Adoption Act 2010

Type Act

Publication 2010-07-14

Last updated 2023-07-03

State In force

Source Irish Statute Book

articles 184

(II) the date on which, under section 90, the Authority enters particulars of the adoption in the register of intercountry adoptions.

(3) Subject to subsection (4), if an intercountry adoption effected outside the State that, under subsection (2), is recognised and deemed to have been effected by a valid adoption order has the effect in the state of the adoption of terminating a pre-existing legal parent-child relationship, the adoption, as of the date of the deeming under that subsection, has substantially the same effect as an adoption effected by an adoption order.

(4) If an intercountry adoption effected outside the State that, under subsection (2)is recognised and deemed to have been effected by a valid adoption order, does not have the effect in the state of the adoption of terminating a pre-existing legal parent-child relationship, the adoption, as of the date of the deeming under that subsection, has the effect, in respect of the child, of making applicable section 58(a) but not section 58(b).

58. Parental rights and duties.

F62[58.Subject tosection 58A, upon an adoption order being made, or the recognition under this Act of an intercountry adoption effected outside the State—

(a) the child concerned shall be considered, with regard to the rights and duties of parents and children in relation to each other as the child of the adopter or adopters, and

(b) with respect to the child—

(i) the mother or guardian of the child, and

(ii) every relevant non-guardian of the child,

shall, subject tosection 57, lose all parental rights and be freed from all parental duties in respect of the child.]

58A. F63[Effect of adoption where adopter is step parent of child]

F63[58A.—(1)Section 58shall not apply where the adopter of a child is a step parent of the child and, in that case, upon an adoption order being made—

(a) the child concerned shall be considered, with regard to the rights and duties of parents and children in relation to each other, as the child of—

(i) the adopter and the adopter’s spouse,

(ii) the adopter and the adopter’s civil partner, or

(iii) the adopter and the adopter’s co-habitant,

and

(b) with respect to the child—

(i) the mother or guardian, unless such mother or guardian is a person referred to insubparagraph (i), (ii)or(iii)ofparagraph (a), and

(ii) every relevant non-guardian of the child,

shall, subject tosection 57, lose all parental rights and shall be freed from all parental duties in respect of that child.

(2) Nothing in this section shall operate to affect the legal parent-child relationship of a person, being a mother or guardian secondly referred to inparagraph (b) (i), with regard to his or her child, who is the subject of the adoption order referred to insubsection (1).]

59. Subsequent marriage of birth parents.

59.— (1) Subject to subsection (2)—

(a) the validity of an adoption order in relation to a child born of parents not married to each other and the provisions of this Act in regard to the effects of the order are not affected by the subsequent marriage of F64[those parents], and

(b) the Legitimacy Act 1931 does not apply to the child unless the order is set aside.

(2) Subsection (1) does not apply where the child has been adopted by one of his or her F65[parents referred to insubsection (1)] and their subsequent marriage to each other would, apart from that subsection, legitimate the child.

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

(4) Upon the re-registration of the birth of the child under section 24 of the Civil Registration Act 2004, an tArd-Chláraitheoir shall cancel the entry in the Adopted Children Register concerned and notify the Authority accordingly.

60. Property rights.

60.— (1) In this section, “property” does not include property subject to an entailed interest under a disposition made before the date of the adoption order or the recognition of an intercountry adoption effected outside the State.

(2) Where, at any time after the making of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be, the F66[adopter or adopters], the adopted person or any other person dies intestate in respect of any real or personal property, that property shall devolve in all respects as if the adopted person were—

F67[(a) the child of the adopter or adopters]

F68[(b) subject tosection 58A, not the child of any other person.]

(3) In any disposition of real or personal property made, whether by instrument inter vivos or by will (including codicil), after the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be—

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

(b) a reference (whether express or implied) to the child or children of the adopted person’s F69[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

F70[(c) any reference (whether express or implied) to a person related to the adopted person in any degree shall be read, unless the contrary intention appears, as a reference to the person who would be related to the adopted person in that degree if the adopted person were—

(i) the child of the adopter or adopters, and

(ii) subject tosection 58A, not the child of any other person.]

(4) For the purposes of—

(a) the devolution of any property in accordance with this section, and

(b) the construction of any disposition to which subsection (2) applies,

an adopted person shall be deemed to be related to any other person being the child or adopted child of the adopters or of either of them—

F71[(i) where the adopters are a couple, within the meaning ofsubsection (7)and the other person is the child or adopted child of that couple, both persons, as brother or sister of the whole blood, and]

(ii) in any other case, as brother or sister of the half-blood.

(5) Notwithstanding any rule of law, a disposition made by will or codicil executed before the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be, shall not be treated for the purposes of this section as made after that date by reason only that the will or codicil is confirmed by a codicil executed after that date.

(6) Where an adoption order is made in respect of a person who had been previously adopted, the previous adoption shall be disregarded for the purposes of this section in relation to—

(a) the devolution of any property on the death of a person dying intestate after the date of the subsequent adoption order, and

(b) any disposition of property after that date.

F72[(7) In this section references to adopters who are a couple means adopters who are—

(a) married to each other,

(b) civil partners of each other, or

as the case may be, and any such references shall be construed as including references to adopters who were married to each other, civil partners of each other or living together as a cohabiting couple, as the case may be, at the time the adoption order concerned was made or the intercountry adoption effected outside the State concerned was recognised, as the case may be, but who are no longer married to each other, civil partners of each other or living together as a cohabiting coup le, as the case may be, at the time of the disposition of the property concerned.]

61. Stamp duty on land.

F73[61.—For the purposes of the stamp duties chargeable on conveyances or transfers of land, an adopted person, shall, subject tosection 58A, be regarded as the child of the adopter or adopters and not the child of any other person.]

62. Orders to make payment for benefit of child.

62.— Where an adoption order is made under this Act, then—

(a) any order under which F74[a parent] of the child is required to make payments specifically for the benefit of the child, and

(b) any agreement whereby F74[a parent] of the child has undertaken to make payments specifically for the benefit of the child,

ceases to have effect, but without prejudice to the recovery of any arrears due under the order or agreement at the date of the adoption order.

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

63.— (1) In this section, “foreign adoption” means a foreign adoption within the meaning of section 1 of the Adoption Act 1991.

(2) If, immediately before the establishment day, a foreign adoption described in the Adoption Act 1991 is not yet effected but is still in process as provided for under that Act—

(a) if the persons who applied under the Adoption Act 1991 had been issued with a declaration of eligibility and suitability before the establishment day, the adoption may proceed under this Act as if—

(i) it were commenced under this Act and the date of the issue of the declaration were that day,

(ii) the persons had applied under section 37 of this Act, and

(iii) section 40(1)(b) of this Act read “in another contracting state or a state that, in the opinion of the Authority, applied standards regarding the adoption concerned that accord with those in the Hague Convention”,

and

(b) in any other case,

the adoption may proceed under this Act as if it were commenced under this Act.

