Adoption Act 2010

as soon as practicable after copies of the report are laid before the Houses of the Oireachtas.

118. Information to be furnished to Minister and Authority’s discretion to publish other reports.

118.— (1) The Authority, whenever requested by the Minister, shall furnish to the Minister any information that the Minister may require relating to the policies and activities of the Authority.

(2) The Authority, as it considers relevant and appropriate, may publish reports in addition to the annual report on matters related to the Authority’s activities and functions.

119. Prohibition against unauthorised disclosure of confidential information.

119.— (1) In this section “confidential information” means—

(a) information that is expressed by the Authority to be confidential either as regards particular information or as regards information of a particular class or description, or

(b) proposals of a commercial nature or tenders submitted to the Authority by any person.

(2) Except in the circumstances specified in subsection (3), a person shall not disclose confidential information obtained while performing functions as—

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

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

(c) a person engaged by the Authority as an adviser, or

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

(3) A person does not contravene subsection (2) by disclosing confidential information if the disclosure—

(a) is made to or authorised by the Authority,

(b) is made to the Minister by or on behalf of the Authority or in compliance with this Act, or

(c) is required by law.

120. Disqualification resulting from membership of either House of the Oireachtas, European Parliament or local authority.

120.— The chief executive officer immediately ceases to hold office on—

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

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

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

(d) becoming a member of a local authority.

121. Secondment of employees resulting from membership of either House of Oireachtas, European Parliament or local authority.

121.— (1) An employee of the Authority (other than the chief executive officer) is immediately seconded from employment with the Authority on—

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

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

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

(d) becoming a member of a local authority.

(2) No remuneration or allowances are payable by the Authority in respect of the secondment period from employment under subsection (1) and that period is not to be counted as service with the Authority for the purposes of any superannuation benefit.

(3) In relation to a person seconded under subsection (1) from employment, the secondment period begins on the occurrence of the relevant event referred to in that subsection and ends when the person ceases to be a member of either House of the Oireachtas, a member of the European Parliament or a member of a local authority, as the case may be.

Chapter 5

122. Employees of Authority.

122.— (1) The Authority, subject to subsections (2) and (3), may appoint persons to be the Authority’s employees and may determine their duties.

(2) Employees appointed under this section shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

(3) Subsection (2) does not apply to employees appointed under this section during the 3 months beginning on the establishment day or during a shorter period that the Minister may specify.

(4) The Authority, with the approval of the Minister given with the consent of the Minister for Finance, shall determine—

(a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, and

(b) the grades of the employees of the Authority and the numbers of employees in each grade.

(5) A person is not eligible for appointment as an employee of the Authority if the person is—

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

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

(c) a member of a local authority.

(6) The remuneration and allowances of the Authority’s employees are payable by the Authority to the employees out of funds at the Authority’s disposal.

123. Superannuation.

123.— (1) In this section, “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

(2) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such employees of the Authority as it may think fit.

(3) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different terms may be fixed in respect of different classes of persons.

(4) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(5) A scheme submitted by the Authority under this section, if approved by the Minister with the consent of the Minister for Finance, shall be carried out by the Authority in accordance with the terms of the scheme.

(6) No superannuation benefit shall be granted by the Authority, nor shall any other arrangements be entered into by the Authority for the provision of such a benefit, to or in respect of an employee, otherwise than—

(a) in accordance with a scheme under this section, or

(b) with the consent of the Minister and the Minister for Finance.

(7) Each scheme made under this section shall make provision for appeals.

(8) The terms and conditions governing superannuation benefits granted under schemes made under this section to persons who transferred to the Authority under section 137 shall be no less favourable than those terms and conditions to which those persons were entitled immediately before their transfer.

(9) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the Authority under section 137—

(a) the benefit shall be calculated by the Authority in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the transfer, and

(b) the person’s pensionable service with the Authority shall be aggregated with the person’s previous pensionable service and the benefit, as so calculated, shall be paid by the Authority.

(10) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to anything done previously.

124. Advisers.

124.— (1) The Authority, with the approval of the Minister given with the consent of the Minister for Finance, may engage such advisers as the Authority considers necessary for the performance of its functions.

(2) Any fees due to an adviser engaged under this section are payable by the Authority out of funds at the Authority’s disposal.

PART 13 Registration of Accredited Bodies

Chapter 1

125. Restrictions on making arrangements for adoption.

125.— (1) A person shall not—

(a) make or attempt to make an arrangement for the adoption of a child,

(b) for the purpose of having a child adopted—

(i) retain the child in the person’s custody, or

(ii) arrange to have the child retained in the custody of another person, or

(c) take part in the management or control of a body of persons which exists wholly or partly for the purpose of making arrangements for adoption.

(2) A person shall not give a child, or cause a child to be given, to another person for the purpose of having the child adopted unless—

(a) the first-mentioned person is a parent of the child, and

F98[(b) the person who intends to adopt the child is—

(i) a parent of the child,

(ii) a relative of the child,

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

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

(v) the cohabitant of a parent of the child, where the cohabitant and that parent are a cohabiting couple.]

