{"id":11626,"date":"2022-04-29T21:00:45","date_gmt":"2022-04-29T21:00:45","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11626"},"modified":"2024-03-16T16:27:01","modified_gmt":"2024-03-16T16:27:01","slug":"international-adoptions","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/international-adoptions\/","title":{"rendered":"International Adoptions"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/international-adoptions\/#Inter-Country_Adoptions\" title=\"Inter-Country Adoptions\">Inter-Country Adoptions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/international-adoptions\/#Hague_Convention\" title=\"Hague Convention\">Hague Convention<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/international-adoptions\/#Central_Authority\" title=\"Central Authority\">Central Authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/international-adoptions\/#Initial_Procedure\" title=\"Initial Procedure\">Initial Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/international-adoptions\/#Basic_Requirements\" title=\"Basic Requirements\">Basic Requirements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/international-adoptions\/#Recognition\" title=\"Recognition\">Recognition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/international-adoptions\/#Adoption_Authority\" title=\"Adoption Authority\">Adoption Authority<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#ADOPTION_ACT\" title=\"ADOPTION ACT\">ADOPTION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Hague_Convention_to_have_force_of_law\" title=\"Hague Convention to have force of law.\">Hague Convention to have force of law.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Explanatory_report\" title=\"Explanatory report.\">Explanatory report.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Provisions_Relating_Generally_to_Intercountry_Adoptions\" title=\"Provisions Relating Generally to Intercountry Adoptions\">Provisions Relating Generally to Intercountry Adoptions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Competent_authority\" title=\"Competent authority.\">Competent authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Role_of_Authority_as_Central_Authority\" title=\"Role of Authority as Central Authority.\">Role of Authority as Central Authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Procedural_arrangements_for_cases_where_State_is_receiving_state\" title=\"Procedural arrangements for cases where State is receiving state.\">Procedural arrangements for cases where State is receiving state.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#State_as_receiving_state_adoption_orders_for_children_placed_for_adoption_in_State\" title=\"State as receiving state: adoption orders for children placed for adoption in State.\">State as receiving state: adoption orders for children placed for adoption in State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Conversion_of_certain_adoptions_effected_in_contracting_states_and_recognised_in_State\" title=\"Conversion of certain adoptions effected in contracting states and recognised in State.\">Conversion of certain adoptions effected in contracting states and recognised in State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Transfer_of_child_from_State_for_purpose_of_adoption_in_receiving_state\" title=\"Transfer of child from State for purpose of adoption in receiving state.\">Transfer of child from State for purpose of adoption in receiving state.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Discussions_relating_to_agreements_under_Article_39\" title=\"Discussions relating to agreements under Article 39.\">Discussions relating to agreements under Article 39.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Administrative_arrangements_with_contracting_states\" title=\"Administrative arrangements with contracting states.\">Administrative arrangements with contracting states.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Bilateral_Agreements_and_other_Arrangements_Concerning_Intercountry_Adoptions\" title=\"Bilateral Agreements and other Arrangements Concerning Intercountry Adoptions\">Bilateral Agreements and other Arrangements Concerning Intercountry Adoptions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Discussions_and_agreements_with_non-contracting_states\" title=\"Discussions and agreements with non-contracting states.\">Discussions and agreements with non-contracting states.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Administrative_arrangements_with_states_that_have_bilateral_agreements\" title=\"Administrative arrangements with states that have bilateral agreements.\">Administrative arrangements with states that have bilateral agreements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Role_of_Authority_as_Central_Authority_under_bilateral_agreement\" title=\"Role of Authority as Central Authority under bilateral agreement.\">Role of Authority as Central Authority under bilateral agreement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Competent_authority_for_certifying_that_adoptions_accord_with_bilateral_agreement\" title=\"Competent authority for certifying that adoptions accord with bilateral agreement.\">Competent authority for certifying that adoptions accord with bilateral agreement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Procedural_arrangements_where_State_is_receiving_state_under_bilateral_agreement\" title=\"Procedural arrangements where State is receiving state under bilateral agreement.\">Procedural arrangements where State is receiving state under bilateral agreement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#State_as_receiving_state_under_bilateral_agreement_adoption_orders_for_children_placed_for_adoption_in_State\" title=\"State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State.\">State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Conversion_of_certain_adoptions_effected_under_bilateral_agreement_in_another_state_and_recognised_in_the_State\" title=\"Conversion of certain adoptions effected under bilateral agreement in another state and recognised in the State.\">Conversion of certain adoptions effected under bilateral agreement in another state and recognised in the State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Exceptional_case_involving_specific_child\" title=\"Exceptional case involving specific child.\">Exceptional case involving specific child.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Duty_to_inform_F84Child_and_Family_Agency_and_Authority_of_childs_entry\" title=\"Duty to inform F84[Child and Family Agency] and Authority of child\u2019s entry.