63A. F75[Continuation in force of certain declarations of eligibility and suitability

63A.—(1) A declaration of eligibility and suitability to whichsection 63(2)(a)applies and which—

(a) was in force on the relevant date, and

(b) specified the Russian Federation as the state to which the declaration applied,

shall be deemed to have remained in force during the period commencing on the relevant date and ending on the day immediately preceding the passing of the Adoption (Amendment) Act 2013 and shall, subject to this Act, continue in force from such passing until 31 October 2014.

(2) A declaration of eligibility and suitability which continues in force by virtue ofsubsection (1)shall not be amended undersection 41(2)to specify any state other than the Russian Federation as the state to which the declaration applies.

(3) In this section "relevant date" means, in relation to a declaration of eligibility and suitability, 31 October 2013.]

PART 9 Intercountry Adoptions

Chapter 1

64. Competent authority.

64.— The Authority is the competent authority in the State for the purposes of the Hague Convention.

65. Competent authority for certifying that adoptions accord with Hague Convention.

65.— Without prejudice to the generality of section 64, the Authority is the competent authority for the purpose of certifying—

(a) under Article 23 (which relates to the recognition of an adoption certified by the competent authority of the state of adoption), adoptions effected in the State in accordance with the Hague Convention, and

(b) under Article 27 (which relates to conversion of adoptions in the state of origin into adoptions terminating pre-existing legal parent-child relationships), the conversion of adoptions recognised in the State.

66. Role of Authority as Central Authority.

66.— (1) The Authority is designated as the Central Authority to perform in the State the functions conferred on the Central Authority under this Act or by virtue of the Hague Convention.

(2) Subject to subsection (3) and Article 22 (which relates to the performance of Central Authority functions by public authorities), the Authority may delegate in writing one or more of its functions as the Central Authority to the F76[Child and Family Agency] or such accredited bodies as the Authority may specify.

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

(a) as the Central Authority of the receiving state—

(i) issuing, in accordance with paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states), a declaration of eligibility and suitability as part of the report referred to in that Article, and

(ii) arranging the return of a child under paragraph (1)(c) of Article 21 (which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State), if the child’s interests so require;

(b) as the Central Authority of the state of origin—

(i) transmitting to the Central Authority of the receiving state the report referred to in Article 16 (which relates to reports by the Central Authorities of states of origin), proof that the necessary consents have been obtained and the reasons for the Authority’s determination concerning the placement, and

(ii) deciding, in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents), whether the child should be entrusted to prospective adopters.

67. Procedural arrangements for cases where State is receiving state.

67.— (1) For the purposes of the application of the Hague Convention in the State, subsections (2)to (5) have effect.

(2) For the purpose of Article 14 (which relates to making applications for adoption to the Central Authority), an application to adopt a child habitually resident in another contracting state is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf of those persons by the F77[Child and Family Agency] together with—

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

(b) the recommendation made under section 39,

in relation to those persons.

(3) For the purpose of Article 17 (which provides for limits on the state of origin entrusting a child to prospective adoptive parents), the approval of the Authority is required before any decision is made in the state of origin that the child should be entrusted to prospective adopters.

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

(5) Without prejudice to the functions of the F77[Child and Family Agency] under any other enactment, the F77[Child and Family Agency] shall perform on behalf of the Authority the latter’s functions as the Central Authority—

(a) in keeping the other Central Authorities informed as set out in Article 20 (which requires Central Authorities to keep each other informed), and

(b) in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph (1) of Article 21 (which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State).

68. State as receiving state: adoption orders for children placed for adoption in State.

68.— (1) Subject to subsection (2), the Authority may make an adoption order in relation to a child who—

(a) was transferred to the State from the child’s state of origin, in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents), and

(b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.

(2) The Authority may make an adoption order under subsection (1) only on the application of the prospective adopters with whom the child was placed and only—

(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and

(b) F78[where the consent of a person is necessary] and has not been given, if the High Court has made an order—

(i) under section 31(3)(b) authorising the Authority to dispense with consent as described in that provision, or

(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.

69. Conversion of certain adoptions effected in contracting states and recognised in State.

69.— (1) Subject to subsection (2), the Authority may make an adoption order for the purpose of the conversion, in accordance with Article 27 (which relates to conversion of adoptions in the state of origin to adoptions terminating pre-existing legal parent-child relationships), of a Convention adoption that does not have the effect of terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who—

(a) was transferred to the State from the child’s state of origin, in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents), and

(b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.

(2) The Authority may make an adoption order under subsection (1) only on the application of the adopters of the child and only—

(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and

(b) F79[where the consent of a person is necessary] and has not been given, if the High Court has made an order—

(i) under section 31(3)(b) authorising the Authority to dispense with consent as described in that provision, or

(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.

70. Transfer of child from State for purpose of adoption in receiving state.

70.— A child may be transferred from the State to another contracting state for the purpose of adoption in that state in accordance with the Hague Convention, but such a transfer may take place only—

(a) if the following are satisfied:

(i) Article 4 (which relates to when an adoption may take place);

(ii) Article 5 (which relates further to when an adoption may take place);

(iii) Article 15 (which relates to reports by the Central Authorities of receiving states);

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

(v) Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents);

(vi) Article 18 (which relates to Central Authorities obtaining permissions for a child to leave his or her state of origin),

(b) in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents)—

(i) the Authority decides that the child should be entrusted to the prospective adopters, and

(ii) the Central Authority of the receiving state approves that decision, and

(c) if the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.

71. Discussions relating to agreements under Article 39.

71.— (1) The Authority, with the prior consent of the Minister, may enter into discussions with any contracting state concerning—

(a) the possibility of the State entering into an agreement under paragraph (2) of Article 39 (which makes provision for international instruments on matters governed by the Hague Convention) with that contracting state, and

(b) the terms and conditions of the agreement.

(2) If the State, before or after the commencement of this section, has entered into an agreement under paragraph (2) of Article 39 with a contracting state, with a view to improving the application of the Convention in their mutual relations, the Minister shall cause the agreement to be laid before each House of the Oireachtas.

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

(4) The agreement, and any amended agreement, has the force of law from the date on which it is entered into and for so long as it is in effect.

(5) Judicial notice shall be taken of an agreement, or an amended agreement, under paragraph (2) of Article 39 (which makes provision for international instruments on matters governed by the Hague Convention).

72. Administrative arrangements with contracting states.

72.— (1) The Authority may enter into administrative arrangements with any contracting state concerning the processing of applications—

(a) made to the Authority by persons habitually resident in the State for the adoption of a child habitually resident in the contracting state, or

(b) made to the Central Authority of a contracting state by persons habitually resident in the contracting state for the adoption of a child habitually resident in the State.

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

Chapter 2

73. Discussions and agreements with non-contracting states.

73.— (1) The Authority, with the prior consent of the Minister and having regard for the principles of the Hague Convention, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that state.

