Legalize / Ireland / Act

Adoption Act 2010

Type Act

Publication 2010-07-14

Last updated 2023-07-03

State In force

Source Irish Statute Book

articles 184

Reform history JSON API

PART 1 Preliminary and General Matters

1. Short title.

1.— This Act may be cited as the Adoption Act 2010.

2. Commencement.

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

(2) An order under subsection (1) may, in respect of the repeal of the Acts specified in Part 1 of Schedule 1 and the revocation of the statutory instruments specified in Part 2 of that Schedule effected by section 7, appoint different days for the repeal of different Acts or different provisions of them and the revocation of different statutory instruments or different provisions of them.

3. Interpretation.

3.— (1) In this Act, unless the context otherwise requires—

“accredited body” means a body of persons whose name is entered in the register of accredited bodies;

F1[“Act of 1964”means theGuardianship of Infants Act 1964;]

F1[”Act of 2010”means theCivil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

F2[”Act of 2015”means the Gender Recognition Act 2015;]

“Adopted Children Register” means the Adopted Children Register maintained by an tArd-Chláraitheoir under section 22 of the Adoption Act 1952 and continued in being by section 84;

“Adoption Acts” means the Adoption Acts 1952 to 1998;

“adoption committee” means a committee established by the F3[Child and Family Agency] under section 36;

“adoption order” means an order for the adoption of a child made—

(a) before the establishment day, by An Bord Uchtála under the Adoption Acts, or

(b) on or after the establishment day, by the Authority under this Act;

“Article”, in relation to a numbered Article, means the Article so numbered of the Hague Convention and a reference to a subdivision of a numbered Article shall be read accordingly;

“assessment of eligibility and suitability”, in relation to a person, means an assessment of whether or not the person—

(a) comes within the classes of persons in whose favour an adoption order may by virtue of section 33be 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;

F4[”bilateral agreement”means an agreement referred to insection 73entered into by the Government and a non-contracting state concerning intercountry adoption;]

“bilateral agreement adoption” means an adoption—

(a) effected in accordance with a bilateral agreement in a state that is a party to the agreement, and

(b) certified, in accordance with the agreement, by the competent authority of the state of the adoption as having been so effected;

“Central Authority” means—

(a) in relation to a Convention adoption, the body designated as the Central Authority by a contracting state, under Article 6 (which relates to the designation and appointment of Central Authorities) to perform the functions conferred under the Hague Convention on such authorities,

(b) in relation to a bilateral agreement adoption, a body designated as the Central Authority under that agreement to perform the functions conferred under that agreement on such authorities, and

(c) in relation to an intercountry adoption in the circumstances referred to in section 81, a body designated as the Central Authority under an arrangement under that section to perform the functions conferred under that arrangement on such authorities,

and in each case, in relation to functions performable in the State, means the Authority;

“chief executive officer” means the person appointed to be the chief executive officer of the Authority under section 103;

“child” means any person who is under the age of 18 years;

F1[”civil partner”shall be construed in accordance with section 3 of the Act of 2010;

”cohabitant”shall be construed in accordance with section 172(1) of the Act of 2010;

”cohabiting couple”means 2 adults who are cohabitants of each other and who have been living together as cohabitants for a continuous period of not less than 3 years;]

“contracting state” means a state, other than any state to whose accession to the Hague Convention the State has raised an objection pursuant to Article 44 (which relates to accession to the Hague Convention), in respect of which the Hague Convention has entered into force in accordance with Article 46 and shall be read so that this Act shall have effect in relation to—

(a) if a contracting state has declared under Article 45 (which makes special provision for states with 2 or more territorial units) that the Hague Convention shall extend to one or more than one territorial unit within that state, that unit or those units, and

(b) each other contracting state;

“Convention adoption” means an intercountry adoption effected in accordance with the Hague Convention in a contracting state and for which a certificate under paragraph (1) of Article 23 (which relates to recognition of adoptions certified by the competent authority of the state of adoption) has been provided;

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

“domestic adoption” means the adoption of a child who was habitually resident in the State before his or her adoption by a person or persons habitually resident in the State;

F5["donor-conceived child" has the same meaning as it has in Part 2 of theChildren and Family Relationships Act 2015;

"father", in relation to a child, includes a man who is, undersection 5of theChildren and Family Relationships Act 2015, a parent of the child where that child is a donor-conceived child;]

“establishment day” means the establishment day appointed under section 6;

“financial year”, in relation to the Authority, means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Authority, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;

F2[”gender recognition certificate”has the same meaning as it has in the Gender Recognition Act 2015;]

“guardian”, in relation to a child, means a person who—

F6[(a) is a guardian of the child pursuant to the Act of 1964, other than a guardian appointed—

(i) under section 6C of that Act where subsection (9) of that section applies to that appointment but the court has not made an order that that person enjoys the rights and responsibilities specified in subsection (11)(f) of that section, or

(ii) under section 6E of that Act, or]

(b) is appointed to be a guardian of the child by—

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

“Hague Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, 1993, the text of which, subject to subsection (3), is set out for convenience of reference in Schedule 2;

“interim order” means an order under section 44;

“intercountry adoption” means the adoption of a child habitually resident in a state (the “state of origin”), whether a contracting state or non-contracting state, who has been, is being or is to be transferred into another state (the “receiving state”)—

(a) after the child’s adoption in the state of origin by a person or persons habitually resident in the receiving state, or

(b) for the purposes of an adoption, in either the receiving state or the state of origin, by a person or persons habitually resident in the receiving state;

“intercountry adoption effected outside the State” means—

(a) an adoption of a child effected outside the State at any time before the establishment day that, at that time, conformed to the definition of “foreign adoption” in section 1 of the Adoption Act 1991,

(b) an adoption, other than an intercountry adoption, of a child effected outside the State at any time on or after the establishment day that conforms to the definition of “foreign adoption” in section 1 of the Adoption Act 1991 as it read on 30 May 1991, or

(c) an intercountry adoption of a child effected outside the State at any time on or after the establishment day that, at that time, is in compliance with the applicable provisions of this Act and the Hague Convention;

“local authority” has the same meaning as it has in the Local Government Act 2001;

“Minister” means the Minister for Health and Children;

“non-contracting state” means a state other than a contracting state;

F7[…]

F8[“parent”means, in relation to a child—

(a) the mother or father of the child, or

F9[(b) a woman (other than the mother) who is, undersection 5of theChildren and Family Relationships Act 2015, a parent of the child where that child is a donor-conceived child,]

and includes an adopter of the child;]

“personal public service number” has the meaning assigned to it by section 262 of the Social Welfare (Consolidation) Act 2005;

“prescribed” means prescribed by the Minister by regulations under this Act;

“receiving state”, in relation to an intercountry adoption, means the state in which the prospective adopters of a child are habitually resident;

“register of accredited bodies” means the register kept under section 35 of the Adoption Act 1952 as the Adoption Societies Register and continued in being under section 126 as the register of accredited bodies;

F2[”register of gender recognition of intercountry adoptions”means the register established undersection 91A;]

“register of intercountry adoptions” means the register established under section 6 of the Adoption Act 1991 as the Register of Foreign Adoptions and continued in being under section 90 as the register of intercountry adoptions;

“relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether of the whole blood, of the half-blood or by affinity and includes the spouse of any such person, F10[relationship to the child being traced through a parent of that child];

F11[“relevant non-guardian”means, in relation to a child—

(a) a father of the child who is not a guardian of the child pursuant to the Act of 1964,

F12[(b) a parent of the child undersection 5of theChildren and Family Relationships Act 2015who is not a guardian pursuant to the Act of 1964,]

(c) a person who is appointed as a guardian of the child pursuant to section 6C of the Act of 1964 where subsection (9) of that section applies to that appointment but in respect of which the court has not made an order that the person enjoys the rights and responsibilities specified in subsection (11)(f) of that section, or

(d) a person appointed by the court to be a temporary guardian of the child under section 6E of the Act of 1964;]

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

(a) his or her adoption, or

(b) his or her proposed adoption,

by a person habitually resident in another state.