\">Duty to inform F84[Child and Family Agency] and Authority of child\u2019s entry.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Text_of_Hague_Convention\" title=\"Text of Hague Convention\">Text of Hague Convention<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Scope_of_the_Convention\" title=\"Scope of the Convention\">Scope of the Convention<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Requirements_for_Intercountry_Adoptions\" title=\"Requirements for Intercountry Adoptions\">Requirements for Intercountry Adoptions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Central_Authorities_and_Accredited_Bodies\" title=\"Central Authorities and Accredited Bodies\">Central Authorities and Accredited Bodies<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Procedural_Requirements_in_Intercountry_Adoption\" title=\"Procedural Requirements in Intercountry Adoption\">Procedural Requirements in Intercountry Adoption<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Recognition_and_Effects_of_the_Adoption\" title=\"Recognition and Effects of the Adoption\">Recognition and Effects of the Adoption<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#General_Provisions\" title=\"General Provisions\">General Provisions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Final_Clauses\" title=\"Final Clauses\">Final Clauses<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Adoption_Act_2010_Register_of_Intercountry_Adoptions_Regulations_2010\" title=\"Adoption Act 2010 (Register of Intercountry Adoptions) Regulations 2010.\">Adoption Act 2010 (Register of Intercountry Adoptions) Regulations 2010.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#EXPLANATORY_NOTE\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Adoption_Act_2010_Register_of_Gender_Recognition_of_Intercountry_Adoptions_Regulations_2015\" title=\"Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) Regulations 2015.\">Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) Regulations 2015.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#EXPLANATORY_NOTE-2\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#Adoption_Act_2010_Register_of_Gender_Recognition_of_Intercountry_Adoptions_Fees_Regulations_2018\" title=\"Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) (Fees) Regulations 2018\">Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) (Fees) Regulations 2018<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/international-adoptions\/2\/#EXPLANATORY_NOTE-3\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Inter-Country_Adoptions\"><\/span><span style=\"font-size: 16px;\">Inter-Country Adoptions<\/span><span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In stark contrast to earlier times, most adoptions now constitute inter-country adoptions. The Adoption Authority must recognise and register adoptions that satisfy the conditions in the legislation.<\/p>\n<p>The Authority maintains the register of foreign adoptions. Within three months of the child entering the State after an inter-country adoption from another state, the adopters must apply to the authority for registration of the child in the register. The certificate is equivalent to a birth certificate.<\/p>\n<p>The register may be rectified to follow through legal position. A court order may direct the cancellation of a foreign adoption order. The effect of cancellation would be to sever the legal relationship between the adopting parent and the child.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Hague_Convention\"><\/span>Hague Convention<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Hague Convention on Protection and Cooperation on Intercountry Adoptions, 1993, deals with cooperation on adoption issues between countries who have ratified the Convention. The fundamental rights of children are confirmed.<\/p>\n<p>The Hague Convention is designed to safeguard the fundamental rights of children and parents. The purpose of the Convention is to ensure that the best interests of the child are considered. It is designed to prevent the exploitation, abduction or trafficking of children.<\/p>\n<p>The Convention\u2019s objective is to establish safeguards to ensure that inter-country adoptions take place in the best interests of the child and with respect to his or her fundamental rights as recognised in international law. It seeks to establish a system of cooperation between states so that these safeguards are respected and protected. It seeks to prevent the trafficking and abduction of children. Adoptions are to be made in accordance with the convention.<\/p>\n<p>Ireland ratified the Convention in 2010. The State may enter bilateral agreements based on standards equivalent to those of the Hague Convention with states which are not parties to the Convention. The authority may enter into bilateral agreements with terms similar to those under the Convention.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Central_Authority\"><\/span>Central Authority<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Each country designates a central authority. The central authority is to cooperate and pass information to other states under the Convention.<\/p>\n<p>The central authorities must establish whether children are eligible for adoption. It matches children with prospective adoptive parents and ensures legality and validity. Financial gain from the adoption process is prohibited.<\/p>\n<p>The competent authority of the other state from which the child is adopted must confirm that the adoption order is made in accordance with the terms of the Convention. They must ensure that no adoptions take place for financial reward.<\/p>\n<p>Undesirable practices must be prevented and dissuaded. Reports must be undertaken on the adoptive parents of the child. The necessary consent must be obtained.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Initial_Procedure\"><\/span>Initial Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a child is resident in one contracting state and is proposed to be adopted into another contracting state by a person habitually resident in the recipient state, the state of origin must determine that the child is capable of being adopted.<\/p>\n<p>The determination must be made by an appropriate authority regarding the suitability for adoption. It must determine that the adoption is in the best interest of the child. All requisite consents are required. The child&#8217;s consent may be required.<\/p>\n<p>The best interests of the child are to be the primary consideration in inter-country adoptions. Children may be only adopted from other countries which have ratified the Convention or with which Ireland has a direct agreement.