(2) If the Government, before or after the commencement of this section, has entered into a bilateral agreement with a non-contracting state concerning intercountry adoption, the Minister shall cause the agreement to be laid before each House of the Oireachtas.

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

(4) Judicial notice shall be taken of a bilateral agreement, or an amended bilateral agreement, from the date on which it is laid before the Houses.

74. Administrative arrangements with states that have bilateral agreements.

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

(a) made to the Authority by persons habitually resident in the State for the adoption of a child habitually resident in that other state, or

(b) made to the Central Authority of the other state by persons habitually resident in that other state for the adoption of a child habitually resident in the State.

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

75. Role of Authority as Central Authority under bilateral agreement.

75.— (1) The Authority is designated as the Central Authority to perform in the State the functions conferred on the Central Authority by this Chapter or under a bilateral agreement.

(2) Subject to subsection (3) and any restrictions in the bilateral agreement, the Authority may delegate in writing to the F80[Child and Family Agency], or to such accredited bodies as the Authority may specify, one or more of its functions as the Central Authority under a bilateral agreement.

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

(a) as the Central Authority of the receiving state—

(i) issuing, in the circumstances described in paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states), a declaration of eligibility and suitability,

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

(iii) arranging the return of a child to his or her state of origin, if the child’s interests so require;

(b) as the Central Authority of the state of origin and in accordance with a bilateral agreement—

(i) ensuring that necessary consents have been obtained,

(ii) determining whether the envisaged placement is in the best interests of the child concerned,

(iii) transmitting to the Central Authority of the receiving state the report on the child, proof that the necessary consents have been obtained and the reasons for the Authority’s determination as to whether the envisaged placement is in the child’s best interests, and

(iv) deciding whether the child should be entrusted to prospective adopters.

76. Competent authority for certifying that adoptions accord with bilateral agreement.

76.— (1) Without prejudice to the generality of section 64, the Authority is the competent authority for the purpose of certifying—

(a) adoptions effected in the State in accordance with a bilateral agreement, and

(b) the conversion of adoptions that were effected in another state that is a party to a bilateral agreement and that are recognised in the State.

(2) A certificate of the Authority that an adoption was effected in accordance with a bilateral agreement shall specify when the Authority and the Central Authority of the other state agreed to the adoption proceeding.

77. Procedural arrangements where State is receiving state under bilateral agreement.

77.— (1) This section has effect for the purposes of the application of a bilateral agreement in the State.

(2) For the purposes of a bilateral agreement, an application to adopt a child habitually resident in another state (that is a party to the agreement) is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf of those persons by the F81[Child and Family Agency], together with—

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

(b) the recommendation made under section 39,

in relation to those persons.

(3) The approval of the Authority is required before any decision is made in the state of origin that the child should be entrusted to prospective adopters.

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

(a) the prospective adopters are eligible and suited to adopt,

(b) the prospective adopters have been counselled as may be necessary, and

(5) Without prejudice to the functions of the F81[Child and Family Agency] under any other enactment, the F81[Child and Family Agency] shall perform on behalf of the Authority the latter’s functions as the Central Authority—

(a) in keeping the other Central Authorities informed as set out in Article 20 (which relates to Central Authorities keeping each other informed), and

78. State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State.

78.— (1) Subject to subsection (2), the Authority may make an adoption order in relation to a child who—

(a) was transferred to the State from the child’s state of origin in accordance with a bilateral agreement, and

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

(2) The Authority may make an adoption order under subsection (1) only on the application of the prospective adopters with whom the child was placed and only—

(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and

(b) F82[where the consent of a person is necessary] and has not been given, if the High Court has made an order—

(i) under section 31 (3) (b) authorising the Authority to dispense with consent as described in that provision, or

(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.

(3) For the purpose of this section, Article 4 (which relates to when an adoption may take place) is applicable in respect of a bilateral agreement.

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

79.— (1) Subject to subsection (2), the Authority may make an adoption order for the purpose of the conversion, in accordance with Article 27 (which relates to conversion of adoptions in state of origin to adoptions terminating pre-existing legal parent-child relationships), of a bilateral agreement adoption that does not have the effect of terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who—

(a) was transferred to the State from the child’s state of origin in accordance with a bilateral agreement, and

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

(2) The Authority may make an adoption order under subsection (1) only on the application of the adopters of the child and only—

(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and

(b) F83[where the consent of a person is necessary] and has not been given, if the High Court has made an order—

(i) under section 31 (3) (b) authorising the Authority to dispense with consent as described in that provision, or

(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.

(3) For the purpose of this section, Article 17 (which relates to when state of origin may entrust a child to prospective adoptive parents) and Article 4 are applicable in respect of a bilateral agreement.

80. Transfer of child from State for purpose of adoption in receiving state.

80.— A child may be transferred from the State to a non-contracting state for the purpose of adoption in that state in accordance with a bilateral agreement, but such a transfer may take place only in accordance with the agreement, and, in particular, if—

(a) the requirements of the agreement as to consents to the adoption have been satisfied,

(b) the Central Authority of the receiving state has—

(i) determined that the prospective adopters are eligible and suited to adopt,

(ii) ensured that the prospective adopters have been counselled as may be necessary, and

(iii) determined that the child is or will be authorised to enter and reside permanently in the receiving state,

(c) the Authority has decided, in accordance with the agreement, that the child should be entrusted to the prospective adopters,

(d) the Central Authority of the receiving state has approved that decision, and

(e) the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.

Chapter 3

81. Exceptional case involving specific child.

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

(a) the arrangement relates to the adoption of a specific child by prospective adopters habitually resident either in the State or in the non-contracting state,

(b) a declaration of eligibility and suitability in the State, or an equivalent instrument in the non-contracting state, has been issued for the prospective adopters,

(d) the Authority is satisfied that the standards that are being or will be applied to the adoption accord with those of the Hague Convention.

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

(a) an adoption under an adoption order, or

(b) the recognition of an intercountry adoption effected outside the State,

other than the adoption or the recognition of the adoption of the specific child to whom the arrangement relates.

Chapter 4

82. Duty to inform F84[Child and Family Agency] and Authority of child’s entry.

82.— (1) Where a child enters the State for the first time after his or her adoption by adopters habitually resident in the State, they shall notify the F84[Child and Family Agency] and the Authority of the child’s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.

(2) Where a child enters the State for the purpose of being adopted in the State by prospective adopters who are habitually resident in the State, they shall notify the F84[Child and Family Agency] and the Authority of the child’s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.

PART 10 Adopted Children Register and Register of Intercountry Adoptions

Chapter 1

83. 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.

84. Adopted Children Register.

84.— (1) The Adopted Children Register maintained by an tArd-Chláraitheoir in accordance with section 22 of the Adoption Act 1952 shall, notwithstanding the repeal of that section by section 7 (1)—

(a) continue in being, and

(b) be kept and maintained by an tArd-Chláraitheoir in accordance with this Chapter.

(2) An entry shall be made in the Adopted Children Register with respect to each adopted child who is the subject of an adoption order made by the Authority.