F1[”step parent”has the meaning assigned to it bysection 37;]

(2) In this Act, references to adopters shall, where the context so requires, include references to an adopter.

(3) In Schedule 2, in a head note to a numbered Article, the descriptor following the number—

(a) is not part of the Hague Convention, and

(b) shall be considered to have been added editorially for convenience of reference only.

4. References to making arrangements for adoption.

4.— In this Act, references to the making of arrangements for the adoption of a child (whether a domestic adoption or an intercountry adoption) shall be read as including references to the following activities:

(a) making any agreement or arrangement for, or facilitating, the adoption or maintenance of the child by any person;

(b) initiating or taking part in any negotiations the purpose or effect of which is the making of any such agreement or arrangement;

(d) offering to enter into negotiations on behalf of the child’s parents or prospective adopters for the purpose of arranging an adoption;

(e) carrying out or making any arrangement for the carrying out of an assessment of eligibility and suitability;

(f) preparing reports on assessments of eligibility and suitability;

(g) providing information, advice and counselling concerning adoption to any prospective adopters;

(h) providing information, advice and counselling concerning adoption to a mother or guardian who proposes to place a child for adoption;

(i) providing information and advice concerning the child’s medical or other status in connection with adoption;

(j) placing a child with any prospective adopters;

(k) one or more of the following:

(i) assisting—

(I) adopted persons (18 years of age or over) in tracing their F13[parents] or other relatives, and

(II) F13[parents] or other relatives (18 years of age or over) of adopted persons in tracing the adopted persons;

(ii) counselling the persons described in subparagraph (i);

(iii) mediating between adopted persons described in subparagraph (i) and F13[parents] or other relatives, both as described in that subparagraph.

5. Supplemental provisions to section 4 in relation to certain intercountry adoptions.

5.— In addition but without prejudice to section 4, in this Act, references to making arrangements for the adoption of a child shall be read in relation to an intercountry adoption as including references to the following activities:

(a) contacting, directly or indirectly in connection with an intercountry adoption, any person, institution or authority in the child’s state of origin that is authorised by that state to make arrangements for adoption;

(b) preparing pre-adoption reports for the purpose of Article 20 (which relates to Central Authorities keeping each other informed) or of any provision of a bilateral agreement;

(c) transmitting to the Central Authority in the child’s state of origin the declaration of eligibility and suitability together with the assessment report prepared under section 37 and the recommendation made under section 39.

6. Establishment day.

6.— The Minister by order shall appoint a day as the establishment day for the purposes of this Act.

7. Repeals and revocations.

7.— (1) The Acts specified in Part 1 of Schedule 1 are repealed to the extent specified in column (3) of that Part of that Schedule.

(2) The statutory instruments specified in Part 2 of Schedule 1 are revoked to the extent specified in column (3) of that Part of that Schedule.

8. Expenses.

8.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Legal Effect of Hague Convention

9. Hague Convention to have force of law.

9.— The Hague Convention has the force of law in the State.

10. Explanatory report.

10.— (1) Judicial notice shall be taken of the explanatory report prepared by G. Parra-Aranguren in relation to the Hague Convention, a copy of which has been placed in the Oireachtas Library.

(2) When interpreting any provision of the Hague Convention, a court or the Authority, as the case may be, shall pay due regard to that explanatory report.

PART 3 Placement for Adoption

Chapter 1

11. Interpretation (Part 3).

11.— In this Part—

“accredited body” includes the F14[Child and Family Agency];

“father”, in relation to a child, includes a person who believes himself to be the father of the child.

Chapter 2

12. Visits and enquiries pertaining to adoptions.

F15[12.—The Authority may authorise a member or employee of the Authority or of the Child and Family Agency to—

(a) visit the homes of the child, the guardians of the child, the applicants for an adoption order or the recognition of an intercountry adoption effected outside the State and the person having custody of the child for the purposes of an adoption, and

(b) make enquiries on behalf of the Authority.]

13. Restriction on placing child for adoption.

13.— An accredited body shall not place a child for adoption unless—

(a) the child has attained the age of 6 weeks,

(b) it does so only for adoption purposes under this Act, and

(c) it does so in accordance with this Act and the Hague Convention, in particular with Article 17 (which relates to when the state of origin may entrust a child to prospective adopters).

14. Explanation to mother or guardian as to effect of adoption.

14.— Where the mother or guardian of a child proposes to place the child with an accredited body for adoption, the accredited body, before accepting the child, shall—

(a) furnish the mother or guardian with a statement in writing explaining—

(i) that a placement for adoption is the beginning of the adoption process,

(ii) the effect of a placement for adoption upon the rights of a mother or guardian,

(iii) the effect of an adoption order upon the rights of a mother or guardian, and

(iv) the requirements specified in sections 26 to 28 in respect of the consents necessary under this Act in relation to an adoption order,

(b) ensure that the mother or guardian understands the statement and signs a document to that effect, and

15. Care of child pending placement.

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

(a) for the care of children, and

(b) for securing generally their welfare,

may arrange for appropriate care for the child, subject to the accredited body’s control and supervision, pending the placement of the child for adoption.

(2) Section 23P of the Child Care Act 1991 does not apply to—

(a) the making of an arrangement by an accredited body under subsection (1), or

(b) a person undertaking the care of a child under the arrangement.

16. Right of father who wishes to be consulted.

16.— F16[(1) A relevant non-guardian of a child, by notice to the Authority, may advise the Authority of his or her wish to be consulted in relation to—

(a) a proposal by an accredited body to place the child for adoption, or

(b) an application by the mother, step parent or relative of the child for an adoption order in respect of the child.]

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

17. Pre-placement consultation procedure.

F17[17.—(1) Where an accredited body proposes to place a child for adoption—

(a) the accredited body shall request the Authority in writing and in a form and manner approved by the Authority to provide the body with a copy of any notice received by the Authority undersection 16(1)from a relevant non-guardian of that child, and

(b) the Authority shall—

(i) as soon as practicable, provide the notice (if any) to the accredited body, or

(ii) where at the time of the request underparagraph (a), it has not received any notice, so inform the accredited body and afterwards, if the Authority so receives a notice undersection 16(1), provide the notice forthwith to the accredited body.

(2) Subject to this section andsection 18, where an accredited body proposes to place a child for adoption, the accredited body shall, before placing the child for adoption, take such steps as are reasonably practicable, to consult any relevant non-guardian for the purposes of—

(a) informing him or her of the proposed adoption,

(b) explaining to him or her the legal implications of, and the procedures related to, adoption, and

(3) Where—

(a) each relevant non-guardian of a child indicates to the accredited body that he or she has no objection to the proposed placement of the child concerned for adoption, the accredited body may at any time thereafter, place the child for adoption, or

(b) any relevant non-guardian objects to the proposed placement of the child for adoption, the accredited body shall—

(i) notify in writing in the prescribed manner each of the parents, guardians and relevant non-guardians of the child, informing them that it is deferring the placement for such period (in this section referred to as the“deferral period”) as is specified in the notice, being a period of not less than 21 days, commencing on the date of the notice, for the purpose of affording the relevant non-guardian an opportunity to make an application to court under the Act of 1964, and

(ii) defer the placement in accordance with the notification.

(4) Where an accredited body receives a notice that an application to court referred to insubsection (3) (b) (i)has been made in relation to a child, the accredited body shall not place the child for adoption until the proceedings are concluded.

(5) Where an accredited body has not received—

(a) a notice referred to insubsection (4)within the deferral period, and

(b) any indication from a relevant non-guardian underparagraph (a)or(b)ofsubsection (3)within 21 days of informing the person of the proposed placement of the child, as to whether or not he or she has any objection to the proposed placement,

the accredited body may, at any time thereafter, place the child for adoption unless it receives a notice undersubsection (4).

