Legalize / Ireland / Act

Adoption Act 2010

Type Act

Publication 2010-07-14

Last updated 2024-11-13

State In force

Text Latest available text

Source Irish Statute Book

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articles 232

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

37 amending acts · 2024-11-13, FAMILY COURTS ACT 2024

Act to provide for the dissolution of An Bord Uchtála and the establishment of a body to be known in the Irish language as Údarás Uchtála na hÉireann or in the English language as the Adoption Authority of Ireland; to provide for matters relating to the adoption of children; to give the force of law to the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption signed at the Hague on 29 May 1993; to provide for the making and recognition of intercountry adoptions in accordance with bilateral agreements and with other arrangements; to provide for the recognition of certain adoptions effected outside the State; to repeal the Adoption Acts 1952 to 1998; and to make consequential amendments to other Acts

Reform history JSON API

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

(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;

(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

(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 Contraventions and Non-Compliance Other than as Provided in Other Parts

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,

(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 Offences and Penalties

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, 17 or 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;

(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

(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 5 are 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,

(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 of section 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”,

“(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”,

(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.— 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”,

(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;

(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.

SCHEDULE 1 Repeals and Revocations

Section 7.

PART 1 Acts Repealed


Number and Year (1)	Short title (2)	Extent of Repeal (3)
No. 25 of 1952	Adoption Act 1952	The whole Act.
No. 2 of 1964	Adoption Act 1964	The whole Act.
No. 24 of 1974	Adoption Act 1974	The whole Act.
No. 29 of 1976	Adoption Act 1976	The whole Act.
No. 30 of 1988	Adoption Act 1988	The whole Act.
No. 14 of 1991	Adoption Act 1991	The whole Act.
No. 10 of 1998	Adoption Act 1998	The whole Act.
No. 3 of 2004	Civil Registration Act 2004	Sections 31 to 35.

PART 2 Statutory Instruments Revoked


Title	Statutory Instrument Number	Extent of Revocation
(1)	(2)	(3)
Adoption Rules 1988	S.I. No. 304 of 1988	The whole Rules.
Adoption Rules 1990	S.I. No. 170 of 1990	The whole Rules.
Adoption Rules 1991	S.I. No. 247 of 1991	The whole Rules.
Adoption Regulations 1993	S.I. No. 254 of 1993	The whole Regulations.
Adoption Rules 1996	S.I. No. 223 of 1996	The whole Rules.
Adoption Rules 1999	S.I. No. 315 of 1999	The whole Rules.

SCHEDULE 2

Section 3(1) (definition of “Hague Convention”) and section 3(2).

Text of Hague Convention

Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption

(Concluded 29 May 1993)

(Entered into force 1 May 1995)

The States signatory to the present Convention,

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,

Recalling that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin,

Recognizing that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin,

Convinced of the necessity to take measures to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in children,

Desiring to establish common provisions to this effect, taking into account the principles set forth in international instruments, in particular the United Nations Convention on the Rights of the Child, of 20 November 1989, and the United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (General Assembly Resolution 41/85, of 3 December 1986),

Have agreed upon the following provisions—

CHAPTER I

Scope of the Convention

Article 1 — Objects.

The objects of the present Convention are—

(a) to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law;

(b) to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children;

Article 2 — Application of convention.

(1) The Convention shall apply where a child habitually resident in one Contracting State (“the State of origin”) has been, is being, or is to be moved to another Contracting State (“the receiving State”) either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.

(2) The Convention covers only adoptions which create a permanent parent-child relationship.

Article 3 — When Convention ceases to apply.

The Convention ceases to apply if the agreements mentioned in Article 17, sub-paragraph c, have not been given before the child attains the age of eighteen years.

CHAPTER II

Requirements for Intercountry Adoptions

Article 4 — When adoption may take place.

An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin—

(a) have established that the child is adoptable;

(b) have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child’s best interests;

(1) the persons, institutions and authorities whose consent is necessary for adoption, have been counselled as may be necessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin,

(2) such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing,

(3) the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and

(4) the consent of the mother, where required, has been given only after the birth of the child; and

(a) have ensured, having regard to the age and degree of maturity of the child, that—

(1) he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required,

(2) consideration has been given to the child’s wishes and opinions,

(3) the child’s consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and

(4) such consent has not been induced by payment or compensation of any kind.

Article 5 — Further to when adoption may take place.

An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State—

(a) have determined that the prospective adoptive parents are eligible and suited to adopt;

(b) have ensured that the prospective adoptive parents have been counselled as may be necessary; and

CHAPTER III

Central Authorities and Accredited Bodies

Article 6 — Designation and appointment of Central Authorities.

(1) A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.

(2) Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

Article 7 — Co-operation among Central Authorities.

(1) Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.

(2) They shall take directly all appropriate measures to—

(a) provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms;

(b) keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application.

Article 8 — No improper financial or other gain in adoption.

Central Authorities shall take, directly or through public authorities, all appropriate measures to prevent improper financial or other gain in connection with an adoption and to deter all practices contrary to the objects of the Convention.

Article 9 — Duty of Central Authorities to take appropriate measures.

Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to—

(a) collect, preserve and exchange information about the situation of the child and the prospective adoptive parents, so far as is necessary to complete the adoption;

(b) facilitate, follow and expedite proceedings with a view to obtaining the adoption;

(d) provide each other with general evaluation reports about experience with intercountry adoption;

(e) reply, in so far as is permitted by the law of their State, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation.

Article 10 —Accreditation only to competent bodies.

Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.

Article 11 — Requirements for accredited bodies.

An accredited body shall—

(a) pursue only non-profit objectives according to such conditions and within such limits as may be established by the competent authorities of the State of accreditation;

(b) be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption; and

(c) be subject to supervision by competent authorities of that State as to its composition, operation and financial situation.

Article 12 — When accredited body in one contracting state may act in another.

A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorized it to do so.

Article 13 — Communication of Central Authorities designations to Permanent Bureau of Hague Conference on Private International Law.

The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.

CHAPTER IV

Procedural Requirements in Intercountry Adoption

Article 14 — Application for adoption to Central Authority.

Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence.

Article 15 — Report by Central Authority of receiving State.

(1) If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care.

(2) It shall transmit the report to the Central Authority of the State of origin.

Article 16 — Report by Central Authority of State of origin.

(1) If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall—

(a) prepare a report including information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child;

(b) give due consideration to the child’s upbringing and to his or her ethnic, religious and cultural background;

(d) determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.

(2) It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.

Article 17 — When State of origin may entrust child to prospective adoptive parents.

Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if—

(a) the Central Authority of that State has ensured that the prospective adoptive parents agree;

(b) the Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin;

(d) it has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorized to enter and reside permanently in the receiving State.

Article 18 — Central Authorities to obtain permissions for child to leave state of origin.

The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.

Article 19 — Requirements for transfer of child to receiving State.

(1) The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.

(2) The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.

(3) If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.

Article 20 — Central authorities to keep each other informed.

The Central Authorities shall keep each other informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required.

Article 21 — Measures by Central Authority for child protection after transfer to receiving State.

(1) Where the adoption is to take place after the transfer of the child to the receiving State and it appears to the Central Authority of that State that the continued placement of the child with the prospective adoptive parents is not in the child’s best interests, such Central Authority shall take the measures necessary to protect the child, in particular—

(a) to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care;

(b) in consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents;

(2) Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken under this Article.

Article 22 — Performance of Central Authority functions by public authorities and accredited bodies.

(1) The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State.

(2) Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or persons who—

(a) meet the requirements of integrity, professional competence, experience and accountability of that State; and

(b) are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.

(3) A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these bodies and persons.

(4) Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 1.

(5) Notwithstanding any declaration made under paragraph 2, the reports provided for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1.

CHAPTER V

Recognition and Effects of the Adoption

Article 23 — Recognition of adoption certified by competent authority of State of adoption.

(1) An adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognized by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub-paragraph (c), were given.

(2) Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities.

Article 24 — Refusal of recognition of adoption in Contracting State if against public policy.

The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.

Article 25 — Special provision for Article 39 adoptions.

Any Contracting State may declare to the depositary of the Convention that it will not be bound under this Convention to recognize adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.

Article 26 — Matters included in recognition of adoptions.

(1) The recognition of an adoption includes recognition of

(a) the legal parent-child relationship between the child and his or her adoptive parents;

(b) parental responsibility of the adoptive parents for the child;

(c) the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.

(2) In the case of an adoption having the effect of terminating a pre-existing legal parent-child relationship, the child shall enjoy in the receiving State, and in any other Contracting State where the adoption is recognized, rights equivalent to those resulting from adoptions having this effect in each such State.

(3) The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption.

Article 27 — Conversion of adoptions in State of origin to adoptions terminating pre-existing legal parent-child relationships.

(1) Where an adoption granted in the State of origin does not have the effect of terminating a pre-existing legal parent-child relationship, it may, in the receiving State which recognizes the adoption under the Convention, be converted into an adoption having such an effect—

(a) if the law of the receiving State so permits; and

(b) if the consents referred to in Article 4, sub-paragraphs (c) and (d), have been or are given for the purpose of such an adoption.

(2) Article 23 applies to the decision converting the adoption.

CHAPTER VI

General Provisions

Article 28 — Certain laws of States of origin not affected by Convention.

The Convention does not affect any law of a State of origin which requires that the adoption of a child habitually resident within that State take place in that State or which prohibits the child’s placement in, or transfer to, the receiving State prior to adoption.

Article 29 — Conditions respecting contact with prospective adoptive parents.

There shall be no contact between the prospective adoptive parents and the child’s parents or any other person who has care of the child until the requirements of Article 4, sub-paragraphs (a) to (c), and Article 5, sub-paragraph (a), have been met, unless the adoption takes place within a family or unless the contact is in compliance with the conditions established by the competent authority of the State of origin.

Article 30 — Protecting information concerning child’s origin.

(1) The competent authorities of a Contracting State shall ensure that information held by them concerning the child’s origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.

(2) They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.

Article 31 — Limitation on use of personal data.

Without prejudice to Article 30, personal data gathered or transmitted under the Convention, especially data referred to in Articles 15 and 16, shall be used only for the purposes for which they were gathered or transmitted.

Article 32 — No improper financial or other gain in intercountry adoption.

(1) No one shall derive improper financial or other gain from an activity related to an intercountry adoption.

(2) Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid.

(3) The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.

Article 33 — Duty of competent authority concerning respect for Convention.

A competent authority which finds that any provision of the Convention has not been respected or that there is a serious risk that it may not be respected, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measures are taken.

Article 34 — Right to certified translation of a document and its cost.

If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents.

Article 35 — Competent authorities to act expeditiously.

The competent authorities of the Contracting States shall act expeditiously in the process of adoption.

Article 36 — Where State has two or more systems of law in different territorial units.

In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units—

(a) any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;

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