(3) Each entry shall contain the F85[particulars, appropriate to the adoption concerned,] specified in Schedule 3.

(4) If the date of the adopted child’s birth is unknown—

(a) the Authority shall determine the probable date of birth, and

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

(5) If the Authority subsequently ascertains the actual date of the child’s birth—

(a) the determination referred to in subsection (4) shall be cancelled, and

(b) both the adoption order in respect of the child and the entry in the Adopted Children Register made under subsection (4) shall be correspondingly amended to show that actual date.

(6) The country of birth of the child shall be entered in the Adopted Children Register if the Authority, being satisfied thereof, so directs.

(7) If an adoption order is amended, the entry relating to the adoption shall be amended accordingly.

(8) If an adoption order is set aside, the entry relating to the adoption shall be cancelled.

(9) If directed to do so by the Authority, an tArd-Chláraitheoir shall correct an error in any entry in the Adopted Children Register.

(10) Evidence of an entry in the Adopted Children Register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir.

85. Index to Adopted Children Register.

85.— (1) An tArd-Chláraitheoir shall keep at his or her office an index to the Adopted Children Register.

(2) Subject to subsection (4), a person, following an application in writing, in a form standing approved by an tArd-Chláraitheoir, in that behalf to an tArd-Chláraitheoir and—

(a) on payment to him or her of the prescribed fee, may, subject to such conditions (if any) as may stand determined by an tArd-Chláraitheoir, search the index to the Adopted Children Register,

(b) on payment to him or her of the prescribed fee, shall be given by him or her—

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry specified by the person in the Adopted Children Register.

(3) Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person to him or her in that behalf in writing and—

(a) on payment to him or her of the prescribed fee, search the Adopted Children Register and the index to that Register, or

(b) on payment to him or her of the prescribed fee, give the person—

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry specified by the person in the Adopted Children Register.

F86[(4) A copy of an entry or an extract thereof, referred to insubsection (2)(b)or(3)(b)shall omit any reference to or particulars of—

(a) a personal public service number, and

(b) any previous adoption,

and“true copy”in those aforementioned provisions shall be construed accordingly.]

(5) The Minister for Social Protection may, following consultation with the Minister, by regulations under this Act specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii) or (3)(b)(iii).

86. Separate index of connections between Adopted Children Register and register of births.

86.— (1) An tArd-Chláraitheoir shall keep an index to make traceable the connection between each entry in the Adopted Children Register and the corresponding entry in the register of births.

(2) Notwithstanding section 85, the index kept under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court or of the F87[Authority, or in accordance with section 6 of the Birth Information and Tracing Act 2022.]

87. Certified copy of entry in Adopted Children Register as evidence of facts stated.

87.— A certified copy of an entry in the Adopted Children Register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora, shall be received, without further proof, as evidence of the facts stated in the certified copy, and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy.

88. Privacy of adoption records.

88.— A court shall not make an order—

(a) referred to in section 86 (2),

(b) for the discovery, inspection, production or copying of any book, document or record of the Authority (or of any extracts from any of them), or otherwise in relation to the giving or obtaining of information from any of them,

unless the court is satisfied that it is in the best interests of any child concerned to make the order.

89. Abridged certificate of entry in Adopted Children Register.

89.— (1) The Minister for Social Protection may, following consultation with the Minister, by regulations under this Act, provide for the issue by an tArd-Chláraitheoir, as respects any entry in the Adopted Children Register, of a certificate of such particulars contained in the entry as may be specified in the regulations.

(2) A certificate referred to in subsection (1) may not disclose that the person to whom the certificate relates is an adopted person.

(3) Regulations under this section may provide for the payment for a certificate referred to in subsection (1) of a fee of such amount as may be determined by the Minister for Social Protection following consultation with the Minister and with the consent of the Minister for Finance.

Chapter 2

90. Register of intercountry adoptions.

90.— (1) In this section, “competent authority” includes a person serving in another state in the capacity of a competent authority for the purposes of a bilateral agreement or an arrangement referred to in section 81.

(2) The Register of Foreign Adoptions maintained until the establishment day under section 6 of the Adoption Act 1991 by An Bord Uchtála shall, notwithstanding the repeal of that section by section 7(1), continue in being under this Act and, on and after the establishment day, shall be—

(a) known as the register of intercountry adoptions, and

(b) kept and maintained under this Act by the Authority.

(3) The following persons may apply to the Authority to enter particulars of an intercountry adoption effected outside the State in the register of intercountry adoptions:

(a) the adopted person;

(b) a person by whom the adopted person was adopted;

(4) Not later than 3 months after the date when a child first enters the State after his or her intercountry adoption in another state by parents habitually resident in the State, the adopters shall ensure that an application to the Authority is made under subsection (3) to enter particulars of the adoption in the register of intercountry adoptions.

(5) If any of the persons referred to in subsection (3) apply in accordance with this section to enter in the register of intercountry adoptions particulars of an adoption referred to in subsection (4)—

(a) where the applicant is a person mentioned in paragraph (a) or (c) of subsection (3), the application relieves both of the adopters of the duty under subsection (4), or

(b) where the applicant is one of the adopters, the application relieves the other adopter of the duty under subsection (4).

(6) An application under subsection (3) shall be accompanied by the certificate referred to in section 57 issued by the competent authority of the state of adoption.

(7) If the Authority is satisfied that the adoption is an intercountry adoption effected outside the State that complies with the requirements of this Act in relation to such an adoption, the Authority shall enter particulars of the adoption in the register of intercountry adoptions, together with a copy of the certificate referred to in section 57 concerned.

(8) If the High Court so directs under section 92(1), an entry shall be made in the register of intercountry adoptions concerning a specified intercountry adoption effected outside the State.

(9) An entry in the register of intercountry adoptions shall be in such form and contain such particulars as may be prescribed by regulations made under section 152.

(10) A person making an application to the Authority under subsection (3) is required to furnish the Authority with such information as the Authority may reasonably require and the information shall be in such form (if any) as may be specified by the Authority.

(11) An error in an entry in the register of intercountry adoptions may be corrected and, if the High Court so directs, a specified correction shall be made in the register.

91. Certified copy of entry in register of intercountry adoptions as evidence of facts stated.

91.— (1) A document purporting to be a copy, and to be certified by an employee of the Authority to be a true copy, of an entry in the register of intercountry adoptions—

(a) is evidence of the fact that the adoption to which it relates is an intercountry adoption effected outside the State and is deemed by this Act to have been effected by an adoption order made on the date specified in the copy, and

(b) shall be issued by the Authority to any person on application by him or her to the Authority in that behalf and on payment by him or her to the Authority of such fee as may be specified by the Authority with the consent of the Minister.

(2) Any requirement of law for the production of a certificate of birth is satisfied by the production of a document described in subsection (1) and certified to be a true copy of an entry in the register of intercountry adoptions in accordance with that subsection.

