Adoption Procedures II

Table of Contents

Adoption Act

Interpretation.

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

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

F1[“Act of 1964” means the Guardianship of Infants Act 1964;]

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

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

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

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

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

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

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

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

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

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

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

(b) is under section 34 a suitable person to have parental rights and duties in relation to a child;

“the Authority” means the body established by section 94;

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

“bilateral agreement adoption” means an adoption—

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

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

“Central Authority” means—

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

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

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

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

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

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

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

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

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

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

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

(b) each other contracting state;

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

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

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

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

“father”, in relation to a child, includes a man who is, under section 5 of the Children and Family Relationships Act 2015, a parent of the child where that child is a donor-conceived child;]

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

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

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

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

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

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

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

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

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

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

“interim order” means an order under section 44;

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

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

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

“intercountry adoption effected outside the State” means—

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

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

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

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

“Minister” means the Minister for Health and Children;

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

F7[…]

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

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

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

and includes an adopter of the child;]

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) his or her adoption, or

(b) his or her proposed adoption,

by a person habitually resident in another state.

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

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

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

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

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

Annotations

Amendments:

F1
Inserted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 3(a), S.I. No. 443 of 2017.

F2
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 32, S.I. No. 369 of 2015.

F3
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.

F4
Substituted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 49(a), commenced on enactment.

F5
Inserted (4.05.2020) by Adoption (Amendment) Act 2017 (19/2017), s. 3(a), S.I. No. 80 of 2020.

F6
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 3(c), S.I. No. 443 of 2017.

F7
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 3(e), S.I. No. 443 of 2017.

F8
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 3(b), S.I. No. 443 of 2017.

F9
Substituted (4.05.2020) by Adoption (Amendment) Act 2017 (19/2017), s. 3(b), S.I. No. 80 of 2020.

F10
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 3(d), S.I. No. 443 of 2017.

F11
Inserted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 3(a), S.I. No. 443 of 2017.

F12
Inserted (4.05.2020) by Adoption (Amendment) Act 2017 (19/2017), s. 3(a), S.I. No. 80 of 2020.

Editorial Notes:

E9
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 102, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

References to making arrangements for adoption.

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

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

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

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

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

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

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

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

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

(j) placing a child with any prospective adopters;

(k) one or more of the following:

(i) assisting—

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

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

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

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

Annotations

Amendments:

F13
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 4, S.I. No. 443 of 2017.

Editorial Notes:

E10
Adoption Act 2010 (Accredited Bodies) Regulations 2010 (S.I. No. 524 of 2010), regs. 8 and 9, confirmed not applicable to accredited bodies registered in respect of an activity mentioned in pars. (e), (f), (g) or (k) of section (4.11.2010) by Adoption Act 2010 (Accredited Bodies) Regulations 2010 (S.I. No. 524 of 2010), regs. 8(1) and 9(1), in effect as per reg. 2.

E11
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 103, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

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

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

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

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

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

Chapter 2

Placement of Children for Adoption

Visits and enquiries pertaining to adoptions.

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

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

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

Annotations

Amendments:

F15
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 5, S.I. No. 443 of 2017.

Modifications (not altering text):

Editorial Notes:

E14
Previous affecting provision: subs. (2) substituted by Children and Family Relationships Act 2015 (9/2015), s. 105, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

PART 3

Placement for Adoption

Chapter 1

Interpretation

Interpretation (Part 3).

11.— In this Part—

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

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

Annotations

Amendments:

F14
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.

Editorial Notes:

E13
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 104, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Chapter 2

Placement of Children for Adoption

Visits and enquiries pertaining to adoptions.

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

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

Annotations

Amendments:

F15
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 5, S.I. No. 443 of 2017.

Modifications (not altering text):

Editorial Notes:

Restriction on placing child for adoption.

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

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

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

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

Explanation to mother or guardian as to effect of adoption.

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

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

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

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

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

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

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

Care of child pending placement.

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

(a) for the care of children, and

(b) for securing generally their welfare,

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

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

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

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

Right of father who wishes to be consulted.

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

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

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

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

Annotations

Amendments:

F16
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 6, S.I. No. 443 of 2017.

Editorial Notes:

E15
Previous affecting provision: section substituted by Children and Family Relationships Act 2015 (9/2015), s. 106, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Pre-placement consultation procedure.

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

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

(b) the Authority shall—

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

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

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

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

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

(3) Where—

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

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

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

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

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

(5) Where an accredited body has not received—

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

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

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

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

(a) for substituted service, or

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

Annotations

Amendments:

F17
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 7, S.I. No. 443 of 2017.

Editorial Notes:

E16
Power pursuant to subs. (3) exercised (20.12.2017) by Adoption Act 2010 (Pre-Placement Consultation Procedure) (Forms) Regulations 2017 (S.I. No. 606 of 2017).

E17
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 107, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

E18
Previous affecting provision: forms prescribed for purposes of subs. (3)(b)(i) (3.11.2010) by Adoption Act 2010 (Pre-Placement Consultation Procedure) Regulations 2010 (S.I. No. 520 of 2010), reg. 3 and sch., in effect as per reg. 2; revoked (20.12.2017) by Adoption Act 2010 (Pre-Placement Consultation Procedure) (Forms) Regulations 2017 (S.I. No. 606 of 2017), reg. 4, in effect as per reg. 2.

Where father not consulted.

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

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

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

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

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

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

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

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

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

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

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

(i) that the adoption may be delayed,

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

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

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

and

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

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

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

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

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

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

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

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

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

Annotations

Amendments:

F18
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 8, S.I. No. 443 of 2017.

