{"id":29015,"date":"2023-11-11T12:45:03","date_gmt":"2023-11-11T12:45:03","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29015"},"modified":"2024-03-16T16:31:50","modified_gmt":"2024-03-16T16:31:50","slug":"accredited-bodies","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/accredited-bodies\/","title":{"rendered":"Accredited Bodies"},"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\/accredited-bodies\/#Register_of_Accredited_Bodies\" title=\"Register of Accredited Bodies\">Register of Accredited Bodies<\/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\/accredited-bodies\/#Renewal_of_registration\" title=\"Renewal of registration.\">Renewal of registration.<\/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\/accredited-bodies\/#Cancellation_of_registration\" title=\"Cancellation of registration\">Cancellation of registration<\/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\/accredited-bodies\/#Duty_to_notify_of_registration_decisions\" title=\"Duty to notify of registration decisions.\">Duty to notify of registration decisions.<\/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\/accredited-bodies\/#Accredited_bodies_to_furnish_information\" title=\"Accredited bodies to furnish information\">Accredited bodies to furnish information<\/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\/accredited-bodies\/#Appeals_from_decisions_relating_to_registration\" title=\"Appeals from decisions relating to registration.\">Appeals from decisions relating to registration.<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/accredited-bodies\/2\/#ADOPTION_ACT_2010\" title=\"ADOPTION ACT 2010\">ADOPTION ACT 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-8\" href=\"https:\/\/legalblog.ie\/accredited-bodies\/2\/#Restrictions_on_making_arrangements_for_adoption\" title=\"Restrictions on making arrangements for adoption.\">Restrictions on making arrangements for adoption.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/accredited-bodies\/2\/#Register_of_accredited_bodies\" title=\"Register of accredited bodies.\">Register of accredited bodies.<\/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\/accredited-bodies\/2\/#Registration_of_accredited_bodies\" title=\"Registration of accredited bodies.\">Registration of accredited bodies.<\/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\/accredited-bodies\/2\/#Renewal_of_registration-2\" title=\"Renewal of registration.\">Renewal of registration.<\/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\/accredited-bodies\/2\/#Cancellation_of_registration_for_failure_to_apply_for_renewal\" title=\"Cancellation of registration for failure to apply for renewal.\">Cancellation of registration for failure to apply for renewal.<\/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\/accredited-bodies\/2\/#Cancellation_of_registration_for_other_reasons\" title=\"Cancellation of registration for other reasons.\">Cancellation of registration for other reasons.<\/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\/accredited-bodies\/2\/#Amendment_of_registration\" title=\"Amendment of registration.\">Amendment of registration.<\/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\/accredited-bodies\/2\/#Duty_to_notify_of_registration_decisions-2\" title=\"Duty to notify of registration decisions.\">Duty to notify of registration decisions.<\/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\/accredited-bodies\/2\/#Accredited_bodies_to_furnish_information_to_Authority_and_permit_inspection_of_their_records\" title=\"Accredited bodies to furnish information to Authority and permit inspection of their records.\">Accredited bodies to furnish information to Authority and permit inspection of their records.<\/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\/accredited-bodies\/2\/#Appeals_Respecting_Registration_of_Accredited_Bodies\" title=\"Appeals Respecting Registration of Accredited Bodies\">Appeals Respecting Registration of Accredited Bodies<\/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\/accredited-bodies\/2\/#Appeals_from_decisions_relating_to_registration-2\" title=\"Appeals from decisions relating to registration.\">Appeals from decisions relating to registration.<\/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-19\" href=\"https:\/\/legalblog.ie\/accredited-bodies\/2\/#Adoption_Act_2010_Accredited_Bodies_Regulations_2010\" title=\"Adoption Act 2010 (Accredited Bodies) Regulations 2010.\">Adoption Act 2010 (Accredited Bodies) 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-20\" href=\"https:\/\/legalblog.ie\/accredited-bodies\/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-21\" href=\"https:\/\/legalblog.ie\/accredited-bodies\/2\/#Adoption_Act_2010_Section_134_Forms_Regulations_2010\" title=\"Adoption Act 2010 (Section 134) (Forms) Regulations 2010.\">Adoption Act 2010 (Section 134) (Forms) 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-22\" href=\"https:\/\/legalblog.ie\/accredited-bodies\/2\/#EXPLANATORY_NOTE-2\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Register_of_Accredited_Bodies\"><\/span>Register of Accredited Bodies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>he Adoption Societies Register kept the\u00a0Adoption Act 1952\u00a0by An Bord Ucht\u00e1la is continued in being and, on and is to be known as the register of accredited bodies, and\u00a0 kept and maintained under this Act by the Authority.<\/p>\n<p>Entries in the register of accredited bodies shall be in the form and contain the particulars required.\u00a0 The register of accredited bodies shall be made available for inspection by any person at all reasonable times.<\/p>\n<p>The Authority shall enter in the register of accredited bodies\u2014<\/p>\n<ul>\n<li>the name of any body of persons that applies to be registered and furnishes to the Authority such information as the Authority considers necessary to determine if the body of persons is entitled to be registered,<\/li>\n<li>particulars of the activity or activities in respect of which the body of persons is registered, and<\/li>\n<li>particulars of the state or states of origin to which the registration relates in any case where the registration of the body of persons is for any such activity or activities related to the adoption or maintenance of a child whose state of origin is\u2014another contracting state, or a state that has a bilateral agreement with the State.<\/li>\n<\/ul>\n<p>The Authority shall not register in the register of accredited bodies any body of persons in respect of any activity or activities unless satisfied that the body of persons meets the requirements prescribed for the time being un respect of that activity, those activities or any combination of those activities.<\/p>\n<p>The Authority may refuse to register in the register of accredited bodies any body of persons in respect of any activity or activities\u2014<\/p>\n<ul>\n<li>if that body of persons does not meet the requirements referred to \u00a0that are applicable to that body of persons, or<\/li>\n<li>if it appears to the Authority that any person who\u2014takes part in the management or control of the body of persons, or is engaged on behalf of the body of persons in connection with that activity, which is\u00a0not a fit and proper person to act in that regard.