91A. F88[Register of gender recognition of intercountry adoptions

91A.—(1) The Authority shall establish and maintain, in the Authority, a register to be called the register of gender recognition of intercountry adoptions, for the purpose of the registration of gender recognition of intercountry adoptions.

(2) An entry in the register of gender recognition of intercountry adoptions shall be in such form and contain such particulars as may be prescribed by regulations made undersection 152A.

(3) The Authority shall keep an index to make traceable the connection between each entry in the intercountry adoptions register and the corresponding entry in the register of gender recognition of intercountry adoptions.

(4) The index kept undersubsection (3)shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

(5) A court shall not make an order referred to insubsection (4), where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interest of the child.]

91B. F89[Certified copy of entry in register of gender recognition of intercountry adoptions as evidence of facts stated

91B.—(1) Subject tosubsection (3), the Authority shall, on application by a person referred to insubsection (2), in that behalf in writing and on payment to the Authority of the prescribed fee—

(a) search the register of gender recognition of intercountry adoptions and the index to that register, or

(b) give the person—

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry in the register of gender recognition of intercountry adoptions specified by the person.

(2) The following persons may make an application to the Authority undersubsection (1):

(a) the person to whom the entry on the register of gender recognition of intercountry adoptions relates;

(b) a person who is, in relation to the person referred to inparagraph (a)—

(i) the surviving spouse or civil partner,

(ii) if no surviving spouse or civil partner, the child,

(iii) if no surviving spouse or civil partner or child, a parent, or

(iv) if no surviving spouse or civil partner, child or parent, a surviving brother or sister.

(3) A certified copy of a document referred to insubsection (1)shall not disclose the fact that the entry is contained in the register of gender recognition of intercountry adoptions.

(4) Any requirement of law for the production of a certificate of birth is satisfied by the production of a certified copy of the document described insubsection (1).

(5) Insubsection (2)"civil partner" has the same meaning as in theCivil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.]

91C. F90[Entry in register of gender recognition of intercountry adoptions

91C.—A person referred to in subparagraph (iv) ofsection 9(1)(a) of the Act of 2015 to whom a gender recognition certificate is issued by the Minister may contact the Authority and request that the particulars relating to the recognition of the gender of the person are entered in the register of gender recognition of intercountry adoptions.]

91D. F91[Cancellation or amendment of entry in register of gender recognition of intercountry adoptions

91D.—(1) The Authority, as soon as practicable following receipt of a notice undersection 14(9)(c) or15(11)(c) of the Act of 2015, shall cancel the appropriate entry in the register of gender recognition of intercountry adoptions and the index referred to insection 91A(3).

(2) The Authority, as soon as practicable following receipt of a notice undersection 16(8)(c) of the Act of 2015, shall correct the appropriate entry in the register of gender recognition of intercountry adoptions and the original entry shall be retained in the register.

(3) The Authority, following a correction of an error of an entry in the register of intercountry adoptions undersection 90(11)which corresponds to an entry in the register of gender recognition of intercountry adoptions, shall amend the appropriate entry in the second referred to register accordingly.]

Chapter 3

92. Directions of High Court in relation to entries in register of intercountry adoptions.

92.— (1) If, on application to the High Court in that behalf by a person who may make an application to the Authority under section 90(3), the High Court is satisfied that an entry with respect to an adoption in the register of intercountry adoptions should be made, cancelled or corrected, the High Court may by order, as appropriate—

(a) direct the Authority to procure the making of a specified entry in the register of intercountry adoptions,

(b) subject to subsection (2), direct the Authority to procure the cancellation of the entry concerned in the register of intercountry adoptions, or

(2) Unless satisfied that it would be in the best interests of the adopted person to do so, the High Court shall not give a direction under subsection (1) (b) based solely on the fact that, under the law of the state in which an adoption was effected, the adoption has been set aside, revoked, terminated, annulled or otherwise rendered void.

(3) Where the High Court gives a direction under subsection (1) (b), it may make orders in respect of the adopted person that appear to the High Court—

(a) to be necessary in the circumstances, and

(b) to be in the best interests of the person,

including orders relating to the guardianship, custody, maintenance and citizenship of the person.

(4) An order under subsection (3), notwithstanding anything in any other Act, applies and shall be carried out to the extent necessary to give effect to the order.

(5) If the High Court—

(a) refuses to give a direction under subsection (1)(a), or

(b) gives a direction under subsection (1)(b),

the intercountry adoption effected outside the State shall not be recognised under this Act.

(6) The High Court—

(a) may direct that notice of an application under subsection (1) shall be given by the person making the application to such other persons (including the Attorney General and the Authority) as the High Court may determine, and

(b) of its own motion or on application to it by the person concerned or a party to the application proceedings, may add any person as a party to the proceedings.

(7) The Attorney General—

(a) of his or her own motion, or

(b) if so requested by the High Court,

may make submissions to the High Court in relation to the application, without being added as party to the application proceedings.

(8) If the High Court so determines, proceedings under this section shall be heard in private.

PART 11 Proof and Registration of Intercountry Adoptions effected outside the State

93. Proof of intercountry adoptions effected outside State.

93.— (1) Documents, duly authenticated, that purport to be copies of the documents by which an intercountry adoption effected outside the State was made—

(a) are deemed without further proof to be true copies of the documents unless the contrary is shown, and

(b) are admissible as evidence of the adoption.

(2) A document purporting to be a copy of a document or of one of the documents by which an intercountry adoption effected outside the State is made shall be regarded, for the purposes of this section, as being duly authenticated if the document purports—

(a) to bear the seal of the court or other authority or the person or persons by which or by whom it was issued or executed, or

(b) to be certified—

(i) by a person in his or her capacity as a judge or officer of that court or in his or her capacity as that authority or as a member or officer of that authority, or

(ii) by the person or persons by whom it was issued or executed.

(3) The Minister, by regulations, may make provision in relation to the proof of intercountry adoptions effected outside the State and the regulations may make different provision for different states and different classes of adoptions.

(4) Where an intercountry adoption effected outside the State is made in another state, it shall be presumed, unless the contrary is shown, that it was effected under and in accordance with the law of that state.

PART 12 Adoption Authority

Chapter 1

94. Establishment of Adoption Authority.

94.— (1) On the establishment day, a body to be known as Údarás Uchtála na hÉireann or, in the English language, the Adoption Authority of Ireland is established to perform the functions assigned to it by this Act.

(2) The Authority is a body corporate with perpetual succession and may—

(a) sue and be sued in the Authority’s own name,

(b) with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of land or an interest in land, and

95. Seal of Authority.

95.— (1) The Authority shall provide itself with a seal as soon as may be after the establishment day.

(2) The seal of the Authority shall be authenticated by—

(a) the signatures of 2 members of the Authority, or

(b) the signatures of both—

(i) a member of the Authority, and

(ii) an employee of the Authority authorised by the Authority to authenticate the seal.

(3) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal of the Authority authenticated in accordance with this section, shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.