<\/p>\n<p>The recipient state must determine the suitability of the parents. Counselling may be required. The child must be permitted to enter and reside permanently in the recipient state.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Basic_Requirements\"><\/span>Basic Requirements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The child must be placed. Placements are regulated. The state of origin must procure that the candidate&#8217;s parents agree to the placement. The recipient state must approve it and both states must agree that it may proceed.<\/p>\n<p>The adopters must be eligible and suitable. The child must be permitted to enter and permanently reside in the recipient state. The child may not travel until the conditions have been met.<\/p>\n<p>The parties must be advised of the effect of their consent. In particular, they must be counselled and advised as to the nature of the termination of the existing legal relationship and the substitution of the adopting parents as legal parents.<\/p>\n<p>There are provisions restricting contact between natural parents and the child. There are provisions for retaining information regarding the child&#8217;s origin and natural parents, together with medical records. The child may have access to such information, subject to the provisions of the law of the state.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Recognition\"><\/span>Recognition<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An adoption certified by the authority of the state of adoption as having been made under the Convention is recognised in other contracting states to the Conventions. Recognition may only be refused if such would be manifested contrary to the public policy of the state concerned.<\/p>\n<p>Recognition creates a legal parent-child relationship between the adopting parents and the child so that they assume parental rights and obligations in relation to the child. \u00a0The existing relationship with the natural parents is terminated.<\/p>\n<p>The child must enjoy, in the recipient state, rights equivalent to those under a domestic adoption. The law of the recipient state may terminate the rights of the natural parent, even if the state of origin does not have an equivalent provision under its adoption laws for such conversion of status.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Adoption_Authority\"><\/span>Adoption Authority<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Adoption Authority is the central authority in Ireland under the convention. The Authority makes declarations of eligibility and suitability. It makes decisions in relation to outward adoption and has a role in relation to inward adoption.<\/p>\n<p>It makes adoption orders in respect of children coming in from other states. It may make an order to convert an adoption that does not have the effect of terminating the relationship of the natural parent and child into one that does have that effect.<\/p>\n<p>The Authority is the competent party for certifying adoptions in the state in accordance with any bilateral agreement and conversion of adoptions recognised in other states which are party to the bilateral agreement.<\/p>\n<p>Provision is made for a High Court order to dispense with consents which have not been given. It may authorise the Authority to dispense with consent.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ADOPTION ACT<\/h2>\n<p>PART 2<\/p>\n<p>Legal Effect of Hague Convention<\/p>\n<h4>Hague Convention to have force of law.<\/h4>\n<p>9.\u2014 The Hague Convention has the force of law in the State.<\/p>\n<h4>Explanatory report.<\/h4>\n<p>10.\u2014 (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.<\/p>\n<p>(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.<\/p>\n<p>PART 9<\/p>\n<p>Intercountry Adoptions<\/p>\n<p>Chapter 1<\/p>\n<h4>Provisions Relating Generally to Intercountry Adoptions<\/h4>\n<h4>Competent authority.<\/h4>\n<p>64.\u2014 The Authority is the competent authority in the State for the purposes of the Hague Convention.<\/p>\n<p>Competent authority for certifying that adoptions accord with Hague Convention.<\/p>\n<p>65.\u2014 Without prejudice to the generality of section 64, the Authority is the competent authority for the purpose of certifying\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<h4>Role of Authority as Central Authority.<\/h4>\n<p>66.\u2014 (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.<\/p>\n<p>(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.<\/p>\n<p>(3) The following functions may not be delegated by the Authority:<\/p>\n<p>(a) as the Central Authority of the receiving state\u2014<\/p>\n<p>(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<\/p>\n<p>(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\u2019s transfer to the receiving State), if the child\u2019s interests so require;<\/p>\n<p>(b) as the Central Authority of the state of origin\u2014<\/p>\n<p>(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\u2019s determination concerning the placement, and<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F76<br \/>\nSubstituted (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.<\/p>\n<h4>Procedural arrangements for cases where State is receiving state.<\/h4>\n<p>67.\u2014 (1) For the purposes of the application of the Hague Convention in the State, subsections (2) to (5) have effect.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the assessment report prepared under section 37, and<\/p>\n<p>(b) the recommendation made under section 39,<\/p>\n<p>in relation to those persons.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2019s functions as the Central Authority\u2014<\/p>\n<p>(a) in keeping the other Central Authorities informed as set out in Article 20 (which requires Central Authorities to keep each other informed), and<\/p>\n<p>(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\u2019s transfer to the receiving State).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F77<br \/>\nSubstituted (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.<\/p>\n<h4>State as receiving state: adoption orders for children placed for adoption in State.<\/h4>\n<p>68.\u2014 (1) Subject to subsection (2), the Authority may make an adoption order in relation to a child who\u2014<\/p>\n<p>(a) was transferred to the State from the child\u2019s 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<\/p>\n<p>(b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.