F99[(3) A person shall not receive a child for the purpose of adopting the child unless the person is—

(a) a parent of the child,

(b) a relative of the child,

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

(d) the civil partner of a parent of the child,

(e) the cohabitant of a parent of the child where the cohabitant and that parent are a cohabiting couple, or

(f) a person with whom a child is placed by an accredited body or the Child and Family Agency.]

(4) Notwithstanding subsections (1) and (2), the F100[Child and Family Agency] may carry out any of the activities described in those subsections.

(5) Notwithstanding subsections (1) and (2), an accredited body may carry out any of the activities described in those subsections in respect of which the accredited body is registered in the register of accredited bodies.

(6) Notwithstanding subsection (1)(a), a person may carry out an activity described in paragraph (g), (h) or (i)of section 4 so long as that person is not also carrying out an activity described in paragraphs (a) to (f), (j) or (k) of that section or any of the activities described in section 5.

Chapter 2

126. Register of accredited bodies.

126.— (1) The Adoption Societies Register kept under section 35 of the Adoption Act 1952 by An Bord Uchtála is continued in being and, on and after the establishment day, is to be—

(a) known as the register of accredited bodies, and

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

(2) Entries in the register of accredited bodies shall be in the form and contain the particulars required under section 127.

(3) The register of accredited bodies shall be made available for inspection by any person at all reasonable times.

(4) Every document purporting to be a copy of or extract from an entry in the register of accredited bodies and purporting to be certified by the chief executive officer to be a true copy of or extract from the register of accredited bodies shall—

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

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

without proof of the signature of the chief executive officer.

127. Registration of accredited bodies.

127.— (1) Subject to this section, the Authority shall enter in the register of accredited bodies—

(a) the name of any body of persons that applies to be registered and furnishes to the Authority such information as the Authority considers necessary to determine if the body of persons is entitled to be registered,

(b) particulars of the activity or activities in respect of which the body of persons is registered, and

(c) particulars of the state or states of origin to which the registration relates in any case where the registration of the body of persons is for any such activity or activities related to the adoption or maintenance of a child whose state of origin is—

(i) another contracting state, or

(ii) a state that has a bilateral agreement with the State.

(2) The Authority shall not register in the register of accredited bodies any body of persons in respect of any activity or activities unless satisfied that the body of persons meets the requirements prescribed for the time being under section 151 in respect of that activity, those activities or any combination of those activities.

(3) The Authority may refuse to register in the register of accredited bodies any body of persons in respect of any activity or activities—

(a) if that body of persons does not meet the requirements referred to in subsection (2) that are applicable to that body of persons, or

(b) if it appears to the Authority that any person who—

(i) takes part in the management or control of the body of persons, or

(ii) is engaged on behalf of the body of persons in connection with that activity,

is not a fit and proper person to act in that regard.

(4) A body of persons that is registered in the register of accredited bodies in respect of—

(a) one or more of the activities specified in paragraphs (e) to (g) of section 4, or

(b) an activity specified in section 5 (b),

is disqualified for registration in respect of any other activity.

(5) On registering a body of persons in the register of accredited bodies, the Authority shall issue to the body of persons a certificate of registration specifying—

(a) the activity or activities for which that body of persons is registered, and

(b) if the body of persons is registered for any activity or activities specified in section 4 or 5 related to the adoption or maintenance of a child whose state of origin is—

(i) another contracting state, or

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

the state or states of origin to which the registration relates.

(6) Notwithstanding any other provision of this section, the Authority—

(a) under Article 12 (which relates to when an accredited body in one contracting state may act in another), may authorise an accredited body to act in another state, and

(b) subject to any applicable provision of a bilateral agreement, may authorise an accredited body to act in a state that has entered into a bilateral agreement with the State.

128. Renewal of registration.

128.— (1) Subject to section 130, the period of registration of an accredited body is 5 years from the date of registration.

(2) Subject to any regulations made under section 151, an accredited body may apply for renewal of registration for further periods, each of which shall not exceed 3 years.

(3) An accredited body shall furnish to the Authority such information as the Authority considers necessary to determine whether the registration of the body should be renewed.

(4) Subsections (2), (3) and (4) of section 127 apply in relation to an application for renewal of registration as those subsections apply in relation to an application for registration.

(5) A term of renewal of registration, including a renewal pursuant to an application for renewal of registration referred to in section 129, takes effect from the expiry of the previous registration.

129. Cancellation of registration for failure to apply for renewal.

129.— (1) If an accredited body does not apply for renewal of registration when it is required by section 128 to do so, the Authority shall inform the accredited body by notice in writing that its registration will be cancelled one month after the date of the notice unless an application for renewal of registration is received within that month.

(2) If the accredited body does not apply for renewal of registration within one month of the date of the notice under subsection (1), the Authority shall cancel the body’s registration.

130. Cancellation of registration for other reasons.

130.— The Authority may cancel the registration of an accredited body in respect of any or all of the activities for which it is registered if—

(a) there are grounds on which the Authority would be entitled or required to refuse an application for the registration of the accredited body,

(b) it appears to the Authority that this Act is not, or the regulations under section 151 are not, being complied with by the accredited body, or

(c) an offence under this Act is committed by the accredited body or by any person acting on its behalf.