96. Functions of Authority.

96.— (1) Without prejudice to the functions assigned to the Authority under this Act or any other enactment, the functions of the Authority include the following:

(a) on and after the establishment day, performing the functions in relation to adoptions that before that day were performed by An Bord Uchtála;

(b) as specified in section 66, performing in the State the role of a Central Authority under the Hague Convention;

(d) undertaking or assisting in research projects and activities relating to adoption services;

(e) compiling statistical information and other records as to the proper planning, development and provision of those adoption services;

(f) maintaining the register of accredited bodies; F92[…]

(g) maintaining the register of intercountry F93[adoptions;]

F94[(h) maintaining the register of gender recognition of intercountry adoptions and the index referred to insection 91A(3).]

(2) The Authority has all the powers as are necessary or expedient for the performance by it of its functions.

(3) The Authority may make such enquiries as it considers necessary for the performance of its functions.

(4) The Authority shall endeavour to ensure that its adoption enquiries under this Act and adoption hearings before the Authority are conducted in a non-adversarial manner.

97. Rules.

97.— (1) The Authority, with the consent of the Minister, may make rules—

(a) respecting its procedure, and

F95[(b) governing the consultation that is required by this Act to be carried out with a relevant non-guardian (which shall include a person who believes himself to be the father) of a child before the child is placed for adoption or before an adoption order is made in respect of that child.]

(2) The Minister shall ensure that every rule made by the Authority under subsection (1) is laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the rule is passed by either House within the next 21 days on which that House has sat after the rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

98. Membership of Authority.

98.— (1) The Authority shall consist of 7 members, being the chairperson, the deputy chairperson and 5 ordinary members, appointed by the Minister in accordance with this section.

(2) A person is not eligible for appointment as chairperson or deputy chairperson unless the person—

(a) is or was, at any time during the 2 years immediately before the appointment, a Judge of the Supreme Court, F96[the Court of Appeal,] the High Court, the Circuit Court or the District Court, or

(b) is of not less than 10 years standing as a barrister or solicitor.

(3) Of the 5 ordinary members to be appointed by the Minister—

(a) one shall be a social worker with experience in adoption practice,

(b) one shall be a social worker with research expertise in child welfare, child protection or both,

(d) one shall be a medical practitioner whose name is for the time being included in a division of the register of medical practitioners referred to in paragraph (a) or (b) of subsection (2) of section 43 of the Medical Practitioners Act 2007 (as amended by the Health (Miscellaneous Provisions) Act 2007, No. 42 of 2007), and

(e) one shall be a person with appropriate training in psychology.

(4) The Minister, to the extent practicable, shall endeavour to ensure that there is an equitable balance between men and women in the membership of the Authority.

(5) Each member of the Authority shall hold office for a period which the Minister shall determine, not exceeding 5 years from the date of appointment to the office.

(6) An appointed member who completes a term of office is eligible for reappointment to the Authority, but may not serve as a member for more than 2 consecutive terms.

(7) An appointed member may resign office by letter addressed to the Minister and the resignation takes effect on the later of—

(a) the date specified in the letter, or

(b) the receipt of the letter by the Minister.

(8) If an appointed member resigns, dies, ceases to hold office (other than on completing a term of office), ceases to be qualified for office or is removed from office, the Minister as soon as practicable shall appoint a person to fill the casual vacancy so occasioned.

(9) A person appointed under subsection (8) holds office for the unexpired portion of his or her predecessor’s term of office.

(10) An appointed member, with the consent of the Authority, may vacate his or her office for a specified period of time if, in that member’s opinion, he or she has a conflict of interest in relation to a matter being considered by the Authority.

(11) The Minister may at any time remove an appointed member of the Authority from office if—

(a) in the Minister’s opinion—

(i) the member has become incapable through ill-health of performing the functions of the office,

(ii) the member has committed stated misbehaviour, or

(iii) the member’s removal from office is necessary for the Authority to perform its functions in an effective manner,

(b) the member has contravened, or failed to discharge a duty imposed by, a provision of the Ethics in Public Office Act 1995 that by a regulation made under section 3 of that Act applies to that member, or

(c) in performing functions under this Act, the member has not complied with a code of conduct under section 10(3) of the Standards in Public Office Act 2001.

(12) A person immediately ceases to be a member of the Authority if the person—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(d) is convicted of an offence involving fraud or dishonesty,

(e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act,

(f) is sentenced to a term of imprisonment by a court of competent jurisdiction, or

(g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession.

99. Membership of either House of Oireachtas, European Parliament or local authority.

99.— (1) A person is not eligible for appointment as a member of the Authority or of a committee of the Authority, if the person is—

(a) a member of either House of the Oireachtas or of the European Parliament,

(b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(2) An appointed member of the Authority or a member of a committee of the Authority immediately ceases to hold office on—

(a) being nominated as a member of Seanad Éireann,

(b) being elected as a member of either House of the Oireachtas or of the European Parliament,

(c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(d) becoming a member of a local authority.

100. Meetings of Authority.

100.— (1) The Minister, in consultation with the Authority, shall fix the date, time and place of the first meeting of the Authority.

(2) The Authority shall hold as many meetings as are necessary for performing its functions but shall hold at least 12 meetings a year.

(3) The chairperson at any reasonable time may call a meeting of the Authority.

(4) Any 4 members of the Authority may call a meeting of the Authority if the chairperson—

(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 4 members, or

(b) without refusing to call a meeting, does not call one within 7 days after being presented with the requisition.

F97[(5) Subject tosubsection (7), the members present at a meeting called undersubsection (4)shall choose one of their number to chair the meeting.]

F97[(6) The quorum for a meeting of the Authority is—

(a) the chairperson or deputy chairperson, or

(b) in the case of a meeting called undersubsection (4), and where applicable, the member chosen undersubsection (5)to chair the meeting who, for that meeting, shall be regarded as the chairperson for the purposes ofsubsections (9)and(10),

and 2 other members, one of whom may be the deputy chairperson where the chairperson or another member chosen undersubsection (5)is presiding.]

(7) The chairperson shall preside at all meetings of the Authority at which he or she is present.

(8) Each question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.

(9) In the case of an equal division of votes, the chairperson, or in the absence of the chairperson, the deputy chairperson has a second or casting vote.

(10) Each decision of the Authority shall be announced by the chairperson, the deputy chairperson or the other member authorised by the chairperson and neither the existence of nor the content of any opinion of any other member, whether assenting or dissenting, shall be disclosed.

(11) Subject to this Act, the Authority may regulate, by standing orders or otherwise, the procedures and business of the Authority.

101. Committees of Authority.

101.— (1) The Authority may—

(a) establish one or more committees to provide assistance and advice to the Authority in relation to the performance of the Authority’s functions, and

(b) determine the membership and terms of reference of each committee.

(2) Each committee—

(a) shall be chaired by a member of the Authority,

(b) may include as members persons who are not members or employees of the Authority, and

(c) consists of the chairperson of the committee and the other persons, whether members of the Authority or not, who the Authority may appoint.

