International Adoptions
ADOPTION ACT
PART 2
Legal Effect of Hague Convention
Hague Convention to have force of law.
9.— The Hague Convention has the force of law in the State.
Explanatory report.
10.— (1) Judicial notice shall be taken of the explanatory report prepared by G. Parra-Aranguren in relation to the Hague Convention, a copy of which has been placed in the Oireachtas Library.
(2) When interpreting any provision of the Hague Convention, a court or the Authority, as the case may be, shall pay due regard to that explanatory report.
PART 9
Intercountry Adoptions
Chapter 1
Provisions Relating Generally to Intercountry Adoptions
Competent authority.
64.— The Authority is the competent authority in the State for the purposes of the Hague Convention.
Competent authority for certifying that adoptions accord with Hague Convention.
65.— Without prejudice to the generality of section 64, the Authority is the competent authority for the purpose of certifying—
(a) under Article 23 (which relates to the recognition of an adoption certified by the competent authority of the state of adoption), adoptions effected in the State in accordance with the Hague Convention, and
(b) under Article 27 (which relates to conversion of adoptions in the state of origin into adoptions terminating pre-existing legal parent-child relationships), the conversion of adoptions recognised in the State.
Role of Authority as Central Authority.
66.— (1) The Authority is designated as the Central Authority to perform in the State the functions conferred on the Central Authority under this Act or by virtue of the Hague Convention.
(2) Subject to subsection (3) and Article 22 (which relates to the performance of Central Authority functions by public authorities), the Authority may delegate in writing one or more of its functions as the Central Authority to the F76[Child and Family Agency] or such accredited bodies as the Authority may specify.
(3) The following functions may not be delegated by the Authority:
(a) as the Central Authority of the receiving state—
(i) issuing, in accordance with paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states), a declaration of eligibility and suitability as part of the report referred to in that Article, and
(ii) arranging the return of a child under paragraph (1)(c) of Article 21 (which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State), if the child’s interests so require;
(b) as the Central Authority of the state of origin—
(i) transmitting to the Central Authority of the receiving state the report referred to in Article 16 (which relates to reports by the Central Authorities of states of origin), proof that the necessary consents have been obtained and the reasons for the Authority’s determination concerning the placement, and
(ii) deciding, in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents), whether the child should be entrusted to prospective adopters.
Annotations
Amendments:
F76
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.
Procedural arrangements for cases where State is receiving state.
67.— (1) For the purposes of the application of the Hague Convention in the State, subsections (2) to (5) have effect.
(2) For the purpose of Article 14 (which relates to making applications for adoption to the Central Authority), an application to adopt a child habitually resident in another contracting state is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf of those persons by the F77[Child and Family Agency] together with—
(a) the assessment report prepared under section 37, and
(b) the recommendation made under section 39,
in relation to those persons.
(3) For the purpose of Article 17 (which provides for limits on the state of origin entrusting a child to prospective adoptive parents), the approval of the Authority is required before any decision is made in the state of origin that the child should be entrusted to prospective adopters.
(4) For the purpose of determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied as to compliance with Article 5 (which relates to when a Convention adoption may take place) and Article 17.
(5) Without prejudice to the functions of the F77[Child and Family Agency] under any other enactment, the F77[Child and Family Agency] shall perform on behalf of the Authority the latter’s functions as the Central Authority—
(a) in keeping the other Central Authorities informed as set out in Article 20 (which requires Central Authorities to keep each other informed), and
(b) in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph (1) of Article 21 (which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State).
Annotations
Amendments:
F77
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.
State as receiving state: adoption orders for children placed for adoption in State.
68.— (1) Subject to subsection (2), the Authority may make an adoption order in relation to a child who—
(a) was transferred to the State from the child’s state of origin, in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents), and
(b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.
(2) The Authority may make an adoption order under subsection (1) only on the application of the prospective adopters with whom the child was placed and only—
(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and
(b) F78[where the consent of a person is necessary] and has not been given, if the High Court has made an order—
(i) under section 31(3)(b) authorising the Authority to dispense with consent as described in that provision, or
(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.
Annotations
Amendments:
F78
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 31, S.I. No. 443 of 2017.
Editorial Notes:
E45
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 126, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.
Conversion of certain adoptions effected in contracting states and recognised in State.