(6) A person who is a party to an application referred to insubsection (3) (b) (i)may apply to court for, and the court, where it is in the best interests of the child, may grant, such order as it considers appropriate to expedite the proceedings, which order may include, but shall not be limited to an order—

(a) for substituted service, or

(b) abridging the time fixed by rules of court for taking any step or doing any act in the proceedings.]

18. Where father not consulted.

F18[18.—(1) If an accredited body is unable to consult a relevant non-guardian of a child for the purposes ofsection 17(2), the accredited body shall in a form and manner approved by the Authority, notify the Authority to that effect.

(2) The Authority may, if satisfied that the accredited body has taken such steps as are reasonably practicable to consult any relevant non-guardian, authorise the accredited body to place the child for adoption.

(3) At any time after being so authorised undersubsection (2)the accredited body may place the child for adoption, but only if the accredited body has not been contacted by a relevant non-guardian indicating that he or she objects to the placement.

(4) Where upon application to it by an accredited body that proposes to place a child for adoption, the Authority is satisfied that, having regard to—

(a) the nature of the relationship between the relevant non-guardian and the person who proposes or persons who propose to place the child for adoption, or

(b) other than in a case where the relevant non-guardian of the child is a person referred to inparagraph (b), (c)or(d)of the definition of“relevant non-guardian”, the circumstances of the conception of the child,

it is inappropriate for the accredited body to contact the relevant non-guardian in respect of the placement of the child concerned—

(i) the Authority may, after obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and

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

(5) If the identity of the father, referred to inparagraph (a)of the definition of“relevant non-guardian”(in this section referred to as“that father”), is unknown to an accredited body and the mother or guardian will not disclose the identity of that father, the accredited body shall—

(a) counsel the mother or guardian concerned in order to attempt to obtain his or her or their, as the case may be, co-operation, advising such person or persons—

(i) that the adoption may be delayed,

(ii) the possibility of that father of the child contesting the adoption at some later date,

(iii) that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of that child, and

(iv) such other matters as the accredited body considers appropriate in the circumstances,

and

(b) where the mother or guardian concerned, after counselling, will not disclose the identity of that father, furnish the Authority with a written report of the counselling that the accredited body has so provided.

(6) Where the Authority receives a written report referred to insubsection (5)(b), and is satisfied that the accredited body—

(a) has taken such steps as are reasonably practicable to obtain the co-operation of the mother or guardian, and

(b) has no other practical way of ascertaining that father’s identity, then—

(i) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and

(ii) the accredited body may, at any time after being so authorised, if it has not ascertained the identity of that father, place the child for adoption.

(7) Where the mother or guardian of a child provides or provide, as the case may be, an accredited body with a statutory declaration stating that he or she or they, as the case may be, is or are unable to identify that father, then—

(a) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and

(b) the accredited body may, at any time thereafter, place the child for adoption, if the accredited body has not any other practical way of ascertaining that father’s identity.]

18A. F19[No pre-placement consultation required

18A.—F20[…]]

PART 4 Domestic Adoptions and Intercountry Adoptions

Chapter 1

19. Welfare of child.

F21[19.—(1) In any matter, application or proceedings under this Act which is, or are, before—

(a) the Authority, or

(b) any court,

the Authority or the court, as the case may be, shall regard the best interests of the child as the paramount consideration in the resolution of such matter, application or proceedings.

(2) In determining for the purposes ofsubsection (1)what is in the best interests of the child, the Authority or the court, as the case may be, shall have regard to all of the factors or circumstances that it considers relevant to the child who is the subject of the matter, application or proceedings concerned including—

(a) the child’s age and maturity,

(b) the physical, psychological and emotional needs of the child,

(d) the child’s views on his or her proposed adoption,

(e) the child’s social, intellectual and educational needs,

(f) the child’s upbringing and care,

(g) the child’s relationship with his or her parent, guardian or relative, as the case may be, and

(h) any other particular circumstances pertaining to the child concerned.

(3) In so far as practicable, in relation to any matter, application or proceedings referred to insubsection (1), in respect of any child who is capable of forming his or her own views, the Authority or the court, as the case may be, shall ascertain those views and such views shall be given due weight having regard to the age and maturity of the child.

(4) Without prejudice to the generality ofsubsection (3), the Minister may make regulations prescribing the procedures by which the Authority or the court, as the case may be, shall determine how best to ascertain the views of the child, in so far as practicable, in any matter, application or proceedings, and, without prejudice to the generality of the foregoing, such regulations may—

(a) make provision for the procedures that are to apply to enable a child to present his or her views in person or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,

(b) make provision for the procedures that are to apply to enable a child to nominate an appropriate person to present the child’s views orally or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,

(i) a class or classes of persons who, in the opinion of the Minister having regard to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions, or

(ii) a class or classes of persons who, in the opinion of the Minister having considered the qualifications, training and expertise of such class or classes of persons by reference to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions,

(d) make provision for the procedures that are to apply in respect of any consultation by the Authority or the court, as the case may be, with a child or an appropriate person,

(e) make provision for the consultation by the Child and Family Agency with a child for the purpose of ascertaining his or her views and for the procedures relating thereto, including procedures relating to the preparation and submission of any written reports arising from such consultation to the Authority or the court, as the case may be,

(f) prescribe the standards to be applied by an appropriate person to the performance by the person of his or her functions under this section,

(g) prescribe the allowable expenses that may be charged by an appropriate person referred to inparagraph (c)(i)and the fees and allowable expenses that may be charged by an appropriate person referred to inparagraph (c)(ii),

(h) make provision for such other matters as the Minister considers necessary to ensure that appropriate persons are capable of performing their functions under this section.

(5) Regulations under this section may—

(a) make different provision in relation to—

(i) children of different ages and maturity, or

(ii) different classes of appropriate persons,

and

(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]

20. Authority’s power to make adoption order or recognise intercountry adoption effected outside State.

20.— (1) On the application of a person, or persons if they are F22[a married couple, a couple who are civil partners of each other or a cohabiting couple], desiring to adopt a child, the Authority may make an adoption order for the adoption of the child by the applicant or applicants, as the case may be.

(2) On the application of the adopters of a child adopted in an intercountry adoption effected outside the State, the Authority may recognise the intercountry adoption effected outside the State.

(3) Where the applicants are F22[a married couple, a couple who are civil partners of each other or a cohabiting couple]—

(a) the adoption order shall be for the adoption of the child by them jointly, or

(b) the recognition referred to in subsection (2) shall be for the recognition of the intercountry adoption effected outside the State of the child by them jointly.

(4) In making an adoption order, the Authority is required to take into account—

(a) the relevant assessment report prepared under section 37, and

(b) the relevant declaration of eligibility and suitability if one has been issued under section 40.

(5) In recognising an intercountry adoption effected outside the State, the Authority may take into account—

(a) the relevant instrument prepared by or on behalf of the Central Authority of that other state that is the equivalent of the assessment report referred to in subsection (4)(a), and

(b) the relevant instrument prepared by or on behalf of the Central Authority of that other state that is the equivalent of a declaration of eligibility and suitability.

(6) Where an application is made to the Authority under this section, the Authority, of its own motion or on the application of an interested person, may adjourn from time to time the making of a decision whether to make or refuse to make the adoption order or to recognise the intercountry adoption effected outside the State, as the case may be.

21. Discontinuance of proceedings for adoption order or for recognition of intercountry adoption effected outside State.

21.— (1) By notice delivered to the F23[Child and Family Agency] at any time after an application under section 20, the applicant or applicants may discontinue the proceedings that are the subject of that application, without liability for any costs of the proceedings.