131. Amendment of registration.

131.— The Authority may amend an entry in the register of accredited bodies relating to an accredited body if the Authority considers the amendment necessary or desirable in the circumstances.

132. Duty to notify of registration decisions.

132.— (1) Where the Authority proposes in respect of an activity to—

(a) refuse to register an applicant in the register of accredited bodies,

(b) refuse to renew the registration of an accredited body,

(c) amend the registration of an accredited body, or

(d) cancel the registration of an accredited body,

in respect of that activity, the Authority shall give written notice to the applicant or the accredited body concerned of the proposal and of the reasons for it.

(2) The notice of the Authority’s proposal shall include a statement that the applicant or accredited body concerned may make representations in writing to the Authority within 21 days of receiving the notice.

(3) The Authority—

(a) before any decision on a proposal of which notice is given under subsection (1), shall take into consideration any representations made to the Authority by the applicant or accredited body concerned within the 21 days referred to in subsection (2), and

(b) on carrying out the proposal, shall give written notice to the applicant or accredited body of the Authority’s decision and of the reasons for the decision.

(4) The notice of the Authority’s decision shall include a statement that the applicant or accredited body concerned may appeal the decision to the District Court within 21 days of receiving the notice.

133. Accredited bodies to furnish information to Authority and permit inspection of their records.

133.— An accredited body, every officer of the accredited body and every other person taking part in its management or control shall—

(a) furnish the Authority with such information as the Authority may from time to time by notice in writing require with regard to the accredited body’s constitution, membership, employees, organisation and activities, and

(b) at all reasonable times permit a member or employee of the Authority authorised by the Authority to inspect and make copies of all books and documents relating to adoption that are under the control of the accredited body.

134. Notices in Iris Oifigiúil of registration and cancellation.

134.— The Authority shall cause to be published in Iris Oifigiúil a notice in the prescribed form of every registration and cancellation of registration in the register of accredited bodies.

Chapter 3

135. Appeals from decisions relating to registration.

135.— (1) Any body of persons may appeal to the District Court against a decision of the Authority under section 132, in respect of an activity—

(a) to refuse to register in the register of accredited bodies that body of persons,

(b) to refuse to renew the registration of that body of persons in the register of accredited bodies,

(c) to amend the registration of that body of persons in the register of accredited bodies, or

(d) to cancel the registration of that body of persons in the register of accredited bodies,

in respect of that activity.

(2) The appeal shall be brought not later than 21 days after the body of persons concerned receives written notice of the decision and notice of the appeal shall be given by that body of persons to the Authority.

(3) After hearing the appeal, the District Court may—

(a) confirm the decision under appeal, or

(b) direct the Authority, as may be appropriate, in respect of the activity concerned—

(i) to register the body of persons in the register of accredited bodies,

(ii) to renew the registration of the body of persons,

(iii) to withdraw the amendment of the registration, or

(iv) to restore the cancelled registration.

(4) A decision of the District Court under this section on a matter of fact is final.

(5) The Authority is entitled—

(a) to be given notice of an appeal under this section, and

(b) to appear, be heard and adduce evidence at the hearing of the appeal.

PART 14 Dissolution of An Bord Uchtála

136. Dissolution of An Bord Uchtála.

136.— An Bord Uchtála is dissolved by this Act on the establishment day.

137. Transfer of persons to be employees of Authority.

137.— (1) In this section—

“recognised trade union or association of employees” means—

(a) a trade union, or

(b) an association of employees,

recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment;

“terms and conditions of service” includes terms and conditions in respect of tenure of office, remuneration and related matters.

(2) The Minister, in relation to civil servants serving in the Department of Health and Children and the Minister for Justice and Law Reform, in relation to civil servants serving in the Department of Justice and Law Reform, shall designate civil servants immediately before the establishment day to be transferred to the Authority on the establishment day.

(3) Staff transferred in accordance with subsection (2) are deemed to be public servants in the employment of the Authority.

(4) Save in accordance with a collective agreement negotiated with any recognised trade unions and staff associations concerned, a person who is transferred to the Authority under subsection (2) shall not, at the time of the transfer, receive pay at a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which the person was entitled or the terms and conditions of service (including those relating to tenure of office) to which he or she was subject immediately before the transfer.

(5) The previous service in the civil service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2007;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(f) the Unfair Dismissals Acts 1977 to 2007;

(g) the Maternity Protection Acts 1994 and 2004;

(h) the Parental Leave Acts 1998 and 2006;

(i) the Adoptive Leave Acts 1995 and 2005;

(j) the Carer’s Leave Act 2001;

(k) the Terms of Employment (Information) Acts 1994 and 2001.

138. Transfer of property and liabilities to Authority.

138.— (1) On the establishment day all property that, immediately before that day, was the property of An Bord Uchtála is transferred to and vested in the Authority without any conveyance or assignment.