69.— (1) Subject to subsection (2), the Authority may make an adoption order for the purpose of the conversion, in accordance with Article 27 (which relates to conversion of adoptions in the state of origin to adoptions terminating pre-existing legal parent-child relationships), of a Convention adoption that does not have the effect of terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who—
(a) was transferred to the State from the child’s state of origin, in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents), and
(b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.
(2) The Authority may make an adoption order under subsection (1) only on the application of the adopters of the child and only—
(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and
(b) F79[where the consent of a person is necessary] and has not been given, if the High Court has made an order—
(i) under section 31(3)(b) authorising the Authority to dispense with consent as described in that provision, or
(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.
Annotations
Amendments:
F79
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 32, S.I. No. 443 of 2017.
Editorial Notes:
E46
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 127, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.
Transfer of child from State for purpose of adoption in receiving state.
70.— A child may be transferred from the State to another contracting state for the purpose of adoption in that state in accordance with the Hague Convention, but such a transfer may take place only—
(a) if the following are satisfied:
(i) Article 4 (which relates to when an adoption may take place);
(ii) Article 5 (which relates further to when an adoption may take place);
(iii) Article 15 (which relates to reports by the Central Authorities of receiving states);
(iv) Article 16 (which relates to reports by the Central Authorities of states of origin);
(v) Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents);
(vi) Article 18 (which relates to Central Authorities obtaining permissions for a child to leave his or her state of origin),
(b) in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents)—
(i) the Authority decides that the child should be entrusted to the prospective adopters, and
(ii) the Central Authority of the receiving state approves that decision, and
(c) if the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.
Discussions relating to agreements under Article 39.
71.— (1) The Authority, with the prior consent of the Minister, may enter into discussions with any contracting state concerning—
(a) the possibility of the State entering into an agreement under paragraph (2) of Article 39 (which makes provision for international instruments on matters governed by the Hague Convention) with that contracting state, and
(b) the terms and conditions of the agreement.
(2) If the State, before or after the commencement of this section, has entered into an agreement under paragraph (2) of Article 39 with a contracting state, with a view to improving the application of the Convention in their mutual relations, the Minister shall cause the agreement to be laid before each House of the Oireachtas.
(3) If an agreement referred to in subsection (2) is amended, the Minister shall cause the amended agreement to be laid before each House of the Oireachtas.
(4) The agreement, and any amended agreement, has the force of law from the date on which it is entered into and for so long as it is in effect.
(5) Judicial notice shall be taken of an agreement, or an amended agreement, under paragraph (2) of Article 39 (which makes provision for international instruments on matters governed by the Hague Convention).
Administrative arrangements with contracting states.
72.— (1) The Authority may enter into administrative arrangements with any contracting state concerning the processing of applications—
(a) made to the Authority by persons habitually resident in the State for the adoption of a child habitually resident in the contracting state, or
(b) made to the Central Authority of a contracting state by persons habitually resident in the contracting state for the adoption of a child habitually resident in the State.
(2) The Authority may terminate any administrative arrangement entered into under this section.
Chapter 2
Bilateral Agreements and other Arrangements Concerning Intercountry Adoptions
Discussions and agreements with non-contracting states.
73.— (1) The Authority, with the prior consent of the Minister and having regard for the principles of the Hague Convention, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that state.
(2) If the Government, before or after the commencement of this section, has entered into a bilateral agreement with a non-contracting state concerning intercountry adoption, the Minister shall cause the agreement to be laid before each House of the Oireachtas.
(3) If a bilateral agreement referred to in subsection (2) is amended, the Minister shall cause the amended agreement to be laid before each House of the Oireachtas.
(4) Judicial notice shall be taken of a bilateral agreement, or an amended bilateral agreement, from the date on which it is laid before the Houses.
Administrative arrangements with states that have bilateral agreements.
74.— (1) The Authority may enter into an administrative arrangement with another state that is a party to a bilateral agreement if that arrangement concerns the processing of applications—
(a) made to the Authority by persons habitually resident in the State for the adoption of a child habitually resident in that other state, or
(b) made to the Central Authority of the other state by persons habitually resident in that other state for the adoption of a child habitually resident in the State.
(2) The Authority may terminate any administrative arrangement entered into under this section.
Role of Authority as Central Authority under bilateral agreement.
75.— (1) The Authority is designated as the Central Authority to perform in the State the functions conferred on the Central Authority by this Chapter or under a bilateral agreement.
