjunction with a separate application under this Act by the applicants for an adoption order or the recognition
an intercountry adoption including in the circumstances discussed in section 81 , and (c) specify which state is the habitual residence
the child the applicants propose to adopt under their separate application referred to in paragraph (b).
eligibility and suitability in relation to the applicants; (c) preparing an assessment report that conforms to paragraph
(which relates to reports by Central Authorities
receiving states) and that includes— (
the applicants.
proceedings for issuance
declaration
eligibility and suitability. 38.—
that application, without liability for any costs
the proceedings.
notice under subsection
the discontinuance to the Authority, the adoption committee concerned and the birth parents
the child who was proposed to be adopted. Recommendation
adoption committee regarding issuance
declaration
eligibility and suitability. 39.—
the assessment report referred to it under section 37
eligibility and suitability in favour
the applicants.
the recommendation and
the assessment report to the Authority, the Health Service Executive and the applicants. Chapter 6 Authority’s Power to Issue Declarations
Eligibility and Suitability to Prospective Adopters Authority may issue declaration
eligibility and suitability. 40.—
eligibility and suitability in favour
a person or a married couple married to each other who have applied under this Act to the Authority for, as may be appropriate, an adoption order, or the recognition
an intercountry adoption, in relation to a child habitually resident— (
eligibility and suitability may be issued only if, having considered both the assessment report prepared under section 37 and the adoption committee’s recommendation under section 39 , the Authority is satisfied— (a) that the applicant or, in the case
applicants who are a married couple living together, each
them comes within the classes
persons in whose favour an adoption order may, by virtue
section 33 , be made or an intercountry adoption may, by virtue
that section, be recognised, and (b) as to the matters specified in section 34 in relation to the applicant or, in the case
applicants who are a married couple living together, each
them.
eligibility and suitability, the Authority may include in it a statement relating to the age or state
health
a child whom the Authority considers that the applicant or applicants are suited to parent.
eligibility and suitability in favour
the person or married couple referred to in subsection
eligibility and suitability is not to be issued or refused if the Authority has received an applicable notice
discontinuance under section 21 or 38 . Expiration
declaration
eligibility and suitability. 41.—
eligibility and suitability expires after— (a) 24 months from the date
issuance
the declaration, or (b) a further period
not more than 12 months that the Authority may specify on application made to the Authority by the person or married couple concerned within those 24 months.
an adoption order, or the recognition
an intercountry adoption, for which the declaration referred to in that subsection was issued, new information about the applicant’s or applicants’ eligibility and suitability to adopt has become available or there has been a change in the relevant circumstances, the Authority, after— (i) reconsidering the declaration
eligibility and suitability, and (ii) giving the person or married couple concerned, an opportunity to be heard, may either— (I) amend the declaration
eligibility and suitability by attaching specified conditions to it, including but not limited to a condition that the eligibility and suitability
the person or married couple be reconsidered at a hearing before the Authority, or (II) withdraw the declaration if the Authority considers that it would not be proper, having regard to this Act, to make the adoption order or recognise the intercountry adoption. Proof
declaration
eligibility and suitability. 42.— A document purporting to be— (a) a copy
or extract from a declaration
eligibility and suitability, and (b) certified by an
ficer
the Authority to be a true copy
or extract from the declaration, shall— (
or extract from the declaration and to be evidence
such declaration, without proof
the signature
the
ficer
the Authority. PART 5 Adoption Proceedings Before the Authority Hearing
applications. 43.—
the child; (d) the father
the child or the person who believes himself to be the father; (e) the guardian
the child; (f) the person who immediately before the placing
the child for adoption had charge
or control over the child; (g) a relative
the child; (h) a representative
— (
the Authority; (j) another person whom the Authority, in its discretion, decides to hear.
its own initiative or on the application
an interested person, may hear the application wholly or partly in private.
proceedings pending in any court in regard to the custody
a child in respect
whom an application is before the Authority, the Authority shall make no order in the matter until the proceedings have been disposed
section 53 , a reference to a person in paragraph (c) or (d)
subsection
this section shall be read in so far as it applies to a child in respect
whom an adoption order is in force or who is the subject
an intercountry adoption effected outside the State that has been recognised under this Act, as a reference to the adopters or the surviving adopter under the order or intercountry adoption effected outside the State. Interim orders as to custody in adoption proceedings. 44.—
the child to the applicant for a probationary period not exceeding 2 years.
the welfare
the child.
the child under the interim order, the Authority may revoke the interim order.