<\/p>\n<p>(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\u2014<\/p>\n<p>(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<\/p>\n<p>(b) F78[where the consent of a person is necessary] and has not been given, if the High Court has made an order\u2014<\/p>\n<p>(i) under section 31(3)(b) authorising the Authority to dispense with consent as described in that provision, or<\/p>\n<p>(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F78<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 31, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E45<br \/>\nPrevious 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.<\/p>\n<h4>Conversion of certain adoptions effected in contracting states and recognised in State.<\/h4>\n<p>69.\u2014 (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\u2014<\/p>\n<p>(a) was transferred to the State from the child\u2019s 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<\/p>\n<p>(b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.<\/p>\n<p>(2) The Authority may make an adoption order under subsection (1) only on the application of the adopters of the child and only\u2014<\/p>\n<p>(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<\/p>\n<p>(b) F79[where the consent of a person is necessary] and has not been given, if the High Court has made an order\u2014<\/p>\n<p>(i) under section 31(3)(b) authorising the Authority to dispense with consent as described in that provision, or<\/p>\n<p>(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F79<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 32, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E46<br \/>\nPrevious 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.<\/p>\n<h4>Transfer of child from State for purpose of adoption in receiving state.<\/h4>\n<p>70.\u2014 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\u2014<\/p>\n<p>(a) if the following are satisfied:<\/p>\n<p>(i) Article 4 (which relates to when an adoption may take place);<\/p>\n<p>(ii) Article 5 (which relates further to when an adoption may take place);<\/p>\n<p>(iii) Article 15 (which relates to reports by the Central Authorities of receiving states);<\/p>\n<p>(iv) Article 16 (which relates to reports by the Central Authorities of states of origin);<\/p>\n<p>(v) Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents);<\/p>\n<p>(vi) Article 18 (which relates to Central Authorities obtaining permissions for a child to leave his or her state of origin),<\/p>\n<p>(b) in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents)\u2014<\/p>\n<p>(i) the Authority decides that the child should be entrusted to the prospective adopters, and<\/p>\n<p>(ii) the Central Authority of the receiving state approves that decision, and<\/p>\n<p>(c) if the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.<\/p>\n<h4>Discussions relating to agreements under Article 39.<\/h4>\n<p>71.\u2014 (1) The Authority, with the prior consent of the Minister, may enter into discussions with any contracting state concerning\u2014<\/p>\n<p>(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<\/p>\n<p>(b) the terms and conditions of the agreement.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<h4>Administrative arrangements with contracting states.<\/h4>\n<p>72.\u2014 (1) The Authority may enter into administrative arrangements with any contracting state concerning the processing of applications\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(2) The Authority may terminate any administrative arrangement entered into under this section.<\/p>\n<p>Chapter 2<\/p>\n<h4>Bilateral Agreements and other Arrangements Concerning Intercountry Adoptions<\/h4>\n<h4>Discussions and agreements with non-contracting states.<\/h4>\n<p>73.\u2014 (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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Administrative arrangements with states that have bilateral agreements.<\/h4>\n<p>74.\u2014 (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\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(2) The Authority may terminate any administrative arrangement entered into under this section.<\/p>\n<h4>Role of Authority as Central Authority under bilateral agreement.<\/h4>\n<p>75.\u2014 (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.<\/p>\n<p>(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.<\/p>\n<p>(3) The following functions may not be delegated by the Authority:<\/p>\n<p>(a) as the Central Authority of the receiving state\u2014<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(iii) arranging the return of a child to his or her state of origin, if the child\u2019s interests so require;<\/p>\n<p>(b) as the Central Authority of the state of origin and in accordance with a bilateral agreement\u2014<\/p>\n<p>(i) ensuring that necessary consents have been obtained,<\/p>\n<p>(ii) determining whether the envisaged placement is in the best interests of the child concerned,<\/p>\n<p>(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\u2019s determination as to whether the envisaged placement is in the child\u2019s best interests, and<\/p>\n<p>(iv) deciding whether the child should be entrusted to prospective adopters.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F80<br \/>\nSubstituted (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.<\/p>\n<h4>Competent authority for certifying that adoptions accord with bilateral agreement.<\/h4>\n<p>76.\u2014 (1) Without prejudice to the generality of section 64, the Authority is the competent authority for the purpose of certifying\u2014<\/p>\n<p>(a) adoptions effected in the State in accordance with a bilateral agreement, and<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Procedural arrangements where State is receiving state under bilateral agreement.<\/h4>\n<p>77.\u2014 (1) This section has effect for the purposes of the application of a bilateral agreement in the State.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the assessment report prepared under section 37, and<\/p>\n<p>(b) the recommendation made under section 39,<\/p>\n<p>in relation to those persons.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the prospective adopters are eligible and suited to adopt,<\/p>\n<p>(b) the prospective adopters have been counselled as may be necessary, and<\/p>\n<p>(c) the child is or will be authorised under the law to enter and reside permanently in the State.<\/p>\n<p>(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\u2019s functions as the Central Authority\u2014<\/p>\n<p>(a) in keeping the other Central Authorities informed as set out in Article 20 (which relates to Central Authorities keeping each other informed), and<\/p>\n<p>(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\u2019s transfer to the receiving state).