(2) All rights and liabilities of An Bord Uchtála arising by virtue of any contract, agreement or arrangement—

(a) entered into by or on behalf of An Bord Uchtála before the establishment day, and

(b) in effect immediately before that day,

are on the establishment day transferred to the Authority.

(3) Each right and liability transferred under this section, on or after its transfer, may be sued on, recovered or enforced by or against the Authority in the Authority’s own name.

(4) The Authority need not give notice of the transfer to the person whose right or liability is transferred.

139. Preservation of contracts, etc., and adaptation of references.

139.— (1) Every contract, agreement or arrangement made between An Bord Uchtála and any other person and in force immediately before the establishment day—

(a) continues in force on and after that day,

(b) has effect as if the name of the Authority were substituted in the contract, agreement or arrangement for that of An Bord Uchtála, and

(c) is enforceable by or against the Authority.

(2) Notwithstanding subsection (1), a person who, immediately before the establishment day, has a contract, agreement or arrangement with An Bord Uchtála is entitled as of that day, without any legal consequences, to terminate the contract by notice in writing delivered to the Authority.

140. Records of An Bord Uchtála.

140.— Each record held by An Bord Uchtála immediately before the establishment day—

(a) is transferred on that day to the Authority, and

(b) on and from that day, is the property of the Authority and shall be held by the Authority.

141. Pending legal proceedings.

141.— (1) If, immediately before the establishment day, any legal proceedings to which An Bord Uchtála is a party are pending in any court or tribunal—

(a) the Authority’s name is substituted in the proceedings for that of An Bord Uchtála, and

(b) the proceedings do not abate because of the substitution.

(2) Any reference to An Bord Uchtála in an order made by a court or tribunal before the establishment day shall be read on and after the establishment day as a reference to the Authority.

142. Pending adoption proceedings.

142.— If, immediately before the establishment day, any proceedings brought by an applicant or applicants to An Bord Uchtála for an adoption order are continuing—

(a) the Authority’s name is substituted in the proceedings for that of An Bord Uchtála, and

(b) the proceedings do not abate because of the substitution.

143. References to Adoption Board in enactments made before establishment day.

143.— (1) In subsection (2), “statutory instrument” does not include an adoption order or any amendment to an adoption order.

(2) Subject to this Act, on and after the establishment day, references to An Bord Uchtála or the Adoption Board—

(a) in any Act passed before the establishment day, or

(b) in any statutory instrument made before that day under an Act,

are to be read as references to the Authority, unless the context otherwise requires.

PART 15 Offences

Chapter 1

144. Prohibition against certain advertisements.

144.— F101[(1)] A person shall not publish or cause to be published an advertisement indicating—

(a) that a parent or guardian of a child desires to have the child adopted,

(b) that a person desires to adopt a child, or

(c) that a person (not being an accredited body, the F102[Child and Family Agency] or the Authority) is willing to make arrangements for the adoption of a child.

F103[(2) In this section“guardian”includes any guardian of a child who stands appointed under the Act of 1964.]

145. Prohibition against receiving, making or giving certain payments and rewards or agreeing to do so.

145.— (1) A person who is—

(a) an adopter,

(b) a prospective adopter,

(c) a parent, or

(d) a guardian,

of a child shall not receive or agree to receive, in consideration of the adoption of the child, any payment or other reward.

(2) A person shall not make or give, or agree to make or give, any—

(a) payment, or

(b) other reward,

the receipt of which is prohibited by subsection (1).

(3) A person shall not—

(a) receive, make or give any payment or other reward, or

(b) agree to receive, make or give any payment or other reward,

in consideration of making arrangements for the adoption of a child.

(4) Subsections (2) and (3) do not apply to accredited bodies in respect of—

(a) reasonable costs and expenses related to their functions, including reasonable fees paid as remuneration for professional services, and

(b) the receipt of gifts of money with the prior approval of the Authority.

(5) This section does not apply in respect of payments made for the maintenance of a child referred to in subsection (1).

F104[(6) In this section“guardian”includes any guardian of a child who stands appointed under the Act of 1964.]

146. Prohibition against false or misleading statements or information.

146.— A person shall not—

(a) knowingly make any false or misleading statement or furnish any false or misleading information, or

(b) aid or abet another person to make any false or misleading statement or furnish any false or misleading information,

to the Authority, an accredited body or a person acting on behalf of either of them.

Chapter 2

147. Offences.

147.— (1) An accredited body is guilty of an offence if the accredited body—

(a) contravenes section 13, or

(b) fails to discharge a duty to which it is subject under section 14, 17or 18 or under a provision of the regulations referred to in section 15(1).

(2) A person is guilty of an offence if the person—

(a) contravenes section 44(5) or 119, subsection (1), (2) or (3) of section 125, subsection (1), (2)or (3)of section 145 or section 146,

(b) fails to discharge a duty to which the person is subject under subsection (1) or (2) of section 82 or section 133, or

(c) contravenes a provision of, or fails to discharge a duty to which the person is subject under a provision of, the regulations made under this Act.

(3) A person is guilty of an offence if the person contravenes section 46 (3).