— (a) the person to whom custody
the child has been given, or (b) the mother or guardian
the child.
an interim order made under subsection
the child, and (b) for the purposes
the order, the child shall be taken to be the lawful child
the deceased adopters. Power to summon witnesses, etc. 46.—
any proceedings before it under this Act, the Authority may— (
the witness.
an intercountry adoption effected outside the State) attends before the Authority in pursuance
a summons issued on the initiative
the Authority, the Authority, if it thinks fit, may pay to the witness a sum— (
the Minister for Finance. Service
documents. 47.— A summons, notice or other document required or authorised by or under this Act to be issued by the Authority to any person may be served by registered post. Evidence. 48.— The Authority may take evidence orally or on affidavit. Case stated for High Court. 49.—
law arising on an application for an adoption order or the recognition
an intercountry adoption effected outside the State to the High Court for determination.
law arising on an application for an adoption order or the recognition
an intercountry adoption effected outside the State to be frivolous, shall refer the question
law to the High Court for determination if requested to do so by— (a) an applicant for the order or the recognition
the intercountry adoption effected outside the State, (b) the mother or guardian
the child, or (c) any person having charge
or control over the child.
intercountry adoptions to the High Court for determination.
court, a question referred under this section to the High Court may be heard in private. PART 6 Related Court Proceedings Relevant adoption not to be declared invalid if declaration not in child’s best interests. 50.—
the child concerned, and (b) it would be proper not to make the declaration, having regard to those interests and to the rights under the Constitution
all persons concerned.
this section, “relevant adoption” means an adoption order, an intercountry adoption effected outside the State or an entry in the register
intercountry adoptions that relates to an intercountry adoption. Orders by court as to custody
children in certain cases. 51.—
— (
invalidity, the court shall not make an order in those proceedings as to the custody
the child except in accordance with subsection
the child, if— (a) the order is sought in the proceedings referred to in subsection
— (i) the fact that any person having custody
the child has been joined in the proceedings, and (ii) the other circumstances
the case, it is in the interests
justice that the question
the custody
the child should be determined in those proceedings rather than in separate proceedings.
the custody
the child, the court shall do so subject to section 3
the Guardianship
Infants Act 1964 .
the adopted child, shall not, without the consent
the court, be joined or otherwise heard in any proceedings in a court in which the validity
the order is an issue.
the submissions,
the person or persons concerned, or (b) any other relevant matter. PART 7 Adoption Orders in Exceptional Cases and Role
High Court Interpretation (Part ). 52.—
whom an adoption order is in force or who is the subject
an intercountry adoption effected outside the State that has been recognised, means— (
— (i) a declaration in favour
one person, or (ii) an application by one person, are references to that person. Adoption orders in relation to children where High Court order under section 54 applies. 53.—
section 43
the High Court under section 54
the applicants in respect
the child concerned, it would be proper to make the adoption order.
the person or persons in whose favour the High Court order was made, the Authority, notwithstanding section 23 , shall make an adoption order in relation to the child to whom the High Court order applies, in favour
that person or those persons.
the declaration under subsection
the first-mentioned order, to be the lawful child
the adopters under the previous order. Orders by High Court authorising Authority to make adoption orders for children whose parents fail in their duty towards them. 54.—
3 months from the day on which the request was given, the Health Service Executive either— (
this paragraph in relation to the request but does not make an application under paragraph (a) for the order, the applicants may apply to the High Court for the order.