(2) Subject to subsection (3) and any restrictions in the bilateral agreement, the Authority may delegate in writing to the F80[Child and Family Agency], or to such accredited bodies as the Authority may specify, one or more of its functions as the Central Authority under a bilateral agreement.
(3) The following functions may not be delegated by the Authority:
(a) as the Central Authority of the receiving state—
(i) issuing, in the circumstances described in paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states), a declaration of eligibility and suitability,
(ii) arranging a new placement of, or alternative long-term care for, a child if the child is withdrawn from placement with his or her prospective adopters in accordance with the bilateral agreement, and
(iii) arranging the return of a child to his or her state of origin, if the child’s interests so require;
(b) as the Central Authority of the state of origin and in accordance with a bilateral agreement—
(i) ensuring that necessary consents have been obtained,
(ii) determining whether the envisaged placement is in the best interests of the child concerned,
(iii) transmitting to the Central Authority of the receiving state the report on the child, proof that the necessary consents have been obtained and the reasons for the Authority’s determination as to whether the envisaged placement is in the child’s best interests, and
(iv) deciding whether the child should be entrusted to prospective adopters.
Annotations
Amendments:
F80
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.
Competent authority for certifying that adoptions accord with bilateral agreement.
76.— (1) Without prejudice to the generality of section 64, the Authority is the competent authority for the purpose of certifying—
(a) adoptions effected in the State in accordance with a bilateral agreement, and
(b) the conversion of adoptions that were effected in another state that is a party to a bilateral agreement and that are recognised in the State.
(2) A certificate of the Authority that an adoption was effected in accordance with a bilateral agreement shall specify when the Authority and the Central Authority of the other state agreed to the adoption proceeding.
Procedural arrangements where State is receiving state under bilateral agreement.
77.— (1) This section has effect for the purposes of the application of a bilateral agreement in the State.
(2) For the purposes of a bilateral agreement, an application to adopt a child habitually resident in another state (that is a party to the agreement) is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf of those persons by the F81[Child and Family Agency], together with—
(a) the assessment report prepared under section 37, and
(b) the recommendation made under section 39,
in relation to those persons.
(3) The approval of the Authority is required before any decision is made in the state of origin that the child should be entrusted to prospective adopters.
(4) For the purpose of determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied that—
(a) the prospective adopters are eligible and suited to adopt,
(b) the prospective adopters have been counselled as may be necessary, and
(c) the child is or will be authorised under the law to enter and reside permanently in the State.
(5) Without prejudice to the functions of the F81[Child and Family Agency] under any other enactment, the F81[Child and Family Agency] shall perform on behalf of the Authority the latter’s functions as the Central Authority—
(a) in keeping the other Central Authorities informed as set out in Article 20 (which relates to Central Authorities keeping each other informed), and
(b) in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph (1) of Article 21 (which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving state).
Annotations
Amendments:
F81
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.
State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State.
78.— (1) Subject to subsection (2), the Authority may make an adoption order in relation to a child who—
(a) was transferred to the State from the child’s state of origin in accordance with a bilateral agreement, and
(b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.
(2) The Authority may make an adoption order under subsection (1) only on the application of the prospective adopters with whom the child was placed and only—
(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and
(b) F82[where the consent of a person is necessary] and has not been given, if the High Court has made an order—
(i) under section 31 (3) (b) authorising the Authority to dispense with consent as described in that provision, or
(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.
(3) For the purpose of this section, Article 4 (which relates to when an adoption may take place) is applicable in respect of a bilateral agreement.
Annotations
Amendments:
F82
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 33, S.I. No. 443 of 2017.
Editorial Notes:
E47
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 128, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.
Conversion of certain adoptions effected under bilateral agreement in another state and recognised in the State.
79.— (1) Subject to subsection (2), the Authority may make an adoption order for the purpose of the conversion, in accordance with Article 27 (which relates to conversion of adoptions in state of origin to adoptions terminating pre-existing legal parent-child relationships), of a bilateral agreement adoption that does not have the effect of terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who—
(a) was transferred to the State from the child’s state of origin in accordance with a bilateral agreement, and
(b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.
(2) The Authority may make an adoption order under subsection (1) only on the application of the adopters of the child and only—
(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and
(b) F83[where the consent of a person is necessary] and has not been given, if the High Court has made an order—
(i) under section 31 (3) (b) authorising the Authority to dispense with consent as described in that provision, or
(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.
(3) For the purpose of this section, Article 17 (which relates to when state of origin may entrust a child to prospective adoptive parents) and Article 4 are applicable in respect of a bilateral agreement.