(4) A person is guilty of an offence if the person fails to discharge a duty to which the person is subject under section 90 (4).

(5) A person is guilty of an offence if the person contravenes section 144.

(6) In determining for the purposes of subsection (2) whether a person has contravened section 125(1)(a), the court shall have regard to the matters set out in sections 4 and 5 and also to whether the person did any or all of the following:

(a) prepared documentation to assist any prospective adopter habitually resident in the State in complying with the adoption laws of the state of origin of the child concerned;

(b) provided assistance to any prospective adopter habitually resident in the State in relation to any legal matter that arose in the state of origin of the child concerned and relates to the effecting of the adoption in that state or to the release of that child from that state for the purpose of adoption in the State;

(c) provided assistance in transferring the child concerned to the State;

(d) carried out any other activity the purpose of which was to assist any prospective adopter habitually resident in the State in adopting the child concerned whose state of origin is another contracting state or a state that has a bilateral agreement with the State.

148. Penalties.

148.— (1) An accredited body guilty of an offence under section 147 (1) is liable on summary conviction to a fine not exceeding €5,000.

(2) A person guilty of an offence under section 147 (2) is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(3) A person guilty of an offence under section 147 (3) is liable on summary conviction to a fine not exceeding €3,000.

(4) A person guilty of an offence under section 147 (4) is liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.

(5) A person guilty of an offence under section 147 (5) is liable on summary conviction to a fine not exceeding €5,000.

149. Proceedings for offences.

149.— (1) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within 12 months from the date of the offence or, if later, 12 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person’s knowledge.

(2) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person who, when the offence was committed, was a director, a member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if guilty of the first-mentioned offence.

PART 16 Regulations

150. Regulations.

150.— (1) Subject to sections 85(5) and 89,the Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for in this Act,

(b) prescribing any matter or thing referred to in this Act as prescribed or to be prescribed, and

(c) generally for the purpose of giving effect to this Act.

(2) Regulations under this Act may contain such consequential, supplementary and ancillary provisions as the Minister of the Government making the regulations considers necessary or expedient.

151. Regulations relating to accredited bodies.

151.— (1) Without prejudice to the generality of section 150, the Minister shall make such regulations as he or she thinks appropriate for the purpose of ensuring that the activities specified in sections 4 and 5are carried on only by accredited bodies.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prescribe the form of entries in the register of accredited bodies and the particulars to be contained in such entries,

(b) prescribe requirements in respect of applications to the Authority for registration, and for renewal of registration, in the register of accredited bodies,

(c) prescribe requirements for the purpose of section 127 (2),

(d) impose on accredited bodies and their officers or employees duties to furnish to the Authority information concerning their constitutions, membership, employees, organisation and activities,

(e) prescribe the conditions and limits in accordance with which accredited bodies shall pursue only non-profit objectives, and

(f) provide for the auditing of the composition, operation and financial management of accredited bodies.

(3) The Minister shall consult with the Authority before making regulations under this section.

(4) Regulations under this section may provide differently for bodies of persons applying for registration, or for renewal of registration, in the register of accredited bodies, in relation to different categories of activities or for accredited bodies registered in respect of different categories of activities.

152. Regulations relating to register of intercountry adoptions.

152.— Without prejudice to the generality of section 150, the Minister may make regulations prescribing the form of entries in the register of intercountry adoptions and the particulars to be contained in those entries.

152A. F105[Regulations relating to register of gender recognition of intercountry adoptions

152A.—Without prejudice to the generality ofsection 150, the Minister may make regulations, prescribing the form of entries in the register of gender recognition of intercountry adoptions and the particulars to be contained in those entries and shall have regard to the need to have information contained in those entries that shall render them traceable to an entry in the register of intercountry adoptions.]

153. Regulations relating to Hague Convention.

153.— (1) Without prejudice to the generality of section 150, the Minister may make regulations for the purpose of enabling this Act and the Hague Convention to have full effect.

(2) The power conferred by subsection (1) includes power to prohibit the charging and collection of fees and other remuneration and to limit the amount of any fees or remuneration.

154. Regulations relating to transfer of child from State for adoption in receiving state.

154.— Without prejudice to the generality of section 150, the Minister may make regulations prescribing procedures for the transfer of a child to another contracting state under section 70.

155. Laying of regulations before Houses of Oireachtas.

155.— The Minister shall ensure that every regulation made by the Minister under this Part is laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either House within 21 sitting days after the day on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

PART 17 Consequential Amendments to Other Acts

156. References to adoptions, etc.

156.— (1) Every reference in any Act or in any instrument made under any Act, however expressed, to adoptions or adoption orders or adopted persons under any or all of the Adoption Acts 1952 to 1998 shall be read as a reference to adoptions or adoption orders made under this Act, or persons adopted under an adoption order made under this Act, as the case may be.

(2) Every reference in any Act or in any instrument made under any Act, however expressed, to foreign adoptions recognised by law shall be read as a reference to intercountry adoptions effected outside the State and recognised under this Act.

(3) Every reference in any Act or in any instrument made under any Act, however expressed, to a registered adoption society shall be read as a reference to an accredited body.