F24[(2) The Child and Family Agency shall, as soon as practicable after receipt of notice undersubsection (1), give notice of the discontinuance to—

(a) the Authority,

(b) any adoption committee concerned,

(d) each relevant non-guardian of the child.]

22. Contribution by F25[Child and Family Agency] towards adoption expenses.

22.— The F25[Child and Family Agency], 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.

23. Children who may be adopted.

F26[23.—(1) The Authority shall not make an adoption order in respect of a child unless—

(a) the child—

(i) resides in the State, and

(ii) is, at the date of the making of the adoption order, less than 18 years of age,

and

(b) the child has—

(i) in a case where the applicant is a step parent of the child, a home with the child’s parent and that step parent, for a continuous period of not less than 2 years at the date of the application for the adoption order, or

(ii) in any other case, been in the care of the applicants for the prescribed period (if any).

(2) The Authority, having regard to the particular circumstances of the case, may make an adoption order in respect of a child notwithstanding that the child has not—

(a) in a case where the applicant is a step parent of the child, a home with the child’s parent and that step parent, for a continuous period of not less than 2 years at the date of the application for the adoption order, or

(b) in any other case, been in the care of the applicants for the prescribed period undersubsection (1)(b)(ii).]

24. Exception if child older than 7 years.

24.— F27[…]

25. Correction of adoption order.

25.— The Authority, of its own motion or on the application of an interested person, may amend an adoption order by correcting any error in the particulars contained in it.

Chapter 2

26. Consents to adoption orders.

26.— (1) The Authority shall not make an adoption order without the consent of every person, being the child’s mother or guardian or other person having charge of or control over the child, unless the Authority dispenses with the consent—

(a) with the sanction of the High Court if the person whose consent is necessary is a ward of court,

(b) in accordance with an authorisation of the High Court by order under this section, if—

(i) the person whose consent is necessary is not a ward of court, and

(ii) the High Court is satisfied that the person is incapable by reason of mental infirmity of giving consent or cannot be found,

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

(d) in accordance with an authorisation of the High Court by order under section 54 in a case to which that section applies.

(2) A person may give consent to the making of an adoption order without knowing the identity of the applicant for the order.

(3) A consent shall be given in writing in the prescribed form.

(4) A consent may be withdrawn at any time before the making of an adoption order.

27. Information for persons about consenting to adoption orders.

27.— (1) A person whose consent to the making of an adoption order is necessary—

(a) shall be informed before he or she gives the consent or as soon as may be after giving it—

(i) that the consent may be withdrawn at any time before the making of the order,

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

(iii) of the discretion of the High Court under subsection (3) of section 31, despite a subsequent withdrawal of the consent, to authorise the Authority to dispense with the consent in accordance with that section,

and

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

(i) to be informed of the date on which the Authority, if the person wishes to be heard, will hear the person or his or her counsel or solicitor on the application for the order, or

(ii) otherwise to be consulted again in relation to the application for the order.

(2) If a person whose consent to the making of an adoption order is necessary states that he or she does not wish to be—

(a) informed as set out in subsection (1)(b)(i), or

(b) otherwise to be consulted again as set out in subsection (1)(b)(ii),

it is not necessary so to inform or consult him or her.

(3) If the person does not so state, he or she shall be both informed and consulted in accordance with subparagraphs (i) and (ii) of subsection (1)(b), unless he or she cannot be found, in which case the Authority is required to deal with the application as if the person had not given the consent.

28.— (1) A consent to the making of an adoption order is not valid unless given—

(a) after the child concerned has attained the age of 6 weeks, and

(b) not earlier than 3 months before the application for adoption.

(2) The Authority shall satisfy itself that every person whose consent to the making of an adoption order is necessary and has not been dispensed with—

(a) has given the consent, and

(b) understands the nature and effect of the consent and of the adoption order.

29. Enquiries on behalf of Authority.

29.— (1) For the purposes of sections 27 and 28, the Authority may request and authorise any person either in or outside the State whom the Authority considers suitable for the purpose to—

(a) make enquiries on its behalf, and

(b) report to it the results of the enquiries.

(2) The Authority is entitled, if it accepts the report as satisfactory, to regard that acceptance—

(a) as sufficiently demonstrating the Authority’s compliance with section 27 as to the subject matter of the enquiries, and

(b) as compliance by the Authority with section 28 (2).

30. Consultation with father.

F28[30.—(1) In this section“father”, in relation to a child, includes a person who believes himself to be the father of the child.

(2) Subject to this section, on the receipt of an application for an adoption order, the Authority shall take such steps as are reasonably practicable to ensure that every relevant non-guardian of the child is consulted in relation to the adoption.

(3) Where the Authority is satisfied that, having regard to—

(a) the nature of the relationship between the relevant non-guardian of a child and the mother or guardian of the child, or

it would be inappropriate for the Authority to consult the relevant non- guardian in respect of the adoption of that child, the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting the relevant non-guardian concerned.

(4) If the identity of the father referred to inparagraph (a)of the definition of“relevant non-guardian”(in this section referred to as“that father”), is unknown to the Authority and the mother or guardian of the child will not or is unable to disclose the identity of that father, the Authority shall counsel the mother or guardian of the child, indicating—

(a) that the adoption may be delayed,

(b) the possibility of that father of the child contesting the adoption at some later date,

(c) that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of the child, and

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

(5) After counselling the mother or guardian of the child undersubsection (4), the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting that father if—

(a) the mother or guardian of the child either refuses to reveal the identity of that father of the child, or provides the Authority with a statutory declaration that he or she is unable to identify that father, and

(b) the Authority has no other practical means of ascertaining the identity of that father.

(6) The Child and Family Agency or an accredited body, at the Authority’s request, shall assist in carrying out the Authority’s functions under this section.

(7) An application for approval under this section shall be heard in private.]

F29[31.(1) In this section“applicants”means the person or persons referred to insubsection (2)(a).

(2) Where—

(a) a person has or persons have applied for an adoption order, and

(b) a person whose consent to the making of the adoption order is necessary undersection 26, and who has agreed to the placing of the child concerned for adoption either—

(i) fails, neglects or refuses to give his or her consent to the adoption, or

(ii) having previously consented to the adoption, withdraws his or her consent,

the applicants for the adoption order may apply to the High Court for an order undersubsection (3).

(3) Subject tosubsections (4)and(5), the High Court may make an order—

(a) giving custody of the child to the applicants for a specified period, and

(b) authorising the Authority to dispense with the consent of any person whose consent to the making of the adoption order is necessary undersection 26to the adoption of the child by the applicants, with the adoption to be effected by an adoption order made during that specified period of custody.

(4) In considering any application undersubsection (2), the High Court shall—

(a) have regard to the following:

(i) the relationship between the applicants and the child who is the subject of the application;

(ii) the relationship between the child and his or her mother or guardian, as the case may be, and the efforts made by any of those persons to develop or maintain a relationship with the child;

(iii) the proposed arrangements of the applicants and the mother or guardian or other person whose consent to the making of the adoption order is necessary undersection 26, as the case may be, for the future care of the child;

(iv) the rights, whether under the Constitution or otherwise, of the persons concerned (including the natural and imprescriptible rights of the child);

(v) any other matter which the Court considers relevant to the application,

and

(b) in so far as is practicable, in a case where the child concerned is capable of forming his or her own views, give due weight to the views of that child, having regard to the age and maturity of the child,

and, in the resolution of any such application, the best interests of the child shall be the paramount consideration.

(5) If a person whose consent is necessary undersection 26is a ward of court, his or her consent shall not be dispensed with, pursuant to an order under this section, except with the sanction of the court which granted the order for wardship.

(6) Proceedings under this section shall be heard in private.]

32. Religion.

F30[32.Notwithstandingsection 20, in a case where—

(a) the applicant or applicants, as the case may be,

(b) the child, and

are not all of the same religion (if of any religion), the Authority shall not make an adoption order unless every person whose consent to the making of an adoption order is necessary undersection 26knows, when so consenting, the religion (if any) of the applicant or each of the applicants, as the case may be.]