<\/li>\n<\/ul>\n<p>A body of persons that is registered in the register of accredited bodies in respect ofone or more of the activities specified is disqualified for registration in respect of any other activity.<\/p>\n<p>On registering a body of persons in the register of accredited bodies, the Authority shall issue to the body of persons a certificate of registration specifying the activity or activities for which that body of persons is registered, and if the body of persons is registered for any activity or activities specified irelated to the adoption or maintenance of a child whose state of origin is\u00a0 another contracting state, or a state that has a bilateral agreement with the State, the state or states of origin to which the registration relates.<\/p>\n<p>The Authority\u2014<\/p>\n<ul>\n<li>may authorise an accredited body to act in another state, and<\/li>\n<li>subject to any applicable provision of a bilateral agreement, may authorise an accredited body to act in a state that has entered into a bilateral agreement with the State.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Renewal_of_registration\"><\/span>Renewal of registration.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The period of registration of an accredited body is 5 years from the date of registration. An accredited body may apply for renewal of registration for further periods, each of which shall not exceed 3 years.<\/p>\n<p>An accredited body shall furnish to the Authority such information as the Authority considers necessary to determine whether the registration of the body should be renewed. The application provisions apply in relation to an application for renewal of registration as those\u00a0 apply in relation to an application for registration.<\/p>\n<p>A term of renewal of registration, including a renewal pursuant to an application for renewal of registration , takes effect from the expiry of the previous registration.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cancellation_of_registration\"><\/span>Cancellation of registration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If an accredited body does not apply for renewal of registration when it is required to do so, the Authority shall inform the accredited body by notice in writing that its registration will be cancelled one month after the date of the notice unless an application for renewal of registration is received within that month.\u00a0If the accredited body does not apply for renewal of registration within one month of the date of the notice , the Authority shall cancel the body\u2019s registration.<\/p>\n<p>The Authority may cancel the registration of an accredited body in respect of any or all of the activities for which it is registered if\u2014<\/p>\n<ul>\n<li>there are grounds on which the Authority would be entitled or required to refuse an application for the registration of the accredited body,<\/li>\n<li>it appears to the Authority that this Act is not, or the regulations are not, being complied with by the accredited body, or<\/li>\n<li>an offence under this Act is committed by the accredited body or by any person acting on its behalf.<\/li>\n<\/ul>\n<p>The Authority may amend an entry in the register of accredited bodies relating to an accredited body if the Authority considers the amendment necessary or desirable in the circumstances.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Duty_to_notify_of_registration_decisions\"><\/span>Duty to notify of registration decisions.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the Authority proposes in respect of an activity to\u2014<\/p>\n<ul>\n<li>refuse to register an applicant in the register of accredited bodies,<\/li>\n<li>refuse to renew the registration of an accredited body,<\/li>\n<li>amend the registration of an accredited body, or<\/li>\n<li>cancel the registration of an accredited body,<\/li>\n<\/ul>\n<p>in respect of that activity, the Authority shall give written notice to the applicant or the accredited body concerned of the proposal and of the reasons for it.<\/p>\n<p>The notice of the Authority\u2019s proposal shall include a statement that the applicant or accredited body concerned may make representations in writing to the Authority within 21 days of receiving the notice.The Authority\u2014<\/p>\n<ul>\n<li>before any decision on a proposal of which notice is given , shall take into consideration any representations made to the Authority by the applicant or accredited body concerned within the 21 days referred to i, and<\/li>\n<li>on carrying out the proposal, shall give written notice to the applicant or accredited body of the Authority\u2019s decision and of the reasons for the decision.<\/li>\n<\/ul>\n<p>The notice of the Authority\u2019s decision shall include a statement that the applicant or accredited body concerned may appeal the decision to the District Court within 21 days of receiving the notice.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Accredited_bodies_to_furnish_information\"><\/span>Accredited bodies to furnish information<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An accredited body, every officer of the accredited body and every other person taking part in its management or control shall\u2014<\/p>\n<ul>\n<li>furnish the Authority with such information as the Authority may from time to time by notice in writing require with regard to the accredited body\u2019s constitution, membership, employees, organisation and activities, and<\/li>\n<li>at all reasonable times permit a member or employee of the Authority authorised by the Authority to inspect and make copies of all books and documents relating to adoption that are under the control of the accredited body.<\/li>\n<\/ul>\n<p>The Authority shall cause to be published in\u00a0<em>Iris Oifigi\u00fail<\/em>\u00a0a notice in the prescribed form of every registration and cancellation of registration in the register of accredited bodies.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appeals_from_decisions_relating_to_registration\"><\/span>Appeals from decisions relating to registration.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any body of persons may appeal to the District Court against a decision of the Authority un\u00a0respect of an activity\u2014<\/p>\n<ul>\n<li>to refuse to register in the register of accredited bodies that body of persons,<\/li>\n<li>to refuse to renew the registration of that body of persons in the register of accredited bodies,<\/li>\n<li>to amend the registration of that body of persons in the register of accredited bodies, or<\/li>\n<li>to cancel the registration of that body of persons in the register of accredited bodies,<\/li>\n<\/ul>\n<p>in respect of that activity.<\/p>\n<p>The appeal shall be brought not later than 21 days after the body of persons concerned receives written notice of the decision and notice of the appeal shall be given by that body of persons to the Authority. After hearing the appeal, the District Court may confirm the decision under appeal, or\u00a0direct the Authority, as may be appropriate, in respect of the activity concerned\u2014<\/p>\n<ul>\n<li>to register the body of persons in the register of accredited bodies,<\/li>\n<li>to renew the registration of the body of persons,<\/li>\n<li>to withdraw the amendment of the registration, or<\/li>\n<li>to restore the cancelled registration.<\/li>\n<\/ul>\n<p>A decision of the District Court on a matter of fact is final.