(4) Every reference in any Act or in any instrument made under any Act, to An Bord Uchtála shall be read as a reference to the Authority.

157. Amendment of Adoptive Leave Act 1995.

157.— The Adoptive Leave Act 1995 is amended—

(a) in section 2(1)—

(i) by inserting the following definitions:

“ ‘accredited body’ means a body of persons whose name is entered in the register of accredited bodies maintained under Part 13 of the Adoption Act 2010;

‘adoption order’ means an adoption order within the meaning of section 3 (1) of the Adoption Act 2010;

‘Authority’ has the meaning assigned to it by section 3 (1) of the Adoption Act 2010;”,

(ii) by substituting the following for the definition of “foreign adoption” :

“ ‘foreign adoption’ means an intercountry adoption effected outside the State within the meaning of section 3(1) of the Adoption Act 2010;”, and

(iii) by deleting the definition of “registered adoption society”,

(b) in section 7(2), by substituting the following for paragraph (c)(i):

“(c) (i) having caused her employer to be supplied with a copy of an applicable ‘declaration of eligibility and suitability’ (within the meaning of section 3 (1) of the Adoption Act 2010) before the expected day of placement, if not already supplied, and”,

(c) in section 8(6), by substituting the following for paragraph (b):

“(b) having caused her employer to be supplied with a copy of an applicable instrument, prepared by or on behalf of the Central Authority of the state of the adoption, that is equivalent to a ‘declaration of eligibility and suitability’ (within the meaning of section 3 (1) of the Adoption Act 2010).”,

(d) in section 9(2)(c), by substituting the following for subparagraph (ii)(I);

“(I) causing his employer to be supplied with a copy of an applicable instrument, prepared by or on behalf of the Central Authority of the state of the adoption, that is equivalent to a ‘declaration of eligibility and suitability’ (within the meaning of section 3 (1) of the Adoption Act 2010) as soon as reasonably practicable but not later than 4 weeks after the commencement of the leave, and”,

(e) in section 11(2), by substituting the following for paragraph (b):

“(b) causing his employer to be supplied with a copy of an applicable instrument, prepared by or on behalf of the Central Authority of the state of the adoption, that is equivalent to a ‘declaration of eligibility and suitability’ (within the meaning of section 3 (1) of the Adoption Act 2010) as soon as reasonably practicable but not later than 4 weeks after the commencement of the leave, and”,

and

(f) in F106[section 13]—

(i) in subsections (1)(b), (2) and (6), by substituting “accredited body” for “registered adoption society” wherever occurring, and

(ii) in subsections (6), (7) and (8), by substituting “the Authority” for “An Bord Uchtála” wherever occurring.

158. Amendment of Child Care Act 1991.

158.— The Child Care Act 1991 is amended—

(a) in section 6, by substituting the following for subsections (1) and (2):

“(1) The F107[Child and Family Agency] shall provide, or ensure the provision of, a service for the adoption of children in accordance with the Adoption Act 2010.

(2) For the purposes of this section, the F107[Child and Family Agency] may enter into arrangements with an accredited body within the meaning of section 3 (1) of the Adoption Act 2010.”,

(b) in section 23O, by substituting the following for paragraph (g) of the definition of “private foster care arrangement”:

“(g) is placed for adoption under an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or is the subject of an intercountry adoption effected outside the State recognised by that Act,”,

(c) in section 23V(1), by substituting “an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State recognised by that Act” for “the Adoption Acts, 1952 to 1998”,

(d) in F108[section 23V(2)(a)], by substituting “the Adoption Act 2010” for “the Adoption Acts, 1952 to 1998”, and

(e) in section 44, by substituting the following for subsections (1) and (2):

“(1) Where a child is adopted under the Adoption Act 2010 and the child, immediately before the adoption, was being maintained in foster care by the F107[Child and Family Agency] with the adopter or adopters, the F107[Child and Family Agency], subject to—

(a) any general directions that may be given by the Minister, and

(b) any conditions that may be imposed by the F107[Child and Family Agency],

may contribute to the child’s maintenance as if the child continued to be in foster care.

(2) Where a child is adopted under the Adoption Act 2010, any care order in force in respect of the child ceases to have effect.”.

159. Amendment of Civil Registration Act 2004.

159.— The Civil Registration Act 2004 is amended—

(a) in section 2—

(i) in subsection (1)—

(I) by deleting the definitions of “adoption” and “foreign adoption”,

(II) in the definition of “event”, to delete the references to adoption and foreign adoption,

(III) by deleting paragraph (c) of the definition of “registrar”, and

(IV) by deleting paragraphs (c) and (d) of the definition of “the required particulars”,

(ii) in subsection (3)(a), by deleting “adoption, foreign adoption,”,

(b) in section 8—

(i) in subsection (1)(a), by deleting “adoptions,”,

(ii) in subsection (2), by substituting “deaths and marriages” for “deaths, marriages, adoptions and foreign adoptions”,

(iii) in subsection (4), by inserting “, including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010” after “the performance of his or her functions”,