Chapter 3

33. Persons eligible for adoption order or recognition of intercountry adoption effected outside State.

33.— (1) (a) The Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, unless—

(i) the applicants are a married couple who are living together,

F31[(ia) the applicants are civil partners of each other who are living together,

(ib) the applicants are a cohabiting couple,]

F32[(ii) the applicant is a parent, step parent or relative of the child, or]

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

(b) Notwithstanding paragraph (a), the Authority may recognise an intercountry adoption effected outside the State on the application of a person referred to in paragraph (a) or (c) of section 90(3).

(2) Except as provided in subsection (1)(a), the Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, for the adoption of a child by more than one person.

(3) Where an applicant for an adoption order is married, or an applicant, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3), for the recognition of an intercountry adoption effected outside the State is married, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of the applicant’s spouse, given in the manner determined by the Authority, unless—

(a) the couple are living apart under—

(i) a decree of judicial separation under section 3 of the Judicial Separation and Family Law Reform Act 1989,

(ii) a decree or order to like effect that was granted under the law of another jurisdiction and that is recognised in the State, or

(iii) a deed of separation,

(b) the spouse has deserted the applicant, or

(c) conduct on the part of the spouse results in the applicant, with just cause, separating from the spouse and living apart from him or her.

F33[(3A) Where an applicant—

(a) for an adoption order, or

(b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to inparagraph (a)or(c)ofsection 90(3),

is a civil partner of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that applicant’s civil partner, given in the manner determined by the Authority unless—

(i) the applicant and the applicant’s civil partner are living apart under a separation agreement,

(ii) the civil partner has deserted the applicant, or

(iii) conduct on the part of the civil partner results in the applicant, with just cause, leaving the civil partner and living separately and apart from him or her.

(3B) Where an applicant—

(a) for an adoption order, or

(b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to inparagraph (a)or(c)ofsection 90(3),

is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority.]

(4) The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c) of section 90(3), recognise an intercountry adoption effected outside the State, unless—

(a) the applicant and, if the applicants are F34[a married couple, a couple who are civil partners of each other or a cohabiting couple], each of them has attained the age of 21 years, or

(b) the applicants are F35[a married couple, a couple who are civil partners of each other or a cohabiting couple] and one of them is F35[a parent] or a relative of the child and either of them has attained the age of 21 years.

(5) Subject to subsection (6) and section 81, the Authority shall not make an adoption order unless the applicant or, if the applicants are F36[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them, is habitually resident in the State.

(6) Subsection (5) does not prevent the Authority, for the purpose of an intercountry adoption effected in the State, from making an adoption order in favour of an applicant who, or, if the applicants are F37[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of whom, is habitually resident in—

(a) another contracting state,

(b) a state that has a bilateral agreement with the State, or

(7) The Authority shall issue policy guidelines respecting the circumstances in which an adoption order in favour of an applicant referred to in subsection (1)(a)(iii) may be made.

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

34.— The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c) of section 90(3), recognise an intercountry adoption, unless the Authority is satisfied that the applicant or, if the applicants are F38[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them—

(a) is a suitable person to have parental rights and duties in respect of the child, and

(b) without prejudice to the generality of paragraph (a), is of good moral character, in good health and of an age so that he or she has a reasonable expectation of being capable throughout the child’s childhood of—

(i) fulfilling his or her parental duties in respect of the child,

(ii) promoting and supporting the child’s development and well-being,

(iii) safeguarding and supporting the child’s welfare,

(iv) providing the necessary health, social, educational and other interventions for the child, and

(v) valuing and supporting the child’s needs in relation to his or her—

(I) identity, and

(II) ethnic, religious and cultural background,

(d) has been provided with appropriate information, advice and counselling concerning adoption.

Chapter 4

35. Applicants defined.

35.— In sections 36 to 39, “applicants” means persons who apply to the F39[Child and Family Agency] under section 37(1), and, if there is only one applicant, means that applicant.

36. Adoption committees of F40[Child and Family Agency].

36.— (1) The F40[Child and Family Agency] shall establish one or more adoption committees.

(2) The functions of an adoption committee are—

(a) to advise and assist the Authority in the performance of its functions under this Act and section 6 of the Child Care Act 1991, and

(b) to make recommendations to the Authority under section 39 concerning the issuance to applicants of declarations of eligibility and suitability.

(3) The membership of an adoption committee may include persons who are not employees of the F40[Child and Family Agency] but have special knowledge and experience related to the purposes of the committee.

(4) The F40[Child and Family Agency] may make payments to a member of an adoption committee in respect of travelling and subsistence expenses incurred by the member in relation to the business of the committee.

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

Chapter 5

37. Application to F41[Child and Family Agency] for Authority to issue declaration of eligibility and suitability.

37.— (1) F42[A person habitually resident in the State, a step parent, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple], each of whom is habitually resident in the State, may apply to the F41[Child and Family Agency] for—

(a) an assessment of eligibility and suitability in relation to himself, herself or themselves, and

(b) the issuance by the Authority of a declaration of eligibility and suitability in accordance with that assessment.

(2) An application under subsection (1) shall—

(a) be made in writing addressed to an office of the F41[Child and Family Agency],

(b) be made in conjunction with a separate application under this Act by the applicants for an adoption order or the recognition of an intercountry adoption including in the circumstances discussed in section 81, and

(c) specify which state is the habitual residence of the child the applicants propose to adopt under their separate application referred to in paragraph (b).

(3) As soon as practicable after the F41[Child and Family Agency] receives an application under subsection (1), the F41[Child and Family Agency] shall take the following steps concerning the adoption proposed under the separate application referred to in subsection (2)(b) or arrange for the steps to be taken by an accredited body:

(a) providing information, advice and counselling to the applicants;

(b) carrying out an assessment of eligibility and suitability in relation to the applicants;

(c) preparing an assessment report that conforms to paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states) and that includes—

(i) the information described in Article 15, and

(ii) a finding as to the eligibility and suitability of the applicants.

(4) As soon as practicable after preparing the assessment report referred to in subsection (3)(c), the F41[Child and Family Agency] shall refer the report to an adoption committee for the latter’s recommendation to the Authority under section 39(1).

F43[(5) A person may make an application for an adoption order in respect of a child where, at the date of the application—

(a) the person is—

(i) a spouse of a parent of the child,

(ii) a civil partner of a parent of the child, or

(iii) a cohabitant in a cohabiting couple where the other cohabitant is a parent of the child,

and

(b) the child, in respect of whom the adoption order is sought, has a home with the child’s parent and that person (in this Act referred to as a“step parent”), for a continuous period of not less than 2 years.

(6) The Authority, having regard to the particular circumstances of the case may accept an application for an adoption order in respect of a child notwithstanding that the child has not a home with the child’s parent and that step parent, for a continuous period of not less than 2 years at the date of the application.]

38. Discontinuance by applicants of proceedings for issuance of declaration of eligibility and suitability.

38.— (1) By notice delivered to the F44[Child and Family Agency] at any time after an application under section 37(1), the applicants may discontinue the proceedings that are the subject of that application, without liability for any costs of the proceedings.

F45[(2) The Child and Family Agency shall, as soon as practicable after receipt of notice undersubsection (1), give notice of the discontinuance to—

(a) the Authority,

(b) any adoption committee concerned,

(d) each relevant non-guardian of the child.]

39. Recommendation of adoption committee regarding issuance of declaration of eligibility and suitability.

39.— (1) As soon as practicable after the receipt of the assessment report referred to it under section 37(4), the adoption committee shall—

(a) consider the report, and

(b) recommend to the Authority, in writing, whether or not, under section 40, the Authority should issue a declaration of eligibility and suitability in favour of the applicants.