<\/p>\n<p>The Authority is entitled to be given notice of an appeal, and \u00a0to appear, be heard and adduce evidence at the hearing of the appeal.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ADOPTION ACT 2010<\/h2>\n<p>Registration of Accredited Bodies<\/p>\n<p>Chapter 1<\/p>\n<p>Arrangements for Adoption<\/p>\n<h4>Restrictions on making arrangements for adoption.<\/h4>\n<p>125.\u2014 (1) A person shall not\u2014<\/p>\n<p>(a) make or attempt to make an arrangement for the adoption of a child,<\/p>\n<p>(b) for the purpose of having a child adopted\u2014<\/p>\n<p>(i) retain the child in the person\u2019s custody, or<\/p>\n<p>(ii) arrange to have the child retained in the custody of another person, or<\/p>\n<p>(c) take part in the management or control of a body of persons which exists wholly or partly for the purpose of making arrangements for adoption.<\/p>\n<p>(2) A person shall not give a child, or cause a child to be given, to another person for the purpose of having the child adopted unless\u2014<\/p>\n<p>(a) the first-mentioned person is a parent of the child, and<\/p>\n<p>F98[(b) the person who intends to adopt the child is\u2014<\/p>\n<p>(i) a parent of the child,<\/p>\n<p>(ii) a relative of the child,<\/p>\n<p>(iii) the spouse of the parent of a child,<\/p>\n<p>(iv) the civil partner of the parent of a child, or<\/p>\n<p>(v) the cohabitant of a parent of the child, where the cohabitant and that parent are a cohabiting couple.]<\/p>\n<p>F99[(3) A person shall not receive a child for the purpose of adopting the child unless the person is\u2014<\/p>\n<p>(a) a parent of the child,<\/p>\n<p>(b) a relative of the child,<\/p>\n<p>(c) the spouse of a parent of the child,<\/p>\n<p>(d) the civil partner of a parent of the child,<\/p>\n<p>(e) the cohabitant of a parent of the child where the cohabitant and that parent are a cohabiting couple, or<\/p>\n<p>(f) a person with whom a child is placed by an accredited body or the Child and Family Agency.]<\/p>\n<p>(4) Notwithstanding subsections (1) and (2), the F100[Child and Family Agency] may carry out any of the activities described in those subsections.<\/p>\n<p>(5) Notwithstanding subsections (1) and (2), an accredited body may carry out any of the activities described in those subsections in respect of which the accredited body is registered in the register of accredited bodies.<\/p>\n<p>(6) Notwithstanding subsection (1)(a), a person may carry out an activity described in paragraph (g), (h) or (i) of section 4 so long as that person is not also carrying out an activity described in paragraphs (a) to (f), (j) or (k) of that section or any of the activities described in section 5.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F98<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 38(a), S.I. No. 443 of 2017.<\/p>\n<p>F99<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 38(b), S.I. No. 443 of 2017.<\/p>\n<p>F100<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>Editorial Notes:<\/p>\n<p>E55<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 131, 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>E56<br \/>\nPrevious affecting provision: subs. (3)(d) amended (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; substituted as per F-note above.<\/p>\n<p>Chapter 2<\/p>\n<p>Register of Accredited Bodies<\/p>\n<h4>Register of accredited bodies.<\/h4>\n<p>126.\u2014 (1) The Adoption Societies Register kept under section 35 of the Adoption Act 1952 by An Bord Ucht\u00e1la is continued in being and, on and after the establishment day, is to be\u2014<\/p>\n<p>(a) known as the register of accredited bodies, and<\/p>\n<p>(b) kept and maintained under this Act by the Authority.<\/p>\n<p>(2) Entries in the register of accredited bodies shall be in the form and contain the particulars required under section 127.<\/p>\n<p>(3) The register of accredited bodies shall be made available for inspection by any person at all reasonable times.<\/p>\n<p>(4) Every document purporting to be a copy of or extract from an entry in the register of accredited bodies and purporting to be certified by the chief executive officer to be a true copy of or extract from the register of accredited bodies shall\u2014<\/p>\n<p>(a) be received in evidence in any legal proceedings, and<\/p>\n<p>(b) until the contrary is proved, be deemed to be a true copy of or extract from such entry, and to be evidence of such entry,<\/p>\n<p>without proof of the signature of the chief executive officer.<\/p>\n<h4>Registration of accredited bodies.<\/h4>\n<p>127.\u2014 (1) Subject to this section, the Authority shall enter in the register of accredited bodies\u2014<\/p>\n<p>(a) the name of any body of persons that applies to be registered and furnishes to the Authority such information as the Authority considers necessary to determine if the body of persons is entitled to be registered,<\/p>\n<p>(b) particulars of the activity or activities in respect of which the body of persons is registered, and<\/p>\n<p>(c) particulars of the state or states of origin to which the registration relates in any case where the registration of the body of persons is for any such activity or activities related to the adoption or maintenance of a child whose state of origin is\u2014<\/p>\n<p>(i) another contracting state, or<\/p>\n<p>(ii) a state that has a bilateral agreement with the State.<\/p>\n<p>(2) The Authority shall not register in the register of accredited bodies any body of persons in respect of any activity or activities unless satisfied that the body of persons meets the requirements prescribed for the time being under section 151 in respect of that activity, those activities or any combination of those activities.<\/p>\n<p>(3) The Authority may refuse to register in the register of accredited bodies any body of persons in respect of any activity or activities\u2014<\/p>\n<p>(a) if that body of persons does not meet the requirements referred to in subsection (2) that are applicable to that body of persons, or<\/p>\n<p>(b) if it appears to the Authority that any person who\u2014<\/p>\n<p>(i) takes part in the management or control of the body of persons, or<\/p>\n<p>(ii) is engaged on behalf of the body of persons in connection with that activity,<\/p>\n<p>is not a fit and proper person to act in that regard.<\/p>\n<p>(4) A body of persons that is registered in the register of accredited bodies in respect of\u2014<\/p>\n<p>(a) one or more of the activities specified in paragraphs (e) to (g) of section 4, or<\/p>\n<p>(b) an activity specified in section 5 (b),<\/p>\n<p>is disqualified for registration in respect of any other activity.<\/p>\n<p>(5) On registering a body of persons in the register of accredited bodies, the Authority shall issue to the body of persons a certificate of registration specifying\u2014<\/p>\n<p>(a) the activity or activities for which that body of persons is registered, and<\/p>\n<p>(b) if the body of persons is registered for any activity or activities specified in section 4 or 5 related to the adoption or maintenance of a child whose state of origin is\u2014<\/p>\n<p>(i) another contracting state, or<\/p>\n<p>(ii) a state that has a bilateral agreement with the State,<\/p>\n<p>the state or states of origin to which the registration relates.