Adoption Act 2010
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
- (b) any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;
- (c) any reference to the competent authorities or to the public authorities of that State shall be construed as referring to those authorized to act in the relevant territorial unit;
- (d) any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.
Article 37 — Where State has two or more systems of law applicable to different categories of persons.
In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
Article 38 — Further in relation to State with different territorial units.
A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.
Article 39 — Provision for international instruments on matters governed by Convention.
- (1) The Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.
- (2) Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
Article 40 — No reservation to Convention.
No reservation to the Convention shall be permitted.
Article 41 — Application pursuant to Article 14 after Convention in force.
The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.
Article 42 — Regularly convening Special Commission to review Convention.
The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.
CHAPTER VII
Final Clauses
Article 43 — Special provision respecting Hague Conference on Private International Law.
- (1) The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session.
- (2) It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
Article 44 — Accession to Hague Convention.
- (1) Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1.
- (2) The instrument of accession shall be deposited with the depositary.
- (3) Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph (b) of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
Article 45 — Special provision for States with two or more territorial units.
- (1) If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
- (2) Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.
- (3) If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.
Article 46 — When Convention enters into force.
- (1) The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 43.
- (2) Thereafter the Convention shall enter into force—
- (a) for each State ratifying, accepting or approving it subsequently, or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;
- (b) for a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to in that Article.
Article 47 — Denunciation of Convention by State party to it.
- (1) A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.
- (2) The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.
Article 48 — Depositary to provide information to States members of the Hague Conference on Private International Law, et al.
The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following—
- (a) the signatures, ratifications, acceptances and approvals referred to in Article 43;
- (b) the accessions and objections raised to accessions referred to in Article 44;
- (c) the date on which the Convention enters into force in accordance with Article 46;
- (d) the declarations and designations referred to in Articles 22, 23, 25 and 45;
- (e) the agreements referred to in Article 39;
- (f) the denunciations referred to in Article 47.
In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.
Done at The Hague, on the 29th day of May 1993, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Seventeenth Session and to each of the other States which participated in that Session.
F110[SCHEDULE 3 Particulars of Adoptions to be entered in Adopted Children Register ]
F110[1. Information about the child.
- (1) Personal public service number of child.
- (2) Date and country of birth of child.
- (3) Sex of child.
- (4) Forename(s) and surname of child.
Information about the person who is (i) married to or (ii) in a civil partnership with or (iii) cohabiting with the adopter (if any).
- (1) Forename(s), surname, birth surname, address and occupation.
- (2) Former surname(s) (if any).
- (3) Date of birth.
- (4) Civil status.
- (5) Personal public service number.
Information about the adopter or adopters.
- (1) Forename(s), surname, birth surname, address and occupation.
- (2) Former surname(s) (if any).
- (3) Date of birth.
- (4) Civil status.
- (5) Personal public service number.
Information about previous adoption (if any).
- (1) Date of previous adoption.
- (2) Country of previous adoption.
- (3) Reference number from relevant adoption register.
Other information.
- (1) Date of adoption order.
- (2) Date of registration.
- (3) Signature of an tArd-Chláraitheoir or an officer of an tArd-Chláraitheoir duly authorised by him or her.]
SCHEDULE 4 Amendment of Second Schedule to Civil Registration Act 2004
| Number and Year (1) | Short Title (2) | Extent of Repeal (3) |
| No. 25 of 1952 | Adoption Act 1952 | Section 22. |
| No. 14 of 1991 | Adoption Act 1991 | Sections 6 and 7. |
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