(3) The Authority may regulate the procedure of each committee but, subject to any such regulation, a committee may regulate its own procedure.

(4) At any time, the Authority may—

(a) dissolve any of the committees, or

(b) remove a member of any of the committees from his or her membership.

102. Remuneration and expenses of members of Authority and committees.

102.— (1) A person—

(a) appointed as chairperson of the Authority, or

(b) who is the deputy chairperson of the Authority, in respect of any period during which he or she acts as chairperson of the Authority,

shall be paid by the Authority, out of moneys at its disposal, such remuneration and allowances for expenses as the Minister may from time to time determine with the consent of the Minister for Finance.

(2) A member of the Authority and a member of a committee of the Authority shall be paid by the Authority, out of moneys at its disposal, such remuneration and allowances for expenses as the Minister may determine with the consent of the Minister for Finance.

Chapter 2

103. Chief executive officer.

103.— (1) The Authority shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Authority.

(2) Notwithstanding subsection (1), the Minister may appoint the first chief executive officer for a term to be determined by the Minister.

(3) A person is not eligible for appointment as the chief executive officer if the person is—

(a) a member of either House of the Oireachtas or of the European Parliament,

(b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(4) The chief executive officer holds office, subject to subsection (3), on the terms and conditions (including those relating to remuneration, allowances and superannuation) to be determined by the Authority with the approval of the Minister given with the consent of the Minister for Finance.

(5) The chief executive officer, with the approval of the Minister, may be removed from office by the Authority for stated reasons.

(6) The chief executive officer may attend any meeting of the Authority or of a committee of the Authority.

104. Functions of chief executive officer.

104.— (1) The chief executive officer shall—

(a) carry on and manage and control generally the administration and business of the Authority,

(b) perform such other functions as may be assigned to him or her by or under this Act or any other enactment or as may be determined by the Authority, and

(c) provide the Authority with information (including financial information) relating to the performance of his or her functions as the Authority may require.

(2) The chief executive officer is responsible to the Authority for—

(a) the performance of the chief executive officer’s functions and the implementation of the Authority’s policies,

(b) supporting the Authority in all functions of a judicial nature conferred on the Authority by this Act,

(i) the register of accredited bodies, and

(ii) the register of intercountry adoptions.

(3) Such of the functions of the chief executive officer as he or she may specify from time to time may be performed, with the consent of the Authority, by such employee of the Authority as may be authorised by the chief executive officer.

(4) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer under this section may be performed by an employee of the Authority designated by the Authority.

105. Accountability of chief executive officer to Public Accounts Committee.

105.— (1) The chief executive officer, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, shall give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required by this Act to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in any—

(i) special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or

(ii) other report of the Comptroller and Auditor General (insofar as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of the duties of the chief executive officer under this section, the chief executive officer shall not question or express an opinion on—

(a) the merits of any policy of the Government or of a Minister of the Government, or

(b) the objectives of such a policy.

106. Accountability of chief executive officer to other Oireachtas Committees.

106.— (1) In this section, “committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(a) the Committee on Members’ Interests of Dáil Éireann,

(b) the Committee on Members’ Interests of Seanad Éireann, and

or a sub-committee of such a committee.

(2) Subject to subsection (3), the chief executive officer, at the request in writing of a committee, shall attend before it to give account for the general administration of the Authority.

(3) The chief executive officer is not required to give account before a committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(4) Where the chief executive officer is of opinion that a matter in respect of which he or she is requested to give an account before a committee is a matter to which subsection (3) applies—

(a) he or she shall inform the committee of the opinion and the reasons for it, and

(b) unless the information is conveyed to the committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.

(5) Where the chief executive officer has informed a committee of his or her opinion in accordance with subsection (4) and the committee does not withdraw the request referred to in subsection (2) insofar as it relates to a matter the subject of that opinion—

(a) the chief executive officer, not later than 21 days after being informed by the committee of its decision not to withdraw the request, may apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the chairperson of the committee, on behalf of the committee, may make such an application,

and the High Court shall determine the matter.

(6) Pending determination of an application under subsection (5), the chief executive officer shall not attend before the committee to give account for the matter that is the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the chief executive officer shall attend before the committee to give account for the matter.

(8) In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

Chapter 3

107. Directions to Authority.

107.— (1) The Minister may give general directions in writing to the Authority for any purpose in relation to the provisions of this Act, or any other enactment, and for any matter or thing referred to in this Act—

(a) as specified or to be specified, or

(b) as determined or to be determined.

(2) The Minister may direct the Authority to supply the Minister with information, reports or statistics, in the manner and within the period, both as the Minister may determine, in relation to the performance of the functions assigned by or under this Act to the Authority.

(3) The Authority shall comply with a direction under subsection (1) or (2) given by the Minister.

108. Corporate plan of Authority.

108.— (1) The Authority shall prepare, adopt and at the times specified in subsection (2), submit to the Minister for approval a corporate plan for the 3 years immediately following the date of its submission.

(2) A corporate plan shall be submitted at the following times:

(a) within 6 months of the establishment day;

(b) within 6 months of the appointment of a new Minister for Health and Children if he or she requests that a new corporate plan be submitted;

(3) The corporate plan shall be prepared in a form and manner in accordance with any direction given by the Minister and shall specify—

(a) the key objectives of the Authority for the 3 year period concerned and the strategies for achieving those objectives, and

(b) the uses to which the Authority proposes to apply its resources.

(4) In preparing the corporate plan, the Authority shall have regard to the policies of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Authority.

(5) Within 3 months of receiving a corporate plan, the Minister shall—

(a) approve the plan, or

(b) refuse to approve the plan if the plan is not amended in accordance with any directions that may be given by the Minister to the Authority.

(6) An approved corporate plan may be amended by the Minister at any time or may be amended by the Authority, but in the latter case only after—

(a) the Authority submits the proposed amendment to the Minister for approval, and

(b) the amendment is approved by the Minister.

(7) Subsections (3) to (6) apply with the necessary modifications in respect of an amendment by the Authority to an approved corporate plan.

(8) Nothing in a corporate plan is to be taken to prevent the Authority from, or to limit the Authority in, performing its functions.

(9) The Minister shall ensure that a copy of an approved corporate plan is laid before both Houses of the Oireachtas—

(a) within 21 days of the plan being approved by the Minister, and

(b) if the plan is amended under subsection (6) after being approved by the Minister, within 21 days of—

(i) in the case of an amendment made by the Minister, the making of the amendment, or

(ii) in the case of an amendment made by the Authority, the approval of the amendment by the Minister.

(10) The Authority shall ensure that, as soon as practicable after copies of an approved plan are laid before the Houses of the Oireachtas, the plan is published—

(a) on the Internet, and

(b) in accordance with such other arrangements as the Minister may specify.

(11) The Authority shall provide the Minister with a progress report on the implementation of an approved corporate plan for the Authority in the Authority’s annual report and, at the request of the Minister, at other times that the Minister may specify.