<\/p>\n<p>(6) Notwithstanding any other provision of this section, the Authority\u2014<\/p>\n<p>(a) under Article 12 (which relates to when an accredited body in one contracting state may act in another), may authorise an accredited body to act in another state, and<\/p>\n<p>(b) subject to any applicable provision of a bilateral agreement, may authorise an accredited body to act in a state that has entered into a bilateral agreement with the State.<\/p>\n<h4>Renewal of registration.<\/h4>\n<p>128.\u2014 (1) Subject to section 130, the period of registration of an accredited body is 5 years from the date of registration.<\/p>\n<p>(2) Subject to any regulations made under section 151, an accredited body may apply for renewal of registration for further periods, each of which shall not exceed 3 years.<\/p>\n<p>(3) An accredited body shall furnish to the Authority such information as the Authority considers necessary to determine whether the registration of the body should be renewed.<\/p>\n<p>(4) Subsections (2), (3) and (4) of section 127 apply in relation to an application for renewal of registration as those subsections apply in relation to an application for registration.<\/p>\n<p>(5) A term of renewal of registration, including a renewal pursuant to an application for renewal of registration referred to in section 129, takes effect from the expiry of the previous registration.<\/p>\n<h4>Cancellation of registration for failure to apply for renewal.<\/h4>\n<p>129.\u2014 (1) If an accredited body does not apply for renewal of registration when it is required by section 128 to do so, the Authority shall inform the accredited body by notice in writing that its registration will be cancelled one month after the date of the notice unless an application for renewal of registration is received within that month.<\/p>\n<p>(2) If the accredited body does not apply for renewal of registration within one month of the date of the notice under subsection (1), the Authority shall cancel the body\u2019s registration.<\/p>\n<h4>Cancellation of registration for other reasons.<\/h4>\n<p>130.\u2014 The Authority may cancel the registration of an accredited body in respect of any or all of the activities for which it is registered if\u2014<\/p>\n<p>(a) there are grounds on which the Authority would be entitled or required to refuse an application for the registration of the accredited body,<\/p>\n<p>(b) it appears to the Authority that this Act is not, or the regulations under section 151 are not, being complied with by the accredited body, or<\/p>\n<p>(c) an offence under this Act is committed by the accredited body or by any person acting on its behalf.<\/p>\n<h4>Amendment of registration.<\/h4>\n<p>131.\u2014 The Authority may amend an entry in the register of accredited bodies relating to an accredited body if the Authority considers the amendment necessary or desirable in the circumstances.<\/p>\n<h4>Duty to notify of registration decisions.<\/h4>\n<p>132.\u2014 (1) Where the Authority proposes in respect of an activity to\u2014<\/p>\n<p>(a) refuse to register an applicant in the register of accredited bodies,<\/p>\n<p>(b) refuse to renew the registration of an accredited body,<\/p>\n<p>(c) amend the registration of an accredited body, or<\/p>\n<p>(d) cancel the registration of an accredited body,<\/p>\n<p>in respect of that activity, the Authority shall give written notice to the applicant or the accredited body concerned of the proposal and of the reasons for it.<\/p>\n<p>(2) The notice of the Authority\u2019s proposal shall include a statement that the applicant or accredited body concerned may make representations in writing to the Authority within 21 days of receiving the notice.<\/p>\n<p>(3) The Authority\u2014<\/p>\n<p>(a) before any decision on a proposal of which notice is given under subsection (1), shall take into consideration any representations made to the Authority by the applicant or accredited body concerned within the 21 days referred to in subsection (2), and<\/p>\n<p>(b) on carrying out the proposal, shall give written notice to the applicant or accredited body of the Authority\u2019s decision and of the reasons for the decision.<\/p>\n<p>(4) The notice of the Authority\u2019s decision shall include a statement that the applicant or accredited body concerned may appeal the decision to the District Court within 21 days of receiving the notice.<\/p>\n<h4>Accredited bodies to furnish information to Authority and permit inspection of their records.<\/h4>\n<p>133.\u2014 An accredited body, every officer of the accredited body and every other person taking part in its management or control shall\u2014<\/p>\n<p>(a) furnish the Authority with such information as the Authority may from time to time by notice in writing require with regard to the accredited body\u2019s constitution, membership, employees, organisation and activities, and<\/p>\n<p>(b) at all reasonable times permit a member or employee of the Authority authorised by the Authority to inspect and make copies of all books and documents relating to adoption that are under the control of the accredited body.<\/p>\n<p>Notices in Iris Oifigi\u00fail of registration and cancellation.<\/p>\n<p>134.\u2014 The Authority shall cause to be published in Iris Oifigi\u00fail a notice in the prescribed form of every registration and cancellation of registration in the register of accredited bodies.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E57<br \/>\nForm of notice prescribed for purposes of section (14.12.2010) by Adoption Act 2010 (Section 134) (Forms) Regulations 2010 (S.I. No. 597 of 2010), reg. 3 and sch., in effect as per reg. 4.<\/p>\n<p>Chapter 3<\/p>\n<h4>Appeals Respecting Registration of Accredited Bodies<\/h4>\n<h4>Appeals from decisions relating to registration.<\/h4>\n<p>135.\u2014 (1) Any body of persons may appeal to the District Court against a decision of the Authority under section 132, in respect of an activity\u2014<\/p>\n<p>(a) to refuse to register in the register of accredited bodies that body of persons,<\/p>\n<p>(b) to refuse to renew the registration of that body of persons in the register of accredited bodies,<\/p>\n<p>(c) to amend the registration of that body of persons in the register of accredited bodies, or<\/p>\n<p>(d) to cancel the registration of that body of persons in the register of accredited bodies,<\/p>\n<p>in respect of that activity.<\/p>\n<p>(2) The appeal shall be brought not later than 21 days after the body of persons concerned receives written notice of the decision and notice of the appeal shall be given by that body of persons to the Authority.<\/p>\n<p>(3) After hearing the appeal, the District Court may\u2014<\/p>\n<p>(a) confirm the decision under appeal, or<\/p>\n<p>(b) direct the Authority, as may be appropriate, in respect of the activity concerned\u2014<\/p>\n<p>(i) to register the body of persons in the register of accredited bodies,<\/p>\n<p>(ii) to renew the registration of the body of persons,<\/p>\n<p>(iii) to withdraw the amendment of the registration, or<\/p>\n<p>(iv) to restore the cancelled registration.<\/p>\n<p>(4) A decision of the District Court under this section on a matter of fact is final.<\/p>\n<p>(5) The Authority is entitled\u2014<\/p>\n<p>(a) to be given notice of an appeal under this section, and<\/p>\n<p>(b) to appear, be heard and adduce evidence at the hearing of the appeal.<\/p>\n<p>S.I. No. 524\/2010 &#8211;<\/p>\n<h2>Adoption Act 2010 (Accredited Bodies) Regulations 2010.