(2) A recommendation under subsection (1) shall contain the committee’s reasons for it.

(3) The committee shall deliver a copy of the recommendation and of the assessment report to the Authority, the F46[Child and Family Agency] and the applicants.

Chapter 6

40. Authority may issue declaration of eligibility and suitability.

40.— (1) The Authority may issue a declaration of eligibility and suitability in favour of F47[a person, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple] who have applied under this Act to the Authority for, as may be appropriate, an adoption order, or the recognition of an intercountry adoption, in relation to a child habitually resident—

(a) in the State (a domestic adoption),

(b) in another contracting state (an intercountry adoption),

(d) in the circumstances described in section 81 (an adoption in an exceptional case), in a non-contracting state that is not a party to a bilateral agreement.

(2) A declaration of eligibility and suitability may be issued only if, having considered both the assessment report prepared under section 37 and the adoption committee’s recommendation under section 39, the Authority is satisfied—

(a) that the applicant or, in the case of applicants who are F47[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them comes within the classes of persons in whose favour an adoption order may, by virtue of section 33, be made or an intercountry adoption may, by virtue of that section, be recognised, and

(b) as to the matters specified in section 34 in relation to the applicant or, in the case of applicants who are a married couple living together, each of them.

(3) When issuing a declaration of eligibility and suitability, the Authority may include in it a statement relating to the age or state of health of a child whom the Authority considers that the applicant or applicants are suited to parent.

(4) If the Authority is not satisfied as to the matters referred to in subsection (2), it may refuse to issue a declaration of eligibility and suitability in favour of F47[the person, married couple, civil partners or cohabiting couple] referred to in subsection (1), having first given him, her or them an opportunity to be heard.

(5) A declaration of eligibility and suitability is not to be issued or refused if the Authority has received an applicable notice of discontinuance under section 21 or 38.

41. Expiration of declaration of eligibility and suitability.

41.— (1) A declaration of eligibility and suitability expires after—

(a) 24 months from the date of issuance of the declaration, or

(b) a further period of not more than 12 months that the Authority may specify on application made to the Authority by the F48[person, married couple, civil partners or cohabiting couple] concerned within those 24 months.

(2) Notwithstanding subsection (1), if—

(a) during the 24 months referred to in that subsection, together with the further period, if any, specified by the Authority under that subsection, and

(b) before the making of an adoption order, or the recognition of an intercountry adoption, for which the declaration referred to in that subsection was issued,

new information about the applicant’s or applicants’ eligibility and suitability to adopt has become available or there has been a change in the relevant circumstances, the Authority, after—

(i) reconsidering the declaration of eligibility and suitability, and

(ii) giving the F48[person, married couple, civil partners or cohabiting couple] concerned, an opportunity to be heard,

may either—

(I) amend the declaration of eligibility and suitability by attaching specified conditions to it, including but not limited to a condition that the eligibility and suitability of the F48[person, married couple, civil partners or cohabiting 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.

42. Proof of declaration of eligibility and suitability.

42.— A document purporting to be—

(a) a copy of or extract from a declaration of eligibility and suitability, and

(b) certified by an officer of the Authority to be a true copy of or extract from the declaration,

shall—

(i) be received in evidence in any legal proceedings, and

(ii) until the contrary is proved, be deemed to be a true copy of or extract from the declaration and to be evidence of such declaration,

without proof of the signature of the officer of the Authority.

PART 5 Adoption Proceedings Before the Authority

43. Hearing of applications.

43.— (1) The following persons are entitled to be heard on an application for an adoption order:

(a) the applicant;

(b) the child;

(d) the father of the child or the person who believes himself to be the father;

F49[(da) any other relevant non-guardian of the child;]

F50[(e) any guardian of the child;]

(f) the person who immediately before the placing of the child for adoption had charge of or control over the child;

(g) a relative of the child;

(h) a representative of—

(i) an accredited body, or

(ii) the F51[Child and Family Agency],

which is or has been at any time concerned with the child;

(i) an employee of the Authority;

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

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

(3) The Authority, of its own initiative or on the application of an interested person, may hear the application wholly or partly in private.

(4) Where the Authority has notice of proceedings pending in any court in regard to the custody of a child in respect of whom an application is before the Authority, the Authority shall make no order in the matter until the proceedings have been disposed of.

(5) For the purposes of section 53, a reference to a person in paragraph (c)or (d) of subsection (1) of this section shall be read in so far as it applies to a child in respect of whom an adoption order is in force or who is the subject of an intercountry adoption effected outside the State that has been recognised under this Act, as a reference to the adopters or the surviving adopter under the order or intercountry adoption effected outside the State.

44. Interim orders as to custody in adoption proceedings.

44.— (1) In circumstances in which it is lawful to make an adoption order, the Authority, on application for such an order, may—

(a) adjourn the application for the adoption order, and

(b) make an interim order,

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

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

(3) After providing an opportunity to be heard to the person who has custody of the child under the interim order, the Authority may revoke the interim order.

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

(a) the person to whom custody of the child has been given, or

(b) the mother or guardian of the child.

(5) A person shall not fail or refuse to comply with a condition of an interim order made under subsection (1).

45. Re-adoption.

F52[45.—Where a child, in respect of whom an adoption order is in force or an intercountry adoption effected outside the State that has been recognised, is further placed for adoption—

(a) a further adoption order may be made in respect of the child, and

(b) for the purposes of the order, the child concerned shall be taken to be the lawful child of the adopter or adopters in whose favour the first-mentioned adoption order or intercountry adoption effected outside the State was made or recognised, as the case may be.]

46. Power to summon witnesses, etc.

46.— (1) For the purposes of any proceedings before it under this Act, the Authority may—

(a) summon witnesses to attend before it,

(b) examine on oath the witnesses attending before it, or

(2) A witness before the Authority is entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(3) A person shall not—

(a) on being duly summoned as a witness before the Authority, make default in attending, or

(b) being in attendance as a witness, refuse to—

(i) take an oath legally required by the Authority to be taken,

(ii) produce any document in the witness’s power or control legally required by the Authority to be produced by the witness, or

(iii) answer any question to which the Authority may legally require an answer.

(4) Where a witness (other than an applicant for an adoption order or for the recognition of an intercountry adoption effected outside the State) attends before the Authority in pursuance of a summons issued on the initiative of the Authority, the Authority, if it thinks fit, may pay to the witness a sum—

(a) for expenses incurred by the witness in connection with the attendance, and

(b) in accordance with a scale prescribed by the Minister, with the sanction of the Minister for Finance.

47. Service of documents.

47.— A summons, notice or other document required or authorised by or under this Act to be issued by the Authority to any person may be served by registered post.

48. Evidence.

48.— The Authority may take evidence orally or on affidavit.

49. Case stated for High Court.

49.— (1) The Authority may refer any question of law arising on an application for an adoption order or the recognition of an intercountry adoption effected outside the State to the High Court for determination.

(2) Notwithstanding subsection (1), the Authority, unless it considers a question of law arising on an application for an adoption order or the recognition of an intercountry adoption effected outside the State to be frivolous, shall refer the question of law to the High Court for determination if requested to do so by—

(a) an applicant for the order or the recognition of the intercountry adoption effected outside the State,

(b) the mother or guardian of the child, or

(3) The Authority shall refer any question in relation to public policy arising with respect to entries in the register of intercountry adoptions to the High Court for determination.

(4) Subject to rules of court, a question referred under this section to the High Court may be heard in private.

50. Relevant adoption not to be declared invalid if declaration not in child’s best interests.

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

(a) the declaration would not be in the best interests of the child concerned, and

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

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

(3) For the purposes of this section, “relevant adoption” means an adoption order, an intercountry adoption effected outside the State or an entry in the register of intercountry adoptions that relates to an intercountry adoption.