109. Grants to Authority.

109.— The Minister shall advance to the Authority out of moneys provided by the Oireachtas such sum as the Minister may, with the consent of the Minister for Finance, determine for the purposes of expenditure by the Authority in the performance of its functions.

110. Submission of business plan.

110.— (1) The Minister may, at any time before the beginning of a financial year, request the Authority to submit to the Minister a business plan for that financial year, and the Authority shall comply with such a request.

(2) A business plan shall—

(a) be prepared in the form and manner and in accordance with any directions given by the Minister,

(b) indicate the Authority’s activities for the period to which the business plan relates,

(d) contain any other information specified by the Minister, and

(e) accord with policies and objectives of the Minister and the Government.

(3) In preparing the business plan, the Authority shall have regard to the corporate plan in operation at that time approved under section 108and any direction given by the Minister under section 107.

(4) The Authority shall give effect to the business plan unless the Minister, within 30 days of the submission of the plan, directs the Authority in writing to either amend the plan or not to give effect to it.

(5) At the same time as giving a direction to the Authority under subsection (4), the Minister shall give his or her reasons in writing for the direction to the Authority.

(6) The Authority shall comply with a direction under subsection (4).

111. Code of governance.

111.— (1) As soon as practicable after the Authority is established, it shall submit to the Minister for approval a code of governance that includes an outline of—

(a) the guiding principles applicable to the Authority as a public body having the functions described in section 96,

(b) the structure of the Authority, including the role and responsibilities of the Authority and the chief executive officer,

(c) the processes and guidelines to be followed to ensure compliance with the reporting requirements imposed on the Authority by or under this Act, and

(d) the Authority’s internal controls, including its procedures relating to internal audit, risk management, public procurement and financial reporting.

(2) The Authority shall review the code of governance periodically at the times that may be specified by the Minister and shall revise the code as the Authority considers appropriate.

(3) In preparing or making revisions to the code of governance, the Authority shall have regard to any direction given by the Minister under section 107.

(4) Following the Minister’s approval of the code of governance or of any revisions to it, the Authority shall arrange for the publication of the code or the revised code.

(5) The Authority shall indicate in its annual report its arrangements for implementing and maintaining adherence to the code of governance.

112. Accounts of Authority.

112.— (1) The chief executive officer shall cause to be kept all proper and usual books or other records of account of—

(a) all income and expenditure of the Authority,

(b) the source of the income and the subject matter of the expenditure, and

(2) Without prejudice to the generality of subsection (1), the chief executive officer shall also keep such special accounts as the Minister may direct.

(3) The books, records and special accounts kept under this section shall be—

(a) kept in the form, and

(b) for the accounting periods,

that the Minister may specify, with the consent of the Minister for Finance.

(4) The accounts of the Authority prepared by the chief executive officer and approved by the Board shall be submitted to the Comptroller and Auditor General for audit not later than 3 months after the end of the financial year to which the accounts relate.

(5) Within one month of the Comptroller and Auditor General issuing an audit certificate for the accounts of the Authority, a copy of—

(a) the accounts, and

(b) the report of the Comptroller and Auditor General on the accounts,

shall be presented to the Minister who, within 2 months after their receipt, shall cause copies thereof to be laid before each House of the Oireachtas.

(6) If required by the Minister, the Authority shall furnish to the Minister the information the Minister may require in respect of any balance sheet, account or report of the Authority.

(7) The Authority, the chief executive officer and other employees of the Authority—

(a) whenever so requested by the Minister, shall permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period, and

(b) shall facilitate the examination,

and the Authority shall pay such fee as may be fixed by the Minister for the examination.

Chapter 4

113. Standards of integrity.

113.— (1) In performing functions under this or any other enactment as—

(a) a member of the Authority or a committee of the Authority,

(b) the chief executive officer or an employee of the Authority,

(d) an employee of a person referred to in paragraph (c),

a person shall maintain proper standards of integrity, conduct and concern for the public interest.

(2) Subsection (1) applies to an employee of a person referred to in subsection (1)(c) in respect only of duties of employment relating to the purposes for which the Authority has engaged that person.

114. Codes of conduct.

114.— (1) For the purposes of section 113 (1), the Authority shall issue codes of conduct for the guidance of persons who are—

(a) members of a committee of the Authority but are not members of the Authority,

(b) employees of the Authority other than employees to whom a code of conduct under section 10(3) of the Standards in Public Office Act 2001 applies,

(d) employees of persons referred to in paragraph (c).

(2) A code of conduct issued under this section for the guidance of persons referred to in subsection (1) shall indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.

(3) A person to whom the code of conduct relates is required to have regard to and be guided by the code in performing functions under this or any other enactment.

(4) The terms and conditions on which a person is employed by the Authority or by a person referred to in subsection (1) (c) or on which a person is engaged by the Authority as an adviser are deemed to include the requirements that apply to that person under subsection (3).

115. Availability of codes of conduct.

115.— (1) Subject to subsection (2), the Authority, as soon as practicable after issuing a code of conduct, shall make the code available to the persons for whose guidance it was issued.

(2) A code of conduct for the guidance of employees of a person engaged by the Authority as an adviser shall be issued by the Authority to the employer and shall be made available by the employer to those employees.

(3) In the absence of evidence to the contrary, a document purporting to be a code of conduct issued under this section—

(a) is that code of conduct, and

(b) is admissible in any proceedings before a court or other tribunal,

and any provision of the code of conduct that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by the court or tribunal in determining the question.

116. Gifts.

116.— (1) The Authority may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.

(2) The Authority shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with the Authority’s—

(a) functions, or

(b) obligations,

under this Act or any other enactment.

117. Annual report.

117.— (1) Not later than 30 June in each year, the Authority shall prepare and adopt an annual report in relation to the performance of the Authority’s functions during the immediately preceding calendar year.

(2) An annual report shall include—

(a) a statement of the activities undertaken by the Authority,

(b) a report on the implementation of the Authority’s corporate plan approved under section 108,

(d) a report on the Authority’s arrangements for implementing and maintaining adherence to its code of governance,

(e) other particulars that the Authority considers appropriate or as the Minister may specify, including but not limited to financial statements,

(f) the number of applications for adoption and the decisions of the Authority thereon,

(g) the names of the accredited bodies concerned in the applications,

(h) the number of applications for registration of accredited bodies and the decisions of the Authority thereon, and

(i) the name and address—

(i) of each of the accredited bodies entered in the register of accredited bodies, and

(ii) of each of the accredited bodies whose name was removed from the register,

during the immediately preceding year.

(3) As soon as may be, but in any event not later than 21 days after adopting the annual report, the Authority shall submit a copy of the annual report to the Minister.

(4) The Minister shall ensure that copies of the annual report are laid before each House of the Oireachtas within 21 days of the Minister receiving the report.

(5) The Authority shall ensure that the annual report is published—

(a) on the Internet, and

(b) in accordance with any other arrangements that the Minister may specify,

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