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 9th 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 151 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 ) and after consultation with the Adoption Authority of Ireland, hereby make the following regulations:<\/p>\n<p>Citation, collective citation and construction<\/p>\n<p>1. (1) These regulations may be cited as the Adoption Act 2010 (Accredited Bodies) Regulations 2010.<\/p>\n<p>(2) The Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2010 ( S.I. No. 519 of 2010 ), Adoption Act 2010 (Pre-Placement Consultation Procedure) Regulations 2010 ( S.I. No. 520 of 2010 ), Adoption Act 2010 (Register of Intercountry Adoptions) Regulations 2010 ( S.I. No. 521 of 2010 ) and these regulations shall be construed as one and may be cited as the Adoption Regulations 2010.<\/p>\n<p>Commencement<\/p>\n<p>2. These Regulations come into operation on 4 November 2010.<\/p>\n<p>Requirements for registration in register of accredited bodies<\/p>\n<p>3. The Authority shall not register any body of persons in the register of accredited bodies in respect of any activity unless satisfied that the body of persons meets the requirements set out in Regulations 5 to 9 in respect of that activity.<\/p>\n<p>Entries in register of accredited bodies<\/p>\n<p>4. The form of, and the particulars to be contained in, the entries in the register of accredited bodies are set out in the Schedule.<\/p>\n<p>Structure, obligations, etc. of accredited body<\/p>\n<p>5. (1)(a) The Authority shall satisfy itself that the organisational structure of an accredited body is in a position to perform the functions for which it is seeking registration.<\/p>\n<p>(b) Members of the body\u2019s board of directors and staff shall have a background, expertise, qualifications and experience of the standard required by the Authority.<\/p>\n<p>(2) The Memorandum and Articles of Association of the body shall provide that it is to be solely concerned with assisting in the adoption process on a not for profit basis.<\/p>\n<p>(3) Its directors shall not receive compensation, other than reasonable reimbursement, as approved by the Authority, for expenses incurred by them.<\/p>\n<p>(4)(a) Employees or agents of the body, or consultants or independent contractors engaged by it, may receive reasonable remuneration for services actually rendered.<\/p>\n<p>(b) In determining what is reasonable remuneration, the Authority shall take into consideration the location where the person concerned is based, number of staff, workload requirements, size in financial terms of the body and norms in relation to remuneration applicable in other adoption agencies or in comparable child welfare agencies.<\/p>\n<p>(5) No actual or promised payment or other consideration, except payment of agreed salaries or of fees agreed for services actually rendered to an accredited body, may be made by the body to any person directly or indirectly involved in the provision of an adoption service, whether the person is acting as an employee or agent of the body, a consultant or an independent contractor.<\/p>\n<p>(6) An accredited body shall, in engaging any person to provide a service, do so only on a fee-for-service basis.<\/p>\n<p>(7) An accredited body shall have a written policy prohibiting involvement in any activity or programme which could be construed or used as an inducement to ensure a supply of children for adoption and shall ensure operation and enforcement of the policy.<\/p>\n<p>(8) An accredited body shall observe and comply with the terms of any international adoption agreements entered into by the State.<\/p>\n<p>(9) An accredited body shall maintain contact, as appropriate to its functions, with the Authority, national central authorities in other countries and other organisations and bodies involved in the adoption process.<\/p>\n<p>(10) An accredited body shall report, on request, to the Authority on the body\u2019s activities, including any functions which should be performed by the accredited body but which it has delegated to other bodies or persons, and shall furnish the information so requested in a timely manner.<\/p>\n<p>(11) An accredited body shall facilitate and cooperate with any inspection of its activities by the Authority.<\/p>\n<p>(12) An accredited body shall provide to the Authority any information, documentation and statistical data requested by the Authority.<\/p>\n<p>(13)(a) An accredited body shall disclose to the Authority any investigations, criminal charges or convictions, and any revocations or suspensions or other changes in licensing or accreditation status by authorities in the State or any other jurisdiction, that may have occurred in relation to adoption services provided by the accredited body or any such services provided to the accredited body by a third party.<\/p>\n<p>(b) Such disclosure shall be made to the Authority by the accredited body within five working days of any such matter coming to the attention of the body.<\/p>\n<p>(14) An accredited body shall disclose to the Authority, at the time of application for registration or renewal of registration, any past or pending investigations, criminal charges, convictions, malpractice, complaints or lawsuits, and any revocations or suspensions or other changes in licensing or accreditation status by authorities in the State or any other jurisdiction, that may have occurred in relation to services provided by the body.<\/p>\n<p>(15) An accredited body shall have appropriate policies and procedures to enable it to provide an adoption service in accordance with the standards provided for in the Hague Convention, the Adoption Act 2010 and any regulations made under that Act.<\/p>\n<p>(16)(a) Anaccredited body shall provide the range of adoption services in respect of which it is registered in the register of accredited bodies, either directly or through agencies acting under contract to it or under its control and supervision and for whom it takes responsibility.<\/p>\n<p>(b) The manner in which those services are to be provided shall be set out in the body\u2019s written policies.<\/p>\n<p>(17) An accredited body shall have a written policy in regard to proposed ratios of cases on hand per member of its professionally qualified social worker staff providing adoption services.<\/p>\n<p>(18) An accredited body shall provide adoption services only in accordance with written policies and procedures approved by the Authority.<\/p>\n<p>(19)(a) Anaccredited body shall regularly and systematically review its adoption services to ensure adherence to appropriate standards and best practice, using methods appropriate to its size and circumstances.<\/p>\n<p>(b) The body shall carry out ongoing reviews of its operations and, in particular, ensure that its structure of payments and fees is within acceptable norms.<\/p>\n<p>(20)(a) An accredited body shall, on request, make available to members of the public information on its policies, procedures, activities and services and on the fees charged for adoption services.<\/p>\n<p>(b) In particular, an accredited body shall, when requested, disclose fully and in writing:<\/p>\n<p>(i) its policies and procedures, including general eligibility criteria, fees (including forms of payments and receipting systems) and the respective rights and responsibilities of\u2014<\/p>\n<p>(I) the prospective adoptive parents,<\/p>\n<p>(II) birth parents,<\/p>\n<p>(III) adopted persons,<\/p>\n<p>(IV) adoptive parents, and<\/p>\n<p>(V) the accredited body as provider of an adoption service;<\/p>\n<p>(ii) the agreement, or a sample of the agreement, that the individuals referred to in clause (i) are expected to sign should they wish to proceed.