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F81<br \/>\nSubstituted (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.<\/p>\n<h4>State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State.<\/h4>\n<p>78.\u2014 (1) Subject to subsection (2), the Authority may make an adoption order in relation to a child who\u2014<\/p>\n<p>(a) was transferred to the State from the child\u2019s state of origin in accordance with a bilateral agreement, and<\/p>\n<p>(b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.<\/p>\n<p>(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\u2014<\/p>\n<p>(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<\/p>\n<p>(b) F82[where the consent of a person is necessary] and has not been given, if the High Court has made an order\u2014<\/p>\n<p>(i) under section 31 (3) (b) authorising the Authority to dispense with consent as described in that provision, or<\/p>\n<p>(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F82<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 33, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E47<br \/>\nPrevious 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.<\/p>\n<h4>Conversion of certain adoptions effected under bilateral agreement in another state and recognised in the State.<\/h4>\n<p>79.\u2014 (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\u2014<\/p>\n<p>(a) was transferred to the State from the child\u2019s state of origin in accordance with a bilateral agreement, and<\/p>\n<p>(b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.<\/p>\n<p>(2) The Authority may make an adoption order under subsection (1) only on the application of the adopters of the child and only\u2014<\/p>\n<p>(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<\/p>\n<p>(b) F83[where the consent of a person is necessary] and has not been given, if the High Court has made an order\u2014<\/p>\n<p>(i) under section 31 (3) (b) authorising the Authority to dispense with consent as described in that provision, or<\/p>\n<p>(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F83<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 34, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E48<br \/>\nPrevious 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.<\/p>\n<p>Transfer of child from State for purpose of adoption in receiving state.<\/p>\n<p>80.\u2014 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\u2014<\/p>\n<p>(a) the requirements of the agreement as to consents to the adoption have been satisfied,<\/p>\n<p>(b) the Central Authority of the receiving state has\u2014<\/p>\n<p>(i) determined that the prospective adopters are eligible and suited to adopt,<\/p>\n<p>(ii) ensured that the prospective adopters have been counselled as may be necessary, and<\/p>\n<p>(iii) determined that the child is or will be authorised to enter and reside permanently in the receiving state,<\/p>\n<p>(c) the Authority has decided, in accordance with the agreement, that the child should be entrusted to the prospective adopters,<\/p>\n<p>(d) the Central Authority of the receiving state has approved that decision, and<\/p>\n<p>(e) the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.<\/p>\n<p>Chapter 3<\/p>\n<p>Arrangement in Exceptional Case with a Non-Contracting State<\/p>\n<h4>Exceptional case involving specific child.<\/h4>\n<p>81.\u2014 (1) The Authority may enter into an arrangement with a non-contracting state that is not a party to a bilateral agreement if\u2014<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(c) the prospective adopters are relatives of the child, and<\/p>\n<p>(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.<\/p>\n<p>(2) An arrangement made under subsection (1) may not be used by the Authority for the purpose of\u2014<\/p>\n<p>(a) an adoption under an adoption order, or<\/p>\n<p>(b) the recognition of an intercountry adoption effected outside the State,<\/p>\n<p>other than the adoption or the recognition of the adoption of the specific child to whom the arrangement relates.<\/p>\n<p>Chapter 4<\/p>\n<p>Duty to Inform State about Adopted Child First Entering State<\/p>\n<h4>Duty to inform F84[Child and Family Agency] and Authority of child\u2019s entry.<\/h4>\n<p>82.\u2014 (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\u2019s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.<\/p>\n<p>(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\u2019s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F84<br \/>\nSubstituted (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.<\/p>\n<p>SCHEDULE 2<\/p>\n<p>Section 3(1) (definition of \u201cHague Convention\u201d) and section 3(2).<\/p>\n<h2>Text of Hague Convention<\/h2>\n<p>Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption<\/p>\n<p>(Concluded 29 May 1993)<\/p>\n<p>(Entered into force 1 May 1995)<\/p>\n<p>The States signatory to the present Convention,<\/p>\n<p>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,<\/p>\n<p>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,<\/p>\n<p>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,<\/p>\n<p>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,<\/p>\n<p>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),<\/p>\n<p>Have agreed upon the following provisions\u2014<\/p>\n<p>CHAPTER I<\/p>\n<h4>Scope of the Convention<\/h4>\n<p>Article 1 \u2014 Objects.<\/p>\n<p>The objects of the present Convention are\u2014<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(c) to secure the recognition in Contracting States of adoptions made in accordance with the Convention.<\/p>\n<p>Article 2 \u2014 Application of convention.<\/p>\n<p>(1) The Convention shall apply where a child habitually resident in one Contracting State (\u201cthe State of origin\u201d) has been, is being, or is to be moved to another Contracting State (\u201cthe receiving State\u201d) 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.<\/p>\n<p>(2) The Convention covers only adoptions which create a permanent parent-child relationship.<\/p>\n<p>Article 3 \u2014 When Convention ceases to apply.<\/p>\n<p>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.<\/p>\n<p>CHAPTER II<\/p>\n<h4>Requirements for Intercountry Adoptions<\/h4>\n<p>Article 4 \u2014 When adoption may take place.