(iv) in subsection (5), by inserting “, including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010” after “the performance of his or her functions”, and

(v) in subsection (6), by inserting “, including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010” after “such of his or her functions”,

(c) by deleting subsections (1)(c) and (5) of section 13,

(d) in section 61, by substituting the following for subsection (3):

“(3) This section does not apply to the register of stillbirths or an index to that register or an index kept under—

(a) section 22(5) of the Adoption Act 1952, or

(b) section 86 of the Adoption Act 2010.”,

(e) in section 73—

(i) in subsection (1), by substituting the following for paragraphs (f) to (h):

“(f) decrees of nullity, or

(g) any other prescribed matters.”,

(ii) in subsection (3)(a), by substituting “decree of divorce or decree of nullity” for “decree of divorce, decree of nullity or adoption” in both places where it occurs, and

(iii) in subsection (7), by substituting “decree of divorce or decree of nullity” for “decree of divorce, decree of nullity or adoption”,

(f) in the First Schedule, by deleting Parts 3 and 4, and

(g) in the Second Schedule, by deleting the references to the enactments specified in Schedule 4.

160. Amendment of section 99(1) of Defence Act 1954.

160.— Section 99(1) (as amended by section 24(2) of the Status of Children Act 1987) of the Defence Act 1954 is amended by substituting “an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State and recognised under that Act” for “the Adoption Acts, 1952 to 1976,”.

161. Amendment of section 46(1) of Freedom of Information Act 1997.

161.— The Freedom of Information Act 1997 is amended in section 46(1) (as amended by section 29 of the Freedom of Information (Amendment) Act 2003 and section 74 of the Safety, Health and Welfare at Work Act 2005), by inserting the following after paragraph (dc):

“(dd) a record held or created under the relevant statutory provisions by the Adoption Authority or an employee of the Authority, relating to or arising from the making of an adoption order or the recognition of an intercountry adoption effected outside the State, within the meaning of the Adoption Act 2010, (other than a record concerning any other functions of the Authority or the general administration of the Authority),”.

162. Amendment of section 2(1) of Guardianship of Infants Act 1964.

162.— Section 2(1) (inserted by section 4 of the Children Act 1997) of the Guardianship of Infants Act 1964 is amended by substituting the following definition for the definition of “adoption order”:

“ ‘adoption order’ means—

(a) an adoption order within the meaning of the Adoption Act 2010; or

(b) an intercountry adoption effected outside the State and recognised under that Act;

and for the time being in force;”.

163. Amendment of Married Women’s Status Act 1957.

163.— The Married Women’s Status Act 1957 is amended—

(a) in section 7(8), by substituting “a child adopted under an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act” for “adopted person (within the meaning of the Adoption Act 1952 (No. 25 of 1952)).”, and

(b) in section 8(5), by substituting “a child adopted under an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act” for “adopted person (within the meaning of the Adoption Act 1952 (No. 25 of 1952)).”.

164. Amendment of section 20(9) of Ministerial and Parliamentary Offices Act 1938.

164.— Subsection (9) of section 20 (inserted by section 15(1) of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001) of the Ministerial and Parliamentary Offices Act 1938 is amended by substituting the following for the definition of “adopted child”:

“ ‘adopted child’ means a child adopted under an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act;”.

165. Amendment of paragraph 1(2) of First Schedule to Official Languages Act 2003.

165.— Paragraph 1(2) of the First Schedule to the Official Languages Act 2003 is amended—

(a) in the Irish text, deleting “An Bord Uchtála” and by inserting “Údarás Uchtála na hÉireann” and,

(b) in the English text, deleting “An Bord Uchtála” and by inserting “Údarás Uchtála na hÉireann”.

166. Amendment of section 6A(6)(b) of Oireachtas (Allowances to Members) Act 1938.

166.— Paragraph (b) of section 6A(6) (inserted by section 1 of the Oireachtas (Allowances to Members) (Amendment) Act 1968) of the Oireachtas (Allowances to Members) Act 1938 is amended by substituting “an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or a recognition of an intercountry adoption effected outside the State within the meaning of that Act” for “an adoption order under the Adoption Act 1952”.

167. Amendment of Part II of First Schedule to Ombudsman Act 1980.

167.— The Ombudsman Act 1980 is amended—

(a) in Part II of the First Schedule, by deleting “An Bord Uchtála”, and

(b) in the Second Schedule, by inserting “Údarás Uchtála na hÉireann”.

168. Amendment of Part 2 of Schedule 1 to Ombudsman for Children Act 2002.

168.— Part 2 of Schedule 1 to the Ombudsman for Children Act 2002 is amended by deleting the following:

“The reference in the said Part I to the Department of Health and Children does not include a reference to — An Bord Uchtála.”.

169. Amendment of section 2(1) of Parental Leave Act 1998.

169.— Section 2(1) of the Parental Leave Act 1998 is amended by substituting the following for the definition of “adoption order”:

“‘adoption order’ means an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or a recognition of an intercountry adoption effected outside the State within the meaning of that Act;”.