<\/p>\n<p>(21) An accredited body shall ensure\u2014<\/p>\n<p>(a) that its staff are suitably qualified and experienced for the provision of adoption services,<\/p>\n<p>(b) that members of staff, volunteers or other agents are vetted by an appropriate authority before taking up employment with the body, and<\/p>\n<p>(c) that each such member is trained in respect of the activities for which the body is registered in the register of accredited bodies.<\/p>\n<p>Financial reporting, fees and charges<\/p>\n<p>6. (1) An accredited body shall submit audited accounts for each year to the Authority within three months after the end of the year concerned.<\/p>\n<p>(2) An accredited body, or any of its directors or employees, shall not have been convicted of any offence involving financial irregularity or shall not have filed for bankruptcy in the five-year period prior to its application for registration.<\/p>\n<p>(3) An independent auditor shall be appointed by an accredited body to provide an annual audit of its finances.<\/p>\n<p>(4) The auditor\u2019s report shall be made available to the Authority by the accredited body.<\/p>\n<p>(5) An accredited body shall have in place public liability and employer liability insurance policies.<\/p>\n<p>(6) An accredited body shall submit to the Authority for prior approval its schedule of fees and any subsequent increases in fees or additions to the schedule.<\/p>\n<p>(7) An accredited body shall\u2014<\/p>\n<p>(a) disclose fully the fees charged by the body for adoption services\u2014<\/p>\n<p>(i) to the general public on request, and<\/p>\n<p>(ii) to the individuals referred to in Regulation 5(20)(b)(i) on initial contact,<\/p>\n<p>(b) make available to applicants at the outset of the adoption process a written statement of fees and of estimated and actual expenses, and<\/p>\n<p>(c) include in the statement the conditions under which fees and costs may be charged, waived, reduced or refunded and when and how fees are to be paid.<\/p>\n<p>Records of accredited body<\/p>\n<p>7. (1)(a) Subject to the requirements of the Data Protection Acts 1988 and 2003, an accredited body shall establish a records system to record relevant details of individuals referred to in Regulation 5(20)(b)(i) who have retained the accredited body to provide adoption services.<\/p>\n<p>(b) The record shall include:<\/p>\n<p>(i) a copy of applications by those individuals to the accredited body, and<\/p>\n<p>(ii) a copy of any written agreements between them and the body.<\/p>\n<p>(2) An accredited body shall safeguard its records and files.<\/p>\n<p>(3) An accredited body shall ensure that a personnel record is kept of each member of its staff involved in adoption services, containing particulars of his or her professional expertise, qualifications, experience, continuing professional development and vetting record.<\/p>\n<p>(4) An accredited body shall ensure that, in relation to adoption, professional services are performed only by professionally qualified persons with appropriate experience and that those persons are registered with the relevant professional body.<\/p>\n<p>(5) An accredited body shall ensure that, if it enters into a relationship with a body or organisation abroad which already has a relationship with another body accredited by the Authority, there is no conflict of interest involved and that the quality of the service to the user is not compromised.<\/p>\n<p>(6) An accredited body\u2019s records system shall record and preserve all information supplied in relation to the child, including his or her family and medical history.<\/p>\n<p>(7) An accredited body shall provide a copy of its record of the individuals referred to in Regulation 5(20)(b)(i) to the Authority on request.<\/p>\n<p>Services to be provided by an accredited body making arrangements for adoption<\/p>\n<p>8. (1) This Regulation does not apply to accredited bodies registered in respect of an activity mentioned in paragraph (e), (f), (g) or (k) of section 4 of the Adoption Act 2010 .<\/p>\n<p>(2) An accredited body shall disclose fully and in writing the persons with whom the prospective adoptive parent(s) may become involved both in the State and in the child\u2019s country of origin and the respective responsibilities of those persons.<\/p>\n<p>(3) An accredited body shall have a written policy and procedures that determine the order in which prospective adoptive parent(s) are matched to a child.<\/p>\n<p>(4) An accredited body shall have a written policy and procedures that ensure that its board members, employees, agents, consultants, independent contractors or volunteers do not receive preferential placement decisions.<\/p>\n<p>(5)(a) An accredited body shall have a written policy prohibiting money or other consideration from being paid or given or promised in return for placement of a child.<\/p>\n<p>(b) The policy shall state that no individual shall give or promise money or any other consideration, either directly or indirectly, to a child\u2019s parent(s), another individual or an entity as payment for the child or inducement to release the child for placement or adoption.<\/p>\n<p>(c) The policy shall make it clear that only reasonable, required and documented payments may be made for activities related to the adoption process.<\/p>\n<p>(6) An accredited body shall have a written policy that expressly forbids payments for pre-birth medical services being used to influence or persuade natural mothers to give consent to an adoption.<\/p>\n<p>(7) An accredited body shall not have a policy or engage in a practice of requiring prospective adoptive parent(s) to sign any form of waiver or otherwise limit the legal liability or responsibility of the accredited body in connection with the provision of adoption services.<\/p>\n<p>(8) An accredited body shall have a written policy describing its approach to matching a child\u2019s needs with the capabilities of its prospective adopters.<\/p>\n<p>(9)(a) An accredited body shall, before providing an adoption service, identify, itemise and disclose in its agreement with the prospective adoptive parent(s) each separate category of fees and costs to be charged and the adoption expenses, whether arising in the State or in the child\u2019s country of origin, including, as applicable\u2014<\/p>\n<p>(i) translation and document costs,<\/p>\n<p>(ii) travel and accommodation expenses, and<\/p>\n<p>(iii) any contribution to child protection or child welfare services in the child\u2019s country of origin.<\/p>\n<p>(b) The agreement shall specify\u2014<\/p>\n<p>(i) a fixed amount to be contributed by the prospective adoptive parent(s),<\/p>\n<p>(ii) the intended use of the contribution, and<\/p>\n<p>(iii) the manner in which the contribution will be recorded and accounted for.<\/p>\n<p>(10)(a) An accredited body shall have a policy of stating that additional fees, costs or expenses beyond those disclosed at the initiation of an adoption service will not be charged, save in exceptional circumstances where unforeseen additional costs are incurred in the child\u2019s country of origin.