subsection
the applicants, and to dispense with the consent
any person whose consent is necessary to the making
the adoption order, if— (a) having due regard for the rights, whether under the Constitution or otherwise,
the persons concerned (including the natural and imprescriptible rights
the child), the High Court is satisfied that it would be in the best interests
the child to grant the authorisation, and (b) it is shown to the satisfaction
the High Court as follows: (i) that— (I) for a continuous period
not less than 12 months immediately preceding the time
the making
the application, the parents
the child to whom the declaration under section 53
18 years, (III) the failure constitutes an abandonment on the part
the parents
all parental rights, whether under the Constitution or otherwise, with respect to the child, and (IV) by reason
the failure, the State, as guardian
the common good, should supply the place
the parents; (ii) that the child— (I) at the time
the making
the application, is in the custody
and has a home with the applicants, and (II) for a continuous period
not less than 12 months immediately preceding that time, has been in the custody
and has had a home with the applicants; and (iii) that the adoption
the child by the applicants is an appropriate means by which to supply the place
the parents.
the child concerned, to his or her wishes.
its own motion or on application to it in that behalf, may make orders— (
any costs, in relation to the proceedings, that are incurred by the person and are not paid by another party, if legal aid for the proceedings under any scheme operated by or on behalf
the State for the provision
legal aid has been refused, or (ii) by the person
any costs in relation to the proceedings that are incurred by any other party.
the Health Service Executive at its premises, and (b) for the purposes
subsection
them), and (b) any other persons who, in the opinion
the High Court, ought to be heard by it.
them), having been requested to give evidence to the High Court at the hearing
an application for an order under section 54
the evidence
the parents (or either
them).
them) fail or fails, or refuse or refuses, to respond to a request under subsection
subsection
them) to give evidence to the High Court at the hearing concerned.
the evidence
the parents
the child concerned (or either
them) if— (
the parents concerned (or either
them) is not known both to the persons applying for an order under section 54
the parents concerned (or either
them)— (I) at the time
the making
the application for the order, and (II) during the 12 months immediately preceding that time, are not known to the parties making the application and are not known to the Authority, and (ii) all appropriate measures have been taken to ascertain those whereabouts.
them) are incapable by reason
mental infirmity
giving reliable evidence to the High Court on the hearing
an application under paragraph (a) or (b)
section 54
the parents (or either
them), and (b) make the order under section 54
that evidence. Court costs. 56.—
the child concerned, in respect
any costs— (a) that are incurred by them in relation to an application under section 54
, or the refusal to make, an order under section 54
legal aid operated by or on behalf
the State has been refused, either, as may be specified by the Court— (i) the whole or a part so specified
those costs, as taxed by a Taxing Master
the High Court, or (ii) such amount as, in the opinion
the Health Service Executive and those parents, would be equal to the amount, as may be specified,
those costs or
a part so specified
them, if they were taxed by a Taxing Master
the High Court.
another party to the proceedings in relation to the application under section 54
the child concerned, and (b) legal aid in respect
those costs under any scheme for the provision
legal aid operated by or on behalf
the State has been refused, the Health Service Executive shall pay to that other party, in respect
those costs either, as may be specified by the High Court or the Supreme Court— (i) the whole or a part so specified
those costs, as taxed by a Taxing Master
the High Court, or (ii) such amount as, in the opinion
the Health Service Executive and that other party, would be equal to the amount, as may be so specified,
those costs or
a part so specified
them, if they were taxed by a Taxing Master
the High Court.
the State for the provision
legal aid has been refused, the Health Service Executive shall pay to the persons bringing the application, for any costs incurred by them in relation to— (
those costs, as taxed by a Taxing Master
the High Court, or (II) such amount as, in the opinion
the Health Service Executive and those persons, would be equal to the amount, as may be specified,
those costs or
a part so specified
them if they were taxed by a Taxing Master
the High Court. PART 8 Effects
Adoption orders and
State Recognition
Intercountry Adoptions Recognition and effects
intercountry adoption effected outside State. 57.—
a competent authority for the purposes
an intercountry adoption effected outside the State.