170. Amendment of section 6(2)(b) of Prosecution of Offences Act 1974.

170.— Section 6(2)(b) of the Prosecution of Offences Act 1974 is amended by substituting “within the meaning of section 3(1) of the Adoption Act 2010 or a recognition of an intercountry adoption effected outside the State within the meaning of that Act” for “under the Adoption Acts, 1952 and 1964”.

171. Amendment of Social Welfare Consolidation Act 2005.

171.— The Social Welfare Consolidation Act 2005 is amended—

(a) in section 3(6), by substituting “an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or is the subject of an intercountry adoption effected outside the State and recognised under that Act” for “the Adoption Acts 1952 to 1998”,

(b) in each of subparagraphs (i), (ii) and (iii) of paragraph (b) of the definition of “adopting parent” in section 58(1), by substituting “an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or the recognition of an intercountry adoption effected outside the State within the meaning of that Act” for “an adoption order, or to the effecting of a foreign adoption”,

(c) in section 58(1), by deleting the definition of “foreign adoption”, and

(d) in section 82(9), by substituting “an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or the subject of an intercountry adoption effected outside the State and recognised under that Act” for “the Adoption Acts 1952 to 1998”.

172. Amendment of Status of Children Act 1987.

172.— The Status of Children Act 1987 is amended—

(a) in section 3(2), by substituting the following for paragraph (b):

“(b) In this subsection ‘adopted person’ means a person who has been adopted under an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or, where the person has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State.”,

(b) in section 27(3), by substituting “section 60 of the Adoption Act 2010 (which relates to the property rights of persons adopted under the Adoption Act 2010)” for “the provisions of section 26 of the Adoption Act 1952 (which relates to the property rights of persons adopted under the Adoption Acts, 1952 to 1976)”, and

(c) in section 27(4)(a), by substituting “section 60 (as construed in accordance with subsection (3) of this section) of the Adoption Act 2010” for “section 26 (as construed in accordance with subsection (3) of this section) of the Adoption Act 1952”.

173. Amendment of section 4A of Succession Act 1965.

173.— Section 4A (inserted by section 29 of the Status of Children Act 1987) of the Succession Act 1965 is amended by substituting the following for subsection (4):

“(4) This section is without prejudice to section 60 (which section as construed in accordance with section 27(3) of the Act of 1987 relates to the property rights of adopted persons) of the Adoption Act 2010.”.

174. Amendment of Taxes Consolidation Act 1997.

174.— The Taxes Consolidation Act 1997 is amended—

(a) in section 6(a), by substituting the following for subparagraph (ii):

“(ii) a child who is adopted under an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or the subject of an intercountry adoption effected outside the State and recognised under that Act,”,

and

(b) in Schedule 13, by substituting the following for paragraph 106:

“106. Údarás Uchtála na hÉireann.”.

175. Amendment of various other statutes.

175.— The following are amended by substituting “an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State being recognised within the meaning of that Act” for “the Adoption Act 1952 (No. 25 of 1952),” or for “the Adoption Act 1952”, as the case may be:

(a) section 13(1) of the Army Pensions Act 1959;

(b) section 47(2) of the Civil Liability Act 1961;

(c) section 7(1)(b) of the Courts of Justice and Court Officers (Superannuation) Act 1961;

(d) section 11(1) of the Irish Nationality and Citizenship Act 1956.

176. Savers.

176.— (1) An application made under the Adoption Acts to An Bord Uchtála for—

(a) an adoption order, or

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

before the establishment day that was not determined before that day shall, on that day, be deemed to be an application for an adoption order, or the recognition of an intercountry adoption effected outside the State, as the case may be, under this Act and this Act shall apply to the application accordingly.

(2) An application made under the Adoption Acts by a person or persons for an assessment of his, her or their eligibility and suitability to adopt a child before the establishment day that was not determined before that day shall, on that day, be deemed to be an application for such an assessment and the issuance of a declaration of eligibility and suitability under this Act and this Act shall apply to the application accordingly.

(3) If An Bord Uchtála has taken steps, before the establishment day, to satisfy itself that a person or persons were eligible or suitable to adopt a child under the Adoption Acts but has not determined the eligibility or suitability of that person or those persons before that day, the person or persons concerned shall be deemed to have made an application for an assessment of his, her or their eligibility and suitability under this Act and this Act shall apply accordingly.

(4) Anything commenced but not completed before the commencement of Part 13 by a registered adoption society (within the meaning of section 3 of the Adoption Act 1952) under the Adoption Acts may be carried on and completed by such a body of persons under this Act if the body of persons is registered in the register of accredited bodies in respect of the activity concerned.

(5) A summons, notice or other document issued or given under the Adoption Acts to any person by An Bord Uchtála before the establishment day shall, on or after that day, be regarded as a summons, notice or other document issued or given by the Authority to the person under the corresponding provision of this Act.

(6) A notice or other document sent or given under the Adoption Acts by any person to An Bord Uchtála or the F109[Child and Family Agency] before the establishment day shall, on or after that day, be regarded as a notice or other document sent or given to the Authority or the F109[Child and Family Agency], as the case may be, under the corresponding provision of this Act.