<\/p>\n<p>(b) Where such circumstances occur, the accredited body shall\u2014<\/p>\n<p>(i) immediately disclose the additional fees, costs or expenses in writing to the prospective adoptive parent(s),<\/p>\n<p>(ii) obtain the consent of the prospective adoptive parent(s) to incur any additional fees or expenses in excess of \u20ac300, prior to expending any funds,<\/p>\n<p>(iii) provide written receipts for any fees or expenses paid in the child\u2019s country of origin, and<\/p>\n<p>(iv) retain copies of such receipts for inspection by the Authority.<\/p>\n<p>(11) An accredited body shall\u2014<\/p>\n<p>(a) have a written policy of returning any unexpended fees, costs or expenses to the prospective adoptive parent(s) and ensure that the policy is enforced,<\/p>\n<p>(b) provide for prompt itemisation to those parent(s) of all fees, costs or expenses incurred during the process,<\/p>\n<p>(c) where, at any stage in the adoption process, the accredited body becomes aware of any unexpended funds which should be refunded to the prospective adoptive parent(s), ensure that those funds are refunded as soon as practicable,<\/p>\n<p>(d) identify and disclose to those parent(s) in advance any exceptional charge for special services, and fully account to the Authority for any such charge,<\/p>\n<p>(e) record all funds transferred to pay for adoption services provided in other countries,<\/p>\n<p>(f) ensure that direct cash transactions by prospective adoptive parent(s) in breach of these regulations do not occur, and<\/p>\n<p>(g) not pay fees for adoption services in a child\u2019s country of origin which are not in line with normal remuneration levels in that country.<\/p>\n<p>(12)(a) An accredited body shall keep a record of the efforts made to obtain information about prospective adoptive parents and prospective adoptees and, if such information is not obtained, a record of why it was not obtained.<\/p>\n<p>(b) The accredited body shall forward any such information obtained\u2014<\/p>\n<p>(i) about prospective adoptive parents, to the relevant authorities in the child\u2019s country of origin, and<\/p>\n<p>(ii) about prospective adoptees, to the relevant authorities and those parents.<\/p>\n<p>(13) An accredited body shall keep a file on each case containing all information obtained about a child and copies of all documents presented on the entry of the child into the State.<\/p>\n<p>(14) An accredited body shall assist prospective adoptive parents in relation to the procedures to be followed in both the child\u2019s country of origin and the State for the placement and adoption of the child in its country of origin and for acquiring the documentation necessary for admitting the child into the State.<\/p>\n<p>(15) An accredited body shall forward notification of a placement, with supporting documentation, to the Authority.<\/p>\n<p>(16) An accredited body shall provide prospective adoptive parent(s) with a timeframe for the completion of the adoption process and shall keep them informed of progress.<\/p>\n<p>(17) An accredited body shall comply with requests for information on an adoption with which it is involved from authorities in the child\u2019s country of origin.<\/p>\n<p>(18) An accredited body shall match the child\u2019s needs with the capacities of the prospective adoptive parent(s) as described in their assessment report.<\/p>\n<p>(19)(a) An accredited body shall use the assessment report for the purpose of matching the capacities of the prospective adoptive parent(s) with the child\u2019s identified needs.<\/p>\n<p>(b) The matching process shall\u2014<\/p>\n<p>(i) be conducted on the basis of full information regarding the child\u2019s emotional, medical, developmental and other needs being available to the body,<\/p>\n<p>(ii) provide the prospective adoptive parent(s) with a sufficient amount of time, taking into account the child\u2019s age and best interests, to consider carefully the needs of the child and their capacity to meet those needs and to obtain their own independent medical review of the medical information and other descriptive information, including any video recording or photograph of the child: any such recording or photograph should indicate the date on which it was made or taken,<\/p>\n<p>(iii) not involve the placing of pressure on those prospective adoptive parent(s),<\/p>\n<p>(iv) be undertaken by professionally qualified staff in accordance with best international practice and any directives issued by the Authority, and<\/p>\n<p>(v) be the subject of a formal report to the Authority.<\/p>\n<p>(c) If the prospective adoptive parent(s) agree to proceed with the placement or adoption, the report should be submitted by the accredited body to the Authority for approval before the placement or adoption proceeds further.<\/p>\n<p>(20)(a) The report mentioned in paragraph (19)(b)(v) shall include\u2014<\/p>\n<p>(i) relevant consents obtained in the child\u2019s country of origin,<\/p>\n<p>(ii) summary information on the child, including age and date of birth,<\/p>\n<p>(iii) a medical report on the child,<\/p>\n<p>(iv) summary information on the applicants, including age and assessment recommendations,<\/p>\n<p>(v) full details regarding the matching process, including the process employed and a statement of costs for all aspects of the process, and<\/p>\n<p>(vi) verification, by means of documentation from the relevant authorities in the child\u2019s country of origin\u2014<\/p>\n<p>(I) that the child has been properly relinquished by the birth parent(s) or guardian(s),<\/p>\n<p>(II) that other suitable arrangements, in the best interests of the child, did not exist in that country, and<\/p>\n<p>(III) that those authorities have agreed to the placement of the child with the prospective adoptive parents.<\/p>\n<p>(b) Where an adoption does not take place, the accredited body shall return the originals of all documents concerning the child to the central authority in the child\u2019s country of origin.<\/p>\n<p>(21) An accredited body shall require that the individual in the child\u2019s country of origin who is responsible for obtaining medical or social information on the child on its behalf uses all reasonable efforts to obtain all available information on the medical and social history of the child, including:<\/p>\n<p>(a) evidence that consents have been obtained in accordance with Article 4 of the 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption;<\/p>\n<p>(b) a determination by the relevant authorities in the country of origin, on the basis of reports on the child and prospective adoptive parents, in relation to whether the envisaged placement is in the best interests of the child;<\/p>\n<p>(c) a report on the child, including information about his or her identity, eligibility for adoption, social environment, family history, medical history and any special needs and also about the medical history of the child\u2019s family;<\/p>\n<p>(d) consideration of the child\u2019s upbringing and his or her ethnic, religious and cultural background;<\/p>\n<p>(e) the date of, and medical condition of the child on admission to care; growth data, developmental status at the time of referral and history of any significant illnesses, hospitalisations or changes in the child\u2019s condition since entry into care;<\/p>\n<p>(f) the name, address and qualifications of the person performing the medical examination of the child;<\/p>\n<p>(g) the date(s) of any such medical examination(s);<\/p>\n<p>(h) identification of any references, descriptions or observations made by any individual other than the examining physician that are included in the information on the medical and social history of the child provided under this paragraph, clearly identifying his or her source and training and stating whether those observations are objective or subjective;<\/p>\n<p>(i) information about the entry of the child into the most recent and any other previous form of care;<\/p>\n<p>(j) a review of any hospitalisations of the child and accurate information about any significant illnesses and the full range of tests performed on the child, including tests addressing known health and medical risk factors in the child\u2019s country of origin, and current health information;<\/p>\n<p>(k) significant events in the course of the care of the child and their effects (if known) and the reasons or causes of such events.