<\/p>\n<p>An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin\u2014<\/p>\n<p>(a) have established that the child is adoptable;<\/p>\n<p>(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\u2019s best interests;<\/p>\n<p>(c) have ensured that;<\/p>\n<p>(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,<\/p>\n<p>(2) such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing,<\/p>\n<p>(3) the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and<\/p>\n<p>(4) the consent of the mother, where required, has been given only after the birth of the child; and<\/p>\n<p>(a) have ensured, having regard to the age and degree of maturity of the child, that\u2014<\/p>\n<p>(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,<\/p>\n<p>(2) consideration has been given to the child\u2019s wishes and opinions,<\/p>\n<p>(3) the child\u2019s 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<\/p>\n<p>(4) such consent has not been induced by payment or compensation of any kind.<\/p>\n<p>Article 5 \u2014 Further to when adoption may take place.<\/p>\n<p>An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State\u2014<\/p>\n<p>(a) have determined that the prospective adoptive parents are eligible and suited to adopt;<\/p>\n<p>(b) have ensured that the prospective adoptive parents have been counselled as may be necessary; and<\/p>\n<p>(c) have determined that the child is or will be authorized to enter and reside permanently in that State.<\/p>\n<p>CHAPTER III<\/p>\n<h4>Central Authorities and Accredited Bodies<\/h4>\n<p>Article 6 \u2014 Designation and appointment of Central Authorities.<\/p>\n<p>(1) A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.<\/p>\n<p>(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.<\/p>\n<p>Article 7 \u2014 Co-operation among Central Authorities.<\/p>\n<p>(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.<\/p>\n<p>(2) They shall take directly all appropriate measures to\u2014<\/p>\n<p>(a) provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms;<\/p>\n<p>(b) keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application.<\/p>\n<p>Article 8 \u2014 No improper financial or other gain in adoption.<\/p>\n<p>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.<\/p>\n<p>Article 9 \u2014 Duty of Central Authorities to take appropriate measures.<\/p>\n<p>Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to\u2014<\/p>\n<p>(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;<\/p>\n<p>(b) facilitate, follow and expedite proceedings with a view to obtaining the adoption;<\/p>\n<p>(c) promote the development of adoption counselling and post-adoption services in their States;<\/p>\n<p>(d) provide each other with general evaluation reports about experience with intercountry adoption;<\/p>\n<p>(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.<\/p>\n<p>Article 10 \u2014Accreditation only to competent bodies.<\/p>\n<p>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.<\/p>\n<p>Article 11 \u2014 Requirements for accredited bodies.<\/p>\n<p>An accredited body shall\u2014<\/p>\n<p>(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;<\/p>\n<p>(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<\/p>\n<p>(c) be subject to supervision by competent authorities of that State as to its composition, operation and financial situation.<\/p>\n<p>Article 12 \u2014 When accredited body in one contracting state may act in another.<\/p>\n<p>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.<\/p>\n<p>Article 13 \u2014 Communication of Central Authorities designations to Permanent Bureau of Hague Conference on Private International Law.<\/p>\n<p>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.<\/p>\n<p>CHAPTER IV<\/p>\n<h4>Procedural Requirements in Intercountry Adoption<\/h4>\n<p>Article 14 \u2014 Application for adoption to Central Authority.<\/p>\n<p>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.<\/p>\n<p>Article 15 \u2014 Report by Central Authority of receiving State.<\/p>\n<p>(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.<\/p>\n<p>(2) It shall transmit the report to the Central Authority of the State of origin.<\/p>\n<p>Article 16 \u2014 Report by Central Authority of State of origin.<\/p>\n<p>(1) If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall\u2014<\/p>\n<p>(a) prepare a report including information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child\u2019s family, and any special needs of the child;<\/p>\n<p>(b) give due consideration to the child\u2019s upbringing and to his or her ethnic, religious and cultural background;<\/p>\n<p>(c) ensure that consents have been obtained in accordance with Article 4; and<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Article 17 \u2014 When State of origin may entrust child to prospective adoptive parents.<\/p>\n<p>Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if\u2014<\/p>\n<p>(a) the Central Authority of that State has ensured that the prospective adoptive parents agree;<\/p>\n<p>(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;<\/p>\n<p>(c) the Central Authorities of both States have agreed that the adoption may proceed; and<\/p>\n<p>(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.<\/p>\n<p>Article 18 \u2014 Central Authorities to obtain permissions for child to leave state of origin.<\/p>\n<p>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.<\/p>\n<p>Article 19 \u2014 Requirements for transfer of child to receiving State.<\/p>\n<p>(1) The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Article 20 \u2014 Central authorities to keep each other informed.<\/p>\n<p>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.<\/p>\n<p>Article 21 \u2014 Measures by Central Authority for child protection after transfer to receiving State.<\/p>\n<p>(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\u2019s best interests, such Central Authority shall take the measures necessary to protect the child, in particular\u2014<\/p>\n<p>(a) to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care;<\/p>\n<p>(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;<\/p>\n<p>(c) as a last resort, to arrange the return of the child, if his or her interests so require.<\/p>\n<p>(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.<\/p>\n<p>Article 22 \u2014 Performance of Central Authority functions by public authorities and accredited bodies.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) meet the requirements of integrity, professional competence, experience and accountability of that State; and<\/p>\n<p>(b) are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>CHAPTER V<\/p>\n<h4>Recognition and Effects of the Adoption<\/h4>\n<p>Article 23 \u2014 Recognition of adoption certified by competent authority of State of adoption.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Article 24 \u2014 Refusal of recognition of adoption in Contracting State if against public policy.<\/p>\n<p>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.<\/p>\n<p>Article 25 \u2014 Special provision for Article 39 adoptions.