“ foreign adoption” in section 1
the Adoption Act 1991 , and (ii) has been certified under a certificate issued by the competent authority
the state
the adoption as having been effected under and in accordance with the law
that state, or (b) if effected on or after the establishment day, has been certified under a certificate issued by the competent authority
the state
the adoption— (i) in the case
an adoption referred to in paragraph (b)
the definition
“ intercountry adoption effected outside the State ” in section 3
the adoption under and in accordance with the law
that state, and (ii) in any other case, as having been effected in accordance with the Hague Convention or with a bilateral agreement or with an arrangement referred to in section 81 , as the case may be, unless contrary to public policy, is hereby recognised, and is deemed to have been effected by a valid adoption order made on the later
the following: (I) the date
the adoption; (II) the date on which, under section 90 , the Authority enters particulars
the adoption in the register
intercountry adoptions.
the adoption
terminating a pre-existing legal parent-child relationship, the adoption, as
the date
the deeming under that subsection, has substantially the same effect as an adoption effected by an adoption order.
the adoption
terminating a pre-existing legal parent-child relationship, the adoption, as
the date
the deeming under that subsection, has the effect, in respect
the child,
making applicable section 58 (a) but not section 58 (b). Parental rights and duties. 58.— Upon an adoption order being made, or the recognition under this Act
an intercountry adoption effected outside the State— (a) the child concerned shall be considered, with regard to the rights and duties
parents and children in relation to each other, as the child
the adopters born to them in lawful wedlock, and (b) with respect to the child, the mother or guardian
the child, and the child’s father, shall, subject to section 57 , lose all parental rights and be freed from all parental duties. Subsequent marriage
birth parents. 59.—
an adoption order in relation to a child born
parents not married to each other and the provisions
this Act in regard to the effects
the order are not affected by the subsequent marriage
the child’s birth parents, and (b) the Legitimacy Act 1931 does not apply to the child unless the order is set aside.
his or her birth parents and their subsequent marriage to each other would, apart from that subsection, legitimate the child.
the birth
the child under section 24
the Civil Registration Act 2004 , an tArd-Chláraitheoir shall cancel the entry in the Adopted Children Register concerned and notify the Authority accordingly. Property rights. 60.—
the adoption order or the recognition
an intercountry adoption effected outside the State.
an adoption order or the recognition
an intercountry adoption effected outside the State, as the case may be, the adopters, the adopted person or any other person dies intestate in respect
any real or personal property, that property shall devolve in all respects as if the adopted person were— (a) the child
the adopters born in lawful wedlock, and (b) not the child
any other person.
real or personal property made, whether by instrument inter vivos or by will (including codicil), after the date
an adoption order or the recognition
an intercountry adoption effected outside the State, as the case may be— (a) a reference (whether express or implied) to the child or children
the adopter or adopters shall be read, unless the contrary intention appears, as, or as including, a reference to the adopted person, (b) a reference (whether express or implied) to the child or children
the adopted person’s birth parent or parents shall be read, unless the contrary intention appears, as not being, or as not including, a reference to the adopted person, and (
the adopters, born in lawful wedlock, and (ii) not the child
any other person.
— (a) the devolution
any property in accordance with this section, and (b) the construction
any disposition to which subsection
the adopters or
either
them— (i) where the adopters are a married couple and the other person is the child or adopted child
both spouses, as brother or sister
the whole blood, and (ii) in any other case, as brother or sister
the half-blood.
law, a disposition made by will or codicil executed before the date
an adoption order or the recognition
an intercountry adoption effected outside the State, as the case may be, shall not be treated for the purposes
this section as made after that date by reason only that the will or codicil is confirmed by a codicil executed after that date.
a person who had been previously adopted, the previous adoption shall be disregarded for the purposes
this section in relation to— (a) the devolution
any property on the death
a person dying intestate after the date
the subsequent adoption order, and (b) any disposition
property after that date.