Annotations
Amendments:
F83
Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 34, S.I. No. 443 of 2017.
Editorial Notes:
E48
Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 129, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.
Transfer of child from State for purpose of adoption in receiving state.
80.— A child may be transferred from the State to a non-contracting state for the purpose of adoption in that state in accordance with a bilateral agreement, but such a transfer may take place only in accordance with the agreement, and, in particular, if—
(a) the requirements of the agreement as to consents to the adoption have been satisfied,
(b) the Central Authority of the receiving state has—
(i) determined that the prospective adopters are eligible and suited to adopt,
(ii) ensured that the prospective adopters have been counselled as may be necessary, and
(iii) determined that the child is or will be authorised to enter and reside permanently in the receiving state,
(c) the Authority has decided, in accordance with the agreement, that the child should be entrusted to the prospective adopters,
(d) the Central Authority of the receiving state has approved that decision, and
(e) the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.
Chapter 3
Arrangement in Exceptional Case with a Non-Contracting State
Exceptional case involving specific child.
81.— (1) The Authority may enter into an arrangement with a non-contracting state that is not a party to a bilateral agreement if—
(a) the arrangement relates to the adoption of a specific child by prospective adopters habitually resident either in the State or in the non-contracting state,
(b) a declaration of eligibility and suitability in the State, or an equivalent instrument in the non-contracting state, has been issued for the prospective adopters,
(c) the prospective adopters are relatives of the child, and
(d) the Authority is satisfied that the standards that are being or will be applied to the adoption accord with those of the Hague Convention.
(2) An arrangement made under subsection (1) may not be used by the Authority for the purpose of—
(a) an adoption under an adoption order, or
(b) the recognition of an intercountry adoption effected outside the State,
other than the adoption or the recognition of the adoption of the specific child to whom the arrangement relates.
Chapter 4
Duty to Inform State about Adopted Child First Entering State
Duty to inform F84[Child and Family Agency] and Authority of child’s entry.
82.— (1) Where a child enters the State for the first time after his or her adoption by adopters habitually resident in the State, they shall notify the F84[Child and Family Agency] and the Authority of the child’s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.
(2) Where a child enters the State for the purpose of being adopted in the State by prospective adopters who are habitually resident in the State, they shall notify the F84[Child and Family Agency] and the Authority of the child’s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.
Annotations
Amendments:
F84
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.
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;
(c) to secure the recognition in Contracting States of adoptions made in accordance with the Convention.
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;
(c) have ensured that;
(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
(c) have determined that the child is or will be authorized to enter and reside permanently in that State.
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;
(c) promote the development of adoption counselling and post-adoption services in their States;
(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;
(c) ensure that consents have been obtained in accordance with Article 4; and
(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;
(c) the Central Authorities of both States have agreed that the adoption may proceed; and
(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;
(c) as a last resort, to arrange the return of the child, if his or her interests so require.
(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;
(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.
S.I. No. 521/2010 –
Adoption Act 2010 (Register of Intercountry Adoptions) Regulations 2010.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 5th November, 2010.
I, BARRY ANDREWS, Minister of State at the Department of Health and Children, in exercise of the powers conferred on me by sections 150 and 152 of the Adoption Act 2010 (No. 21 of 2010) and the Health and Children (Delegation of Ministerial Functions) Order 2010 ( S.I. No. 508 of 2010 ), hereby make the following regulations:
1. These regulations may be cited as the Adoption Act 2010 (Register of Intercountry Adoptions) Regulations 2010.
2. These regulations come into operation on 3 November 2010.
3. The form of, and the particulars to be contained in, the entries in the register of intercountry adoptions are set out in the Schedule.
SCHEDULEForm of, and particulars to be contained in, entries in Register of Intercountry Adoptions
The columns of the register of intercountry adoptions shall contain the following particulars—
(a) in relation to the adopted child:
Ainm / Name,
Sloinne / Surname,
Dáta bhreithe / Date of birth,
Gnéas / Sex,
Tír bhreithe / Country of birth,
Dáta an orduithe uchtála agus an tír ina ndearnadh / Date of adoption order and country where effected,
Dáta a meastar go ndearnadh an t-ordú uchtála / Date adoption order deemed to have been made;
(b) in relation to each of the adoptive parents:
Ainm / Name,
Sloinne / Surname,
Sloinne breithe / Birth surname,
Sloinnte roimhe seo / Former surnames,
Slí bheatha / Occupation,
Seoladh / Address,
Uimhir an taifid / No. of entry,
Dáta an taifid, agus /Date of entry, and
Síniú Oifigeach Údaraithe Údarás Uchtála na hÉireann / Signature of Authorised Officer of Adoption Authority.