<\/p>\n<p>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.<\/p>\n<p>Article 26 \u2014 Matters included in recognition of adoptions.<\/p>\n<p>(1) The recognition of an adoption includes recognition of<\/p>\n<p>(a) the legal parent-child relationship between the child and his or her adoptive parents;<\/p>\n<p>(b) parental responsibility of the adoptive parents for the child;<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Article 27 \u2014 Conversion of adoptions in State of origin to adoptions terminating pre-existing legal parent-child relationships.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) if the law of the receiving State so permits; and<\/p>\n<p>(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.<\/p>\n<p>(2) Article 23 applies to the decision converting the adoption.<\/p>\n<p>CHAPTER VI<\/p>\n<h4>General Provisions<\/h4>\n<p>Article 28 \u2014 Certain laws of States of origin not affected by Convention.<\/p>\n<p>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\u2019s placement in, or transfer to, the receiving State prior to adoption.<\/p>\n<p>Article 29 \u2014 Conditions respecting contact with prospective adoptive parents.<\/p>\n<p>There shall be no contact between the prospective adoptive parents and the child\u2019s 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.<\/p>\n<p>Article 30 \u2014 Protecting information concerning child\u2019s origin.<\/p>\n<p>(1) The competent authorities of a Contracting State shall ensure that information held by them concerning the child\u2019s origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.<\/p>\n<p>(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.<\/p>\n<p>Article 31 \u2014 Limitation on use of personal data.<\/p>\n<p>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.<\/p>\n<p>Article 32 \u2014 No improper financial or other gain in intercountry adoption.<\/p>\n<p>(1) No one shall derive improper financial or other gain from an activity related to an intercountry adoption.<\/p>\n<p>(2) Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid.<\/p>\n<p>(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.<\/p>\n<p>Article 33 \u2014 Duty of competent authority concerning respect for Convention.<\/p>\n<p>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.<\/p>\n<p>Article 34 \u2014 Right to certified translation of a document and its cost.<\/p>\n<p>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.<\/p>\n<p>Article 35 \u2014 Competent authorities to act expeditiously.<\/p>\n<p>The competent authorities of the Contracting States shall act expeditiously in the process of adoption.<\/p>\n<p>Article 36 \u2014 Where State has two or more systems of law in different territorial units.<\/p>\n<p>In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units\u2014<\/p>\n<p>(a) any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;<\/p>\n<p>(b) any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;<\/p>\n<p>(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;<\/p>\n<p>(d) any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.<\/p>\n<p>Article 37 \u2014 Where State has two or more systems of law applicable to different categories of persons.<\/p>\n<p>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.<\/p>\n<p>Article 38 \u2014 Further in relation to State with different territorial units.<\/p>\n<p>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.<\/p>\n<p>Article 39 \u2014 Provision for international instruments on matters governed by Convention.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Article 40 \u2014 No reservation to Convention.<\/p>\n<p>No reservation to the Convention shall be permitted.<\/p>\n<p>Article 41 \u2014 Application pursuant to Article 14 after Convention in force.<\/p>\n<p>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.<\/p>\n<p>Article 42 \u2014 Regularly convening Special Commission to review Convention.<\/p>\n<p>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.<\/p>\n<p>CHAPTER VII<\/p>\n<h4>Final Clauses<\/h4>\n<p>Article 43 \u2014 Special provision respecting Hague Conference on Private International Law.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Article 44 \u2014 Accession to Hague Convention.<\/p>\n<p>(1) Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1.<\/p>\n<p>(2) The instrument of accession shall be deposited with the depositary.<\/p>\n<p>(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.<\/p>\n<p>Article 45 \u2014 Special provision for States with two or more territorial units.<\/p>\n<p>(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.<\/p>\n<p>(2) Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.<\/p>\n<p>(3) If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.<\/p>\n<p>Article 46 \u2014 When Convention enters into force.<\/p>\n<p>(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.<\/p>\n<p>(2) Thereafter the Convention shall enter into force\u2014<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>Article 47 \u2014 Denunciation of Convention by State party to it.<\/p>\n<p>(1) A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.<\/p>\n<p>(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.<\/p>\n<p>Article 48 \u2014 Depositary to provide information to States members of the Hague Conference on Private International Law, et al.<\/p>\n<p>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\u2014<\/p>\n<p>(a) the signatures, ratifications, acceptances and approvals referred to in Article 43;<\/p>\n<p>(b) the accessions and objections raised to accessions referred to in Article 44;<\/p>\n<p>(c) the date on which the Convention enters into force in accordance with Article 46;<\/p>\n<p>(d) the declarations and designations referred to in Articles 22, 23, 25 and 45;<\/p>\n<p>(e) the agreements referred to in Article 39;<\/p>\n<p>(f) the denunciations referred to in Article 47.<\/p>\n<p>In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.<\/p>\n<p>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.<\/p>\n<p>S.I. No. 521\/2010 &#8211;<\/p>\n<h2>Adoption Act 2010 (Register of Intercountry Adoptions) Regulations 2010.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 5th November, 2010.<\/p>\n<p>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:<\/p>\n<p>1. These regulations may be cited as the Adoption Act 2010 (Register of Intercountry Adoptions) Regulations 2010.<\/p>\n<p>2. These regulations come into operation on 3 November 2010.<\/p>\n<p>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.