Modifications (not altering text):

C4
Application of section restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31/2004), s. 40, S.I. 544 of 2004; as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 31, S.I. No. 274 of 2008; and as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 5, S.I. No. 5 of 2014. Note: Civil Liability and Courts Act 2004, s. 40(2) (which lists “relevant enactments”) was repealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013, s. 2(2), S.I. No. 334 of 2014. However, section included in definition of “relevant enactment” for purposes of the in camera rule by Civil Liability and Courts Act 2004 (31/2004), s. 39, as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 4, S.I. No. 5 of 2014. Note also that subs. (8) previously inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 11, S.I. No. 5 of 2014, now substituted, provided that an application for approval under this section shall be heard in private.

Proceedings heard otherwise than in public.

40.— …

(2) […]

(3) Nothing contained in a relevant enactment shall operate to prohibit—

(a) the preparation by a barrister at law or a solicitor or a person falling within any other class of persons specified in regulations made by the Minister and publication of a report of proceedings to which the relevant enactment relates, or

(b) the publication of the decision of the court in such proceedings, in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing [such a report—

(i) attend the proceedings, and

(ii) have access to any relevant documents,

subject to any directions the court may give in that behalf.]

[(3A) (a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.

(b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so—

(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

(ii) by reason of the nature or circumstances of the case, or

(iii) as it is otherwise necessary in the interests of justice,

the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order—

(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or

(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,

and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.

(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:

(i) the best interests of a child to whom the proceedings relate;

(ii) the views, if any, of—

(I) a party to the proceedings, and

(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

(iii) whether information given or likely to be given in evidence is sensitive personal information;

(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;

(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;

(vii) whether information given or likely to be given in evidence is commercially sensitive information; and

(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.

(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.

(e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.

(f) In this subsection—

“commercially sensitive information” means—

(i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or

(ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;

“party to the proceedings” includes a witness in the proceedings;

“sensitive personal information” means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to—

(i) information relating to the medical, psychiatric or psychological history of the person,

(ii) information relating to the tax affairs of the person,

(iii) information relating to the sexual conduct or sexual orientation of the person.]

(4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed by order of the Minister.

(5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.

(6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings, to—

(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or

(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.

(7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to—

(8) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.

(9) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7), be conducted otherwise than in public and no such document, information or evidence shall be published.

(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.

[(11) In subsection (3), “relevant documents”, in relation to any proceedings referred to in that subsection—

(a) subject to paragraph (b), means—

(i) the petition, summons or other originating document in the proceedings,

(ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and

(iii) any order made by the court in the proceedings,

(b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.]

Editorial Notes:

E19
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 108, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

E20
Previous affecting provisions: subs. (8) inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 10, S.I. No. 5 of 2014; substituted as per F-note above.

F19[

No pre-placement consultation required

18A.—F20[…]]

Annotations

Amendments:

F19
Inserted by Child and Family Relationships Act 2015 (9/2015), s. 109, not commenced.

F20
Repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

PART 4

Domestic Adoptions and Intercountry Adoptions

Chapter 1

Adoption Orders and Consents to Adoption Orders

Welfare of child.

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

(a) the Authority, or

(b) any court,

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

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

(a) the child’s age and maturity,

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

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

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

(f) the child’s upbringing and care,

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Regulations under this section may—

(a) make different provision in relation to—

(i) children of different ages and maturity, or

(ii) different classes of appropriate persons,

and

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

Annotations

Amendments:

F21
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 9, S.I. No. 443 of 2017.

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

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

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

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

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

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

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

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

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

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

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

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

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

Annotations

Amendments:

F22
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 10, S.I. No. 443 of 2017.

Editorial Notes:

E21
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 110, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Children who may be adopted.

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

(a) the child—

(i) resides in the State, and

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

and

(b) the child has—

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

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

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

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

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

Annotations

Amendments:

F26
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 12, S.I. No. 443 of 2017.

Exception if child older than 7 years.

24.— F27[…]

Annotations

Amendments:

F27
Repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(1), S.I. No. 443 of 2017.

Correction of adoption order.

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

Chapter 2

Consents to Adoption Orders

Consents to adoption orders.

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

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

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

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

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

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

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

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

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

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

Annotations

Editorial Notes:

E24
Power pursuant to subs. (3) exercised (27.11.2017) by Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2017 (S.I. No. 535 of 2017), in effect as per reg. 2.

E25
Previous affecting provision: forms prescribed for purposes of section (2.11.2010) by Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2010 (S.I. No. 519 of 2010), reg. 3 and sch., in effect as per reg. 2; revoked (27.11.2017) by Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2017 (S.I. No. 535 of 2017), reg. 4, in effect as per reg. 2.

Information for persons about consenting to adoption orders.

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

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

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

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

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

and

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

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

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

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

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

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

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

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

Validity of consent.

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

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

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

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

(a) has given the consent, and

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

Enquiries on behalf of Authority.

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

(a) make enquiries on its behalf, and

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

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

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

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

Consultation with father.

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

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

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

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

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

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

(a) that the adoption may be delayed,

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

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

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

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

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

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

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

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

Annotations

Amendments:

F28
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 13, S.I. No. 443 of 2017.

Modifications (not altering text):

C5
Application of section restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31/2004), s. 40, S.I. 544 of 2004; as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 31, S.I. No. 274 of 2008; and as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 5, S.I. No. 5 of 2014. Note: Civil Liability and Courts Act 2004, s. 40(2) (which lists “relevant enactments”) was repealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013, s. 2(2), S.I. No. 334 of 2014. However, section included in definition of “relevant enactment” for purposes of the in camera rule by Civil Liability and Courts Act 2004 (31/2004), s. 39, as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 4, S.I. No. 5 of 2014. Note also that subs. (8) previously inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 11, S.I. No. 5 of 2014, now substituted, provided that an application for approval under this section shall be heard in private.