the disposition
property concerned. Stamp duty on land. 61.— For the purposes
the stamp duties chargeable on conveyances or transfers
land, an adopted person shall be considered as the child
the adopter or adopters born to him, her or them in lawful wedlock and not to be the child
any other person. Orders to make payment for benefit
child. 62.— Where an adoption order is made under this Act, then— (a) any order under which the birth parent
the child is required to make payments specifically for the benefit
the child, and (b) any agreement whereby the birth parent
the child has undertaken to make payments specifically for the benefit
the child, ceases to have effect, but without prejudice to the recovery
any arrears due under the order or agreement at the date
the adoption order. Transitional — foreign adoptions in process immediately before establishment day. 63.—
section 1
the Adoption Act 1991 .
eligibility and suitability before the establishment day, the adoption may proceed under this Act as if— (i) it were commenced under this Act and the date
the issue
the declaration were that day, (ii) the persons had applied under section 37
this Act, and (iii) section 40
this Act read “in another contracting state or a state that, in the opinion
the Authority, applied standards regarding the adoption concerned that accord with those in the Hague Convention”, and (b) in any other case, the adoption may proceed under this Act as if it were commenced under this Act. PART 9 Intercountry Adoptions Chapter 1 Provisions Relating Generally to Intercountry Adoptions Competent authority. 64.— The Authority is the competent authority in the State for the purposes
the Hague Convention. Competent authority for certifying that adoptions accord with Hague Convention. 65.— Without prejudice to the generality
section 64 , the Authority is the competent authority for the purpose
certifying— (a) under Article 23 (which relates to the recognition
an adoption certified by the competent authority
the state
adoption), adoptions effected in the State in accordance with the Hague Convention, and (b) under Article 27 (which relates to conversion
adoptions in the state
origin into adoptions terminating pre-existing legal parent-child relationships), the conversion
adoptions recognised in the State. Role
Authority as Central Authority. 66.—
the Hague Convention.
Central Authority functions by public authorities), the Authority may delegate in writing one or more
its functions as the Central Authority to the Health Service Executive or such accredited bodies as the Authority may specify.
the receiving state— (i) issuing, in accordance with paragraph
(which relates to reports by Central Authorities
receiving states), a declaration
eligibility and suitability as part
the report referred to in that Article, and (ii) arranging the return
a child under paragraph
(which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State), if the child’s interests so require; (b) as the Central Authority
the state
origin— (i) transmitting to the Central Authority
the receiving state the report referred to in Article 16 (which relates to reports by the Central Authorities
states
origin), proof that the necessary consents have been obtained and the reasons for the Authority’s determination concerning the placement, and (ii) deciding, in accordance with Article 17 (which relates to when the state
origin may entrust a child to prospective adoptive parents), whether the child should be entrusted to prospective adopters. Procedural arrangements for cases where State is receiving state. 67.—
the application
the Hague Convention in the State, subsections
(which relates to making applications for adoption to the Central Authority), an application to adopt a child habitually resident in another contracting state is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf
those persons by the Health Service Executive together with— (
(which provides for limits on the state
origin entrusting a child to prospective adoptive parents), the approval
the Authority is required before any decision is made in the state
origin that the child should be entrusted to prospective adopters.
determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied as to compliance with Article 5 (which relates to when a Convention adoption may take place) and Article 17.
the Health Service Executive under any other enactment, the Health Service Executive shall perform on behalf
the Authority the latter’s functions as the Central Authority— (
(which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State). State as receiving state: adoption orders for children placed for adoption in State. 68.—
origin, in accordance with Article 17 (which relates to when the state
origin may entrust a child to prospective adoptive parents), and (b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.