51. Orders by court as to custody of children in certain cases.

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

(a) the person or persons in whose favour the adoption order was made, or

(b) any other person or persons not being the person or persons who sought the declaration of invalidity,

the court shall not make an order in those proceedings as to the custody of the child except in accordance with subsection (2).

(2) The court may make the order referred to in subsection (1), as to the custody of the child, if—

(a) the order is sought in the proceedings referred to in subsection (1), and

(b) the court is satisfied that, by reason of—

(i) the fact that any person having custody of the child has been joined in the proceedings, and

(ii) the other circumstances of the case,

it is in the interests of justice that the question of the custody of the child should be determined in those proceedings rather than in separate proceedings.

(3) However, if the court decides, in accordance with subsection (2), to determine the question of the custody of the child, the court shall do so subject to section 3 of the Guardianship of Infants Act 1964.

(4) Notwithstanding subsection (1)—

(a) the person or persons in whose favour an adoption order is made, or

(b) any other person or persons having custody of the adopted child,

shall not, without the consent of the court, be joined or otherwise heard in any proceedings in a court in which the validity of the order is an issue.

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

(a) the identification, at the time of the submissions, of the person or persons concerned, or

(b) any other relevant matter.

PART 7 Adoption Orders in Exceptional Cases and Role of High Court

52. Interpretation (Part ).

52.— (1) In this Part, “parents”—

(a) includes a surviving parent, and

(b) in relation to a child in respect of whom an adoption order is in force or who is the subject of an intercountry adoption effected outside the State that has been recognised, means—

(i) the adopters, or

(ii) the surviving adopter,

under the order.

(2) References in this Part to—

(a) persons in whose favour the Authority has made a declaration under section 53(1), or

(b) persons applying for an adoption order,

in the case of—

(i) a declaration in favour of one person, or

(ii) an application by one person,

are references to that person.

53. Adoption orders in relation to children where High Court order under section 54 applies.

53.— (1) The Authority shall adjourn an application for an adoption order made to it and declare that it will make the adoption order if the High Court, by order under section 54(2), authorises it to do so, if—

(a) the Authority has heard—

(i) the F53[Child and Family Agency],

(ii) any persons specified in paragraphs (a) to (h) of section 43(1) who wish to be heard, and

(iii) any other person whom the Authority, in its discretion, decides to hear,

(b) but for this Part, the Authority would not have power to make the order, and

(c) it is satisfied that, if an order of the High Court under section 54 (2) were made in favour of the applicants in respect of the child concerned, it would be proper to make the adoption order.

(2) Where—

(a) a High Court order is made under section 54 (2), and

F54[(b)an appeal against the order—

(i) is not brought or the order is confirmed on appeal by the Court of Appeal, and

(ii) is not brought (whether under Article 34.5.4°or on appeal from a decision of the Court of Appeal) or the order is confirmed on appeal by the Supreme Court,]

then, subject to subsection (3), at the request of the person or persons in whose favour the High Court order was made, the Authority, notwithstanding section 23, shall make an adoption order in relation to the child to whom the High Court order applies, in favour of that person or those persons.

(3) The Authority shall not make an adoption order under subsection (2) if the Authority is satisfied that the relevant circumstances have so changed since the date of the declaration under subsection (1) that it would not be proper, having regard to this Act, to make the adoption order.

(4) Section 44 does not apply in relation to a request to the Authority for an adoption order under subsection (2).

(5) Where an adoption order is made under subsection (2) in relation to a child for whom a previous adoption order has been made, the child shall be taken, for the purposes of the first-mentioned order, to be the lawful child of the adopters under the previous order.

54. Orders by High Court authorising Authority to make adoption orders for children whose parents fail in their duty towards them.

54.— (1) Where applicants, in whose favour the Authority has made a declaration under section 53(1), request the F55[Child and Family Agency] to apply to the High Court for an order under this section—

F56[(a) if the Child and Family Agency is satisfied that every reasonable effort has been made to support the parents of the child to whom the declaration undersection 53(1)relates,]

(a) if the F55[Child and Family Agency] considers it proper to do so and an application in accordance with paragraph (b) has not been made by the applicants, the F55[Child and Family Agency] may apply to the High Court for the order, and

(b) if, within the period of 3 months from the day on which the request was given, the F55[Child and Family Agency] either—

(i) by notice in writing given to the applicants, declines to accede to the request, or

(ii) does not give the applicants a notice under subparagraph (i) of this paragraph in relation to the request but does not make an application under paragraph (a) for the order,

the applicants may apply to the High Court for the order.

F57[(2) On an application being made underparagraph (a)or(b)ofsubsection (1), the High Court by order may authorise the Authority to make an adoption order in relation to the child in favour of the applicants and to dispense with the consent of any person whose consent is necessary to the making of the adoption order.]

F58[(2A) Before making an order undersubsection (2), the High Court shall be satisfied that—

(a) for a continuous period of not less than 36 months immediately preceding the time of the making of the application, the parents of the child to whom the declaration undersection 53(1)relates, have failed in their duty towards the child to such extent that the safety or welfare of the child is likely to be prejudicially affected,

(b) there is no reasonable prospect that the parents will be able to care for the child in a manner that will not prejudicially affect his or her safety or welfare,

(c) the failure constitutes an abandonment on the part of the parents of all parental rights, whether under the Constitution or otherwise, with respect to the child,

(d) by reason of the failure, the State, as guardian of the common good, should supply the place of the parents,

(e) the child—

(i) at the time of the making of the application, is in the custody of and has a home with the applicants, and

(ii) for a continuous period of not less than 18 months immediately preceding that time, has been in the custody of and has had a home with the applicants,

and

(f) that the adoption of the child by the applicants is a proportionate means by which to supply the place of the parents.]

F59[(3) In considering an application for an order undersubsection (2), the High Court shall—

(a) have regard to the following:

(i) the rights, whether under the Constitution or otherwise, of the persons concerned (including the natural and imprescriptible rights of the child);

(ii) any other matter which the High Court considers relevant to the application,

and

and, in the resolution of any such application, the best interests of the child shall be the paramount consideration.]

(4) The High Court, of its own motion or on application to it in that behalf, may make orders—

(a) adding other persons as parties to proceedings under this section, and

(b) for the payment—

(i) of any costs, in relation to the proceedings, that are incurred by the person and are not paid by another party, if legal aid for the proceedings under any scheme operated by or on behalf of the State for the provision of legal aid has been refused, or

(ii) by the person of any costs in relation to the proceedings that are incurred by any other party.

(5) The F55[Child and Family Agency] shall be joined as a party to proceedings under subsection (1)(b).

(6) Proceedings under this section shall be heard in private.

(7) A request to the F55[Child and Family Agency] under subsection (1)—

(a) may be given by handing it, or by sending it by prepaid post, to an employee of the F55[Child and Family Agency] at its premises, and

(b) for the purposes of subsection (1)(b), is given to the F55[Child and Family Agency] on the day on which it is handed or posted to it.

55. Evidence to High Court.

55.— (1) Subject to this section, the High Court shall not make an order under section 54 (2) without having heard—

(a) the parents concerned (or either of them), and

(b) any other persons who, in the opinion of the High Court, ought to be heard by it.

(2) Where the parents concerned (or either of them), having been requested to give evidence to the High Court at the hearing of an application for an order under section 54(2), fail or fails, or refuse or refuses, to do so, the High Court may make the order if it thinks fit, notwithstanding the absence of the evidence of the parents (or either of them).

(3) Where the parents concerned (or either of them) fail or fails, or refuse or refuses, to respond to a request under subsection (2), the failure or refusal may be taken by the High Court, for the purposes of subsection (2), to be a failure or refusal by the parents (or either of them) to give evidence to the High Court at the hearing concerned.