<\/p>\n<p>SCHEDULEForm of, and particulars to be contained in, entries in Register of Intercountry Adoptions<\/p>\n<p>The columns of the register of intercountry adoptions shall contain the following particulars\u2014<\/p>\n<p>(a) in relation to the adopted child:<\/p>\n<p>Ainm \/ Name,<\/p>\n<p>Sloinne \/ Surname,<\/p>\n<p>D\u00e1ta bhreithe \/ Date of birth,<\/p>\n<p>Gn\u00e9as \/ Sex,<\/p>\n<p>T\u00edr bhreithe \/ Country of birth,<\/p>\n<p>D\u00e1ta an orduithe ucht\u00e1la agus an t\u00edr ina ndearnadh \/ Date of adoption order and country where effected,<\/p>\n<p>D\u00e1ta a meastar go ndearnadh an t-ord\u00fa ucht\u00e1la \/ Date adoption order deemed to have been made;<\/p>\n<p>(b) in relation to each of the adoptive parents:<\/p>\n<p>Ainm \/ Name,<\/p>\n<p>Sloinne \/ Surname,<\/p>\n<p>Sloinne breithe \/ Birth surname,<\/p>\n<p>Sloinnte roimhe seo \/ Former surnames,<\/p>\n<p>Sl\u00ed bheatha \/ Occupation,<\/p>\n<p>Seoladh \/ Address,<\/p>\n<p>Uimhir an taifid \/ No. of entry,<\/p>\n<p>D\u00e1ta an taifid, agus \/Date of entry, and<\/p>\n<p>S\u00edni\u00fa Oifigeach \u00dadaraithe \u00dadar\u00e1s Ucht\u00e1la na h\u00c9ireann \/ Signature of Authorised Officer of Adoption Authority.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my hand,<\/p>\n<p>3 November 2010.<\/p>\n<p>BARRY ANDREWS,<\/p>\n<p>Minister of State at the Department of Health and Children.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This Note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These regulations set out the form and particulars to be contained in entries in the register of intercountry adoptions.<\/p>\n<p>S.I. No. 534\/2015 &#8211;<\/p>\n<h2>Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) Regulations 2015.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 27th November, 2015.<\/p>\n<p>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:<\/p>\n<p>1. These Regulations may be cited as the Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) Regulations 2015.<\/p>\n<p>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.<\/p>\n<p>SCHEDULE<\/p>\n<p>Form of, and particulars to be contained in, entries in register of gender recognition of intercountry adoptions<\/p>\n<p>The columns of the REGISTER OF GENDER RECOGNITION OF INTERCOUNTRY ADOPTIONS shall contain the following particulars\u2014<\/p>\n<p>(a) in relation to the adopted child:<\/p>\n<p>Ainm \/ Name,<\/p>\n<p>Sloinne \/ Surname,<\/p>\n<p>D\u00e1ta bhreithe \/ Date of birth,<\/p>\n<p>Gn\u00e9as \/ Sex,<\/p>\n<p>T\u00edr bhreithe \/ Country of birth,<\/p>\n<p>D\u00e1ta an orduithe ucht\u00e1la agus an t\u00edr ina ndearnadh \/ Date of adoption<\/p>\n<p>order and country where effected,<\/p>\n<p>D\u00e1ta a meastar go ndearnadh an t-ord\u00fa ucht\u00e1la \/ Date adoption order<\/p>\n<p>deemed to have been made;<\/p>\n<p>(b) in relation to each of the adoptive parents:<\/p>\n<p>Ainm \/ Name,<\/p>\n<p>Sloinne \/ Surname,<\/p>\n<p>Sloinne breithe \/ Birth surname,<\/p>\n<p>Sloinnte roimhe seo \/ Former surnames,<\/p>\n<p>Sl\u00ed bheatha \/ Occupation,<\/p>\n<p>Seoladh \/ Address,<\/p>\n<p>Uimhir an taifid \/ No. of entry,<\/p>\n<p>D\u00e1ta an taifid, agus \/Date of entry, and<\/p>\n<p>S\u00edni\u00fa Oifigeach \u00dadaraithe \u00dadar\u00e1s Ucht\u00e1la na h\u00c9ireann \/ Signature of Authorised Officer of Adoption Authority.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>24 November 2015.<\/p>\n<p>JAMES REILLY,<\/p>\n<p>Minister for Children and Youth Affairs.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This Note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These regulations set out the form and particulars to be contained in entries in the register of gender recognition of intercountry adoptions.<\/p>\n<p>S.I. No. 8\/2018 &#8211;<\/p>\n<h2>Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) (Fees) Regulations 2018<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 16th January, 2018.<\/p>\n<p>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:<\/p>\n<p>1. These Regulations may be cited as the Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) (Fees) Regulations 2018.<\/p>\n<p>2. These Regulations come into operation on 18 January 2018.<\/p>\n<p>3. In these Regulations \u201cPrincipal Act\u201d means the Adoption Act 2010 (No. 21 of 2010).<\/p>\n<p>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).<\/p>\n<p>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).<\/p>\n<p>(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).<\/p>\n<p>6. The Adoption Act 2010 (Register of Gender Recognition of Intercountry Adoptions) (Fees) Regulations 2017 ( S.I. No. 537 of 2017 ) are revoked.<\/p>\n<p>SCHEDULE<\/p>\n<p>Matters in relation to which Fees Payable (1)<\/p>\n<p>Amount of Fee Payable (2)<\/p>\n<p>1. Search of index to the register specified in Regulation 4<\/p>\n<p>\u20ac0<\/p>\n<p>2. Certified copy or certified extract of an entry in the register specified in Regulation 5(1)<\/p>\n<p>\u20ac20<\/p>\n<p>3. Uncertified copy of an entry in the register specified in Regulation 5(2)<\/p>\n<p>\u20ac4<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>11 January 2018.<\/p>\n<p>KATHERINE ZAPPONE,<\/p>\n<p>Minister for Children and Youth Affairs.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These Regulations prescribe the fees required to be paid for\u2014<\/p>\n<p>\u2022 obtaining copies or extracts of entries in the register of gender recognition of intercountry adoptions, and<\/p>\n<p>\u2022 searching the index of the register of gender recognition of intercountry adoptions.<\/p>\n<p>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.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11626\" data-postid=\"11626\" class=\"themify_builder_content themify_builder_content-11626 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Inter-Country Adoptions In stark contrast to earlier times, most adoptions now constitute inter-country adoptions. The Adoption Authority must recognise and register adoptions that satisfy the conditions in the legislation. The Authority maintains the register of foreign adoptions. Within three months of the child entering the State after an inter-country adoption from another state, the adopters [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[107],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11626"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11626"}],"version-history":[{"count":16,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11626\/revisions"}],"predecessor-version":[{"id":33208,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11626\/revisions\/33208"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11626"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11626"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11626"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}