the prospective adopters with whom the child was placed and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions
this Act have been met, and (b) where the consent
a birth parent
the child is necessary and has not been given, if the High Court has made an order— (i) under section 31
certain adoptions effected in contracting states and recognised in State. 69.—
the conversion, in accordance with Article 27 (which relates to conversion
adoptions in the state
origin to adoptions terminating pre-existing legal parent-child relationships),
a Convention adoption that does not have the effect
terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who— (a) was transferred to the State from the child’s state
origin, in accordance with Article 17 (which relates to when the state
origin may entrust a child to prospective adoptive parents), and (b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.
the adopters
the child and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions
this Act have been met, and (b) where the consent
a birth parent
the child is necessary and has not been given, if the High Court has made an order— (i) under section 31
child from State for purpose
adoption in receiving state. 70.— A child may be transferred from the State to another contracting state for the purpose
adoption in that state in accordance with the Hague Convention, but such a transfer may take place only— (
receiving states); (iv) Article 16 (which relates to reports by the Central Authorities
states
origin); (v) Article 17 (which relates to when the state
origin may entrust a child to prospective adoptive parents); (vi) Article 18 (which relates to Central Authorities obtaining permissions for a child to leave his or her state
origin), (b) in accordance with Article 17 (which relates to when the state
origin may entrust a child to prospective adoptive parents)— (
the receiving state approves that decision, and (c) if the transfer takes place in secure and appropriate circumstances and in the company
the adopters or prospective adopters. Discussions relating to agreements under Article 39. 71.—
the Minister, may enter into discussions with any contracting state concerning— (a) the possibility
the State entering into an agreement under paragraph
(which makes provision for international instruments on matters governed by the Hague Convention) with that contracting state, and (b) the terms and conditions
the agreement.
this section, has entered into an agreement under paragraph
with a contracting state, with a view to improving the application
the Convention in their mutual relations, the Minister shall cause the agreement to be laid before each House
the Oireachtas.
the Oireachtas.
law from the date on which it is entered into and for so long as it is in effect.
an agreement, or an amended agreement, under paragraph
applications— (a) made to the Authority by persons habitually resident in the State for the adoption
a child habitually resident in the contracting state, or (b) made to the Central Authority
a contracting state by persons habitually resident in the contracting state for the adoption
a child habitually resident in the State.
the Minister and having regard for the principles
the Hague Convention, may enter into discussions with any non-contracting state concerning the possibility
the Government entering into a bilateral agreement with that state.
this section, has entered into a bilateral agreement with a non-contracting state concerning intercountry adoption, the Minister shall cause the agreement to be laid before each House
the Oireachtas.
the Oireachtas.
a bilateral agreement, or an amended bilateral agreement, from the date on which it is laid before the Houses. Administrative arrangements with states that have bilateral agreements. 74.—
applications— (a) made to the Authority by persons habitually resident in the State for the adoption
a child habitually resident in that other state, or (b) made to the Central Authority
the other state by persons habitually resident in that other state for the adoption
a child habitually resident in the State.
Authority as Central Authority under bilateral agreement. 75.—
its functions as the Central Authority under a bilateral agreement.
the receiving state— (i) issuing, in the circumstances described in paragraph
(which relates to reports by Central Authorities
receiving states), a declaration
eligibility and suitability, (ii) arranging a new placement
, or alternative long-term care for, a child if the child is withdrawn from placement with his or her prospective adopters in accordance with the bilateral agreement, and (iii) arranging the return
a child to his or her state
origin, if the child’s interests so require; (b) as the Central Authority
the state
origin and in accordance with a bilateral agreement— (
the child concerned, (iii) transmitting to the Central Authority
the receiving state the report on the child, proof that the necessary consents have been obtained and the reasons for the Authority’s determination as to whether the envisaged placement is in the child’s best interests, and (iv) deciding whether the child should be entrusted to prospective adopters. Competent authority for certifying that adoptions accord with bilateral agreement. 76.—
section 64 , the Authority is the competent authority for the purpose
certifying— (
adoptions that were effected in another state that is a party to a bilateral agreement and that are recognised in the State.