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GIVEN under my hand,
3 November 2010.
BARRY ANDREWS,
Minister of State at the Department of Health and Children.
EXPLANATORY NOTE
(This Note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations set out the form and particulars to be contained in entries in the register of intercountry adoptions.
S.I. No. 534/2015 –
Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) Regulations 2015.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 27th November, 2015.
I, JAMES REILLY, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by section 152A of the Adoption Act 2010 (No. 21 of 2010) and the Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 218 of 2011 ), hereby make the following regulations:
1. These Regulations may be cited as the Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) Regulations 2015.
2. The form of, and the particulars to be contained in, the entries in the register of gender recognition of intercountry adoptions are set out in the Schedule.
SCHEDULE
Form of, and particulars to be contained in, entries in register of gender recognition of intercountry adoptions
The columns of the REGISTER OF GENDER RECOGNITION OF INTERCOUNTRY ADOPTIONS shall contain the following particulars—
(a) in relation to the adopted child:
Ainm / Name,
Sloinne / Surname,
Dáta bhreithe / Date of birth,
Gnéas / Sex,
Tír bhreithe / Country of birth,
Dáta an orduithe uchtála agus an tír ina ndearnadh / Date of adoption
order and country where effected,
Dáta a meastar go ndearnadh an t-ordú uchtála / Date adoption order
deemed to have been made;
(b) in relation to each of the adoptive parents:
Ainm / Name,
Sloinne / Surname,
Sloinne breithe / Birth surname,
Sloinnte roimhe seo / Former surnames,
Slí bheatha / Occupation,
Seoladh / Address,
Uimhir an taifid / No. of entry,
Dáta an taifid, agus /Date of entry, and
Síniú Oifigeach Údaraithe Údarás Uchtála na hÉireann / Signature of Authorised Officer of Adoption Authority.
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GIVEN under my Official Seal,
24 November 2015.
JAMES REILLY,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This Note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations set out the form and particulars to be contained in entries in the register of gender recognition of intercountry adoptions.
S.I. No. 8/2018 –
Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) (Fees) Regulations 2018
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 16th January, 2018.
I, KATHERINE ZAPPONE, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by section 150 of the Adoption Act 2010 (No. 21 of 2010) and the Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 218 of 2011 ), hereby make the following Regulations:
1. These Regulations may be cited as the Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) (Fees) Regulations 2018.
2. These Regulations come into operation on 18 January 2018.
3. In these Regulations “Principal Act” means the Adoption Act 2010 (No. 21 of 2010).
4. The prescribed fee payable to the Authority under section 91B(1) of the Principal Act for each search of the register of gender recognition of intercountry adoptions, and the index to that register, carried out by the Authority pursuant to that provision is the amount set out in column (2) of the Schedule, opposite reference 1 in column (1).
5. (1) The prescribed fee payable to the Authority under section 91B(1) of the Principal Act for each certified copy or certified extract of an entry in the register of gender recognition of intercountry adoptions given by the Authority pursuant to that provision is the amount set out in column (2) of the Schedule, opposite reference 2 in column (1).
(2) The prescribed fee payable to the Authority under section 91B(1) of the Principal Act for each uncertified copy of an entry in the register of gender recognition of intercountry adoptions given by the Authority pursuant to that provision is the amount set out in column (2) of the Schedule, opposite reference 3 in column (1).
6. The Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) (Fees) Regulations 2017 ( S.I. No. 537 of 2017 ) are revoked.
SCHEDULE
Matters in relation to which Fees Payable (1)
Amount of Fee Payable (2)
1. Search of index to the register specified in Regulation 4
€0
2. Certified copy or certified extract of an entry in the register specified in Regulation 5(1)
€20
3. Uncertified copy of an entry in the register specified in Regulation 5(2)
€4
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GIVEN under my Official Seal,
11 January 2018.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations prescribe the fees required to be paid for—
• obtaining copies or extracts of entries in the register of gender recognition of intercountry adoptions, and
• searching the index of the register of gender recognition of intercountry adoptions.
These Regulations may be cited as the Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) (Fees) Regulations 2018 and come into operation on 18 January 2018.