(4) The High Court may make an order under section 54(2) if it thinks fit, notwithstanding the absence of the evidence of the parents of the child concerned (or either of them) if—

(a) the High Court is satisfied that—

(i) the identity of the parents concerned (or either of them) is not known both to the persons applying for an order under section 54 (2) and to the Authority, and

(ii) all appropriate measures have been taken to ascertain that identity, or

(b) the High Court is satisfied that—

(i) the whereabouts of the parents concerned (or either of them)—

(I) at the time of the making of the application for the order, and

(II) during the 12 months immediately preceding that time,

are not known to the parties making the application and are not known to the Authority, and

(ii) all appropriate measures have been taken to ascertain those whereabouts.

(5) If the High Court is satisfied that the parents concerned (or either of them) are incapable by reason of mental infirmity of giving reliable evidence to the High Court on the hearing of an application under paragraph (a) or (b) of section 54(1), the High Court may—

(a) dispense with the evidence of the parents (or either of them), and

(b) make the order under section 54(2) notwithstanding the absence of that evidence.

56. Court costs.

56.— (1) The F60[Child and Family Agency] shall pay to the parents of the child concerned, in respect of any costs—

(a) that are incurred by them in relation to an application under section 54(1) or F61[an appeal to the Court of Appeal or the Supreme Court, as the case may be,] against the making of, or the refusal to make, an order under section 54(2),

(b) that are not paid by another party to the proceedings, and

(c) in relation to which, legal aid under any scheme for the provision of legal aid operated by or on behalf of the State has been refused,

either, as may be specified by the Court—

(i) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or

(ii) such amount as, in the opinion of the F60[Child and Family Agency] and those parents, would be equal to the amount, as may be specified, of those costs or of a part so specified of them, if they were taxed by a Taxing Master of the High Court.

(2) Where—

(a) any costs of another party to the proceedings in relation to the application under section 54(1) or the appeal are ordered by F61[the High Court, the Court of Appeal or the Supreme Court] to be paid by the parents of the child concerned, and

(b) legal aid in respect of those costs under any scheme for the provision of legal aid operated by or on behalf of the State has been refused,

the F60[Child and Family Agency] shall pay to that other party, in respect of those costs either, as may be specified by the High Court or the Supreme Court—

(i) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or

(ii) such amount as, in the opinion of the F60[Child and Family Agency] and that other party, would be equal to the amount, as may be so specified, of those costs or of a part so specified of them, if they were taxed by a Taxing Master of the High Court.

(3) Where, on an application under section 54 (1) (b)—

(a) the High Court makes an order under section 54 (2) and either—

F61[(i) an appeal against the order—

(I) is not brought or the order is confirmed on appeal by Court of Appeal, and

(II) is not, brought (whether under Article 34.5.4°or on appeal from a decision of the Court of Appeal) or the order is confirmed on appeal by the Supreme Court, or

(ii) the High Court refuses to make an order under section 54(2) but, following an appeal to the Court of Appeal or the Supreme Court, as the case may be, the order is made, and]

(b) legal aid for the persons bringing the application under any scheme operated by or on behalf of the State for the provision of legal aid has been refused,

the F60[Child and Family Agency] shall pay to the persons bringing the application, for any costs incurred by them in relation to—

(i) the application, or

(ii) the application and the appeal,

that are not paid by another party to the proceedings either, F61[as may be specified by the High Court, the Court of Appeal or the Supreme Court]—

(I) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or

(II) such amount as, in the opinion of the F60[Child and Family Agency] and those persons, would be equal to the amount, as may be specified, of those costs or of a part so specified of them if they were taxed by a Taxing Master of the High Court.

PART 8 Effects of Adoption orders and of State Recognition of Intercountry Adoptions

57. Recognition and effects of intercountry adoption effected outside State.

57.— (1) In this section, “competent authority” includes a person serving in another state in the capacity of a competent authority for the purposes of an intercountry adoption effected outside the State.

(2) Subject to subsections (3) and (4), an intercountry adoption effected outside the State that—

(a) if effected at any time before the establishment day—

(i) is an adoption that, at that time, conformed to the definition of “foreign adoption” in section 1 of the Adoption Act 1991, and

(ii) has been certified under a certificate issued by the competent authority of the state of the adoption as having been effected under and in accordance with the law of that state, or

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

(i) in the case of an adoption referred to in paragraph (b) of the definition of “intercountry adoption effected outside the State” in section 3(1), as having been effected by an adopter or adopters who were habitually resident in that state at the time of the adoption under and in accordance with the law of that state, and

(ii) in any other case, as having been effected in accordance with the Hague Convention or with a bilateral agreement or with an arrangement referred to in section 81, as the case may be,

unless contrary to public policy, is hereby recognised, and is deemed to have been effected by a valid adoption order made on the later of the following:

(I) the date of the adoption;

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Adoption Act 2010

PART 1 Preliminary and General Matters

1. Short title.

2. Commencement.

3. Interpretation.

4. References to making arrangements for adoption.

5. Supplemental provisions to section 4 in relation to certain intercountry adoptions.

6. Establishment day.

7. Repeals and revocations.

8. Expenses.

PART 2 Legal Effect of Hague Convention

9. Hague Convention to have force of law.

10. Explanatory report.

PART 3 Placement for Adoption

Chapter 1

11. Interpretation (Part 3).

Chapter 2

12. Visits and enquiries pertaining to adoptions.

13. Restriction on placing child for adoption.

14. Explanation to mother or guardian as to effect of adoption.

15. Care of child pending placement.

16. Right of father who wishes to be consulted.

17. Pre-placement consultation procedure.

18. Where father not consulted.

18A. F19[No pre-placement consultation required

PART 4 Domestic Adoptions and Intercountry Adoptions

Chapter 1

19. Welfare of child.

20. Authority’s power to make adoption order or recognise intercountry adoption effected outside State.

21. Discontinuance of proceedings for adoption order or for recognition of intercountry adoption effected outside State.

22. Contribution by F25[Child and Family Agency] towards adoption expenses.

23. Children who may be adopted.

24. Exception if child older than 7 years.

25. Correction of adoption order.

Chapter 2

26. Consents to adoption orders.

27. Information for persons about consenting to adoption orders.

28. Validity of consent.

29. Enquiries on behalf of Authority.

30. Consultation with father.

31. High Court may give custody of child to prospective adopters and authorise dispensing with consent to adoption.

32. Religion.

Chapter 3

33. Persons eligible for adoption order or recognition of intercountry adoption effected outside State.

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

Chapter 4

35. Applicants defined.

36. Adoption committees of F40[Child and Family Agency].

Chapter 5

37. Application to F41[Child and Family Agency] for Authority to issue declaration of eligibility and suitability.

38. Discontinuance by applicants of proceedings for issuance of declaration of eligibility and suitability.

39. Recommendation of adoption committee regarding issuance of declaration of eligibility and suitability.

Chapter 6

40. Authority may issue declaration of eligibility and suitability.

41. Expiration of declaration of eligibility and suitability.

42. Proof of declaration of eligibility and suitability.

PART 5 Adoption Proceedings Before the Authority

43. Hearing of applications.

44. Interim orders as to custody in adoption proceedings.

45. Re-adoption.

46. Power to summon witnesses, etc.

47. Service of documents.

48. Evidence.

49. Case stated for High Court.

PART 6 Related Court Proceedings

50. Relevant adoption not to be declared invalid if declaration not in child’s best interests.

51. Orders by court as to custody of children in certain cases.

PART 7 Adoption Orders in Exceptional Cases and Role of High Court

52. Interpretation (Part ).

53. Adoption orders in relation to children where High Court order under section 54 applies.

54. Orders by High Court authorising Authority to make adoption orders for children whose parents fail in their duty towards them.

55. Evidence to High Court.

56. Court costs.

PART 8 Effects of Adoption orders and of State Recognition of Intercountry Adoptions

57. Recognition and effects of intercountry adoption effected outside State.