the Authority that an adoption was effected in accordance with a bilateral agreement shall specify when the Authority and the Central Authority
the other state agreed to the adoption proceeding. Procedural arrangements where State is receiving state under bilateral agreement. 77.—
the application
a bilateral agreement in the State.
a bilateral agreement, an application to adopt a child habitually resident in another state (that is a party to the agreement) is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf
those persons by the Health Service Executive, together with— (
the Authority is required before any decision is made in the state
origin that the child should be entrusted to prospective adopters.
determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied that— (
the Health Service Executive under any other enactment, the Health Service Executive shall perform on behalf
the Authority the latter’s functions as the Central Authority— (
(which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving state). State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State. 78.—
origin in accordance with a bilateral agreement, and (b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.
the prospective adopters with whom the child was placed and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions
this Act have been met, and (b) where the consent
a birth parent
the child is necessary and has not been given, if the High Court has made an order— (i) under section 31
this section, Article 4 (which relates to when an adoption may take place) is applicable in respect
a bilateral agreement. Conversion
certain adoptions effected under bilateral agreement in another state and recognised in the State. 79.—
the conversion, in accordance with Article 27 (which relates to conversion
adoptions in state
origin to adoptions terminating pre-existing legal parent-child relationships),
a bilateral agreement adoption that does not have the effect
terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who— (a) was transferred to the State from the child’s state
origin in accordance with a bilateral agreement, and (b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.
the adopters
the child and only— (a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions
this Act have been met, and (b) where the consent
a birth parent
the child is necessary and has not been given, if the High Court has made an order— (i) under section 31
this section, Article 17 (which relates to when state
origin may entrust a child to prospective adoptive parents) and Article 4 are applicable in respect
a bilateral agreement. Transfer
child from State for purpose
adoption in receiving state. 80.— A child may be transferred from the State to a non-contracting state for the purpose
adoption in that state in accordance with a bilateral agreement, but such a transfer may take place only in accordance with the agreement, and, in particular, if— (a) the requirements
the agreement as to consents to the adoption have been satisfied, (b) the Central Authority
the receiving state has— (
the receiving state has approved that decision, and (e) the transfer takes place in secure and appropriate circumstances and in the company
the adopters or prospective adopters. Chapter 3 Arrangement in Exceptional Case with a Non-Contracting State Exceptional case involving specific child. 81.—
a specific child by prospective adopters habitually resident either in the State or in the non-contracting state, (b) a declaration
eligibility and suitability in the State, or an equivalent instrument in the non-contracting state, has been issued for the prospective adopters, (c) the prospective adopters are relatives
the child, and (d) the Authority is satisfied that the standards that are being or will be applied to the adoption accord with those
the Hague Convention.
— (
an intercountry adoption effected outside the State, other than the adoption or the recognition
the adoption
the specific child to whom the arrangement relates. Chapter 4 Duty to Inform State about Adopted Child First Entering State Duty to inform Health Service Executive and Authority
child’s entry. 82.—
the child’s entry as soon as practicable and, in any event, not later than 3 months after the date
entry.
being adopted in the State by prospective adopters who are habitually resident in the State, they shall notify the Health Service Executive and the Authority
the child’s entry as soon as practicable and, in any event, not later than 3 months after the date
entry. PART 10 Adopted Children Register and Register
Intercountry Adoptions Chapter 1 Adopted Children Register Authority to send particulars to Ard-Chláraitheoir for entries in Adopted Children Register. 83.— The Authority shall send to an tArd-Chláraitheoir the particulars necessary to enable him or her to comply with this Part. Adopted Children Register. 84.—
the Adoption Act 1952 shall, notwithstanding the repeal
that section by section 7
an adoption order made by the Authority.
the adopted child’s birth is unknown— (a) the Authority shall determine the probable date
birth, and (b) that date shall be entered in the Adopted Children Register as the adopted child’s date
birth.
the child’s birth— (a) the determination referred to in subsection
the child and the entry in the Adopted Children Register made under subsection
birth
the child shall be entered in the Adopted Children Register if the Authority,
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.