<\/p>\n<p>(22) An accredited body shall obtain and provide the prospective adoptive parent(s) with a copy of the medical records of the child (which shall, where appropriate, be accompanied by an English language translation of those records) at least two weeks prior to the date on which the prospective adoptive parent(s) travel to the child\u2019s country of origin with a view to completing all procedures in that country relating to the adoption.<\/p>\n<p>(23)(a) An accredited body, on request, shall supply prospective adoptive parent(s) with contact information, where available, relating to the medical practitioner who prepared the medical report.<\/p>\n<p>(b) The information shall be made available by the body to any medical practitioner engaged by those parent(s).<\/p>\n<p>(24) An accredited body shall ensure that the meeting between the prospective adoptive parent(s) and the child is designed to facilitate the transfer of the child in accordance with best practice.<\/p>\n<p>(25) An accredited body shall make every effort to arrange for the prospective adoptive parent(s) to meet with the birth parent(s) and, as far as possible, shall endeavour to collect any relevant video recordings, photographs or other information concerning places and people of importance in the child\u2019s life.<\/p>\n<p>Making arrangements for adoption with agencies and persons outside the State<\/p>\n<p>9. This Regulation does not apply to accredited bodies registered in respect of an activity mentioned in paragraph (e), (f), (g) or (k) of section 4 of the Adoption Act 2010 .<\/p>\n<p>(2) An accredited body shall abide by the laws of any other country relating to the entities that may provide adoption services in that country.<\/p>\n<p>(3) If the other country requires the exclusive use of bodies it has accredited or public authorities for the provision of adoption services, the accredited body shall use only those entities.<\/p>\n<p>(4)(a) An accredited body shall use the public authorities or bodies accredited by the other country as far as possible, even where exclusive use of those authorities or bodies for adoption purposes is not required by that country.<\/p>\n<p>(b) Where such use is not so required, an accredited body may, if permitted by the other country, use other agencies and persons only where they act under the direct supervision of the authority or body accredited by the other country and that authority or body assumes responsibility for their actions.<\/p>\n<p>(5) An accredited body shall not work with any agency or person outside the State whose accreditation has been revoked or which is the subject of an investigation by the relevant authorities or has been the subject of other negative sanctions.<\/p>\n<p>(6) An accredited body shall require that any agency or person outside the State with which it proposes to work discloses in advance and on an ongoing basis information in relation to any of the following matters affecting it:<\/p>\n<p>(a) any debarments by the accreditation authorities from providing adoption services, as well as the reasons therefor;<\/p>\n<p>(b) any other business or activity carried out by it or its management that may be, or may appear to be, inconsistent with its ability to conduct adoption services in a manner consistent with the Hague Convention;<\/p>\n<p>(c) any disciplinary actions by the accreditation authorities and the basis for such actions;<\/p>\n<p>(d) any past or pending investigations, criminal charges, convictions, malpractice, complaints or lawsuits;<\/p>\n<p>(e) any complaints made and any prior conduct of its employees or representatives that resulted in disciplinary proceedings and the outcome of those proceedings;<\/p>\n<p>(f) any offence involving financial irregularities.<\/p>\n<p>(7) An accredited body shall ensure that any agency or person with whom it is making arrangements for adoption\u2014<\/p>\n<p>(a) provides the adoption service in compliance with the terms of the Hague Convention,<\/p>\n<p>(b) has a written policy\u2014<\/p>\n<p>(i) providing that no individual shall give or promise money or other consideration, whether directly or indirectly, to the child\u2019s parent(s) or any other individual or entity as payment for the child or inducement to release the child,<\/p>\n<p>(ii) making it clear that only reasonable and itemised payments for activities relating to the adoption process, such as pre-birth medical treatment, care of the child or the provision of child welfare or child protection services, may be made in respect of the adoption, and<\/p>\n<p>(iii) providing that employees of the agency or person shall be fully familiar with the policy and be trained in relation to it,<\/p>\n<p>(c) complies with international standards in relation to obtaining medical or social information relating to the child, and<\/p>\n<p>(d) where the required information cannot be obtained, records and documents the efforts made to do so, as well as the reasons why the information was not obtainable.<\/p>\n<p>(8) An accredited body shall ensure that an agency or person in the child\u2019s country of origin with whom it proposes to work has a bond or liability insurance sufficient to cover the liability and risks involved in providing adoption services.<\/p>\n<p>(9) An accredited body shall enter into a written agreement with the agency or person in the child\u2019s country of origin with whom it proposes to work and shall ensure that the agreement complies with, and requires observance of, the requirements under the Adoption Act 2010 and these regulations.<\/p>\n<p>Supervisory role of Authority<\/p>\n<p>10. (1) The Authority shall maintain a supervisory role over each accredited body.<\/p>\n<p>(2) The Authority may subject an accredited body to an external evaluation assessment, including an audit of random cases.<\/p>\n<p>(3) The Authority may establish an independent investigation panel to deal with any particular issues that may arise in relation to an accredited body.<\/p>\n<p>(4) The Authority, on request, may access any records of an accredited body, its employees or agents.<\/p>\n<p>(5) An accredited body shall submit to the Authority an annual report in relation to its activities within three months after the end of the year concerned.<\/p>\n<p>SCHEDULE<\/p>\n<p>Form of, and particulars to be contained in, entries in register of accredited bodies<\/p>\n<p>The columns of the register of accredited bodies shall contain the following particulars:<\/p>\n<p>Serial number.<\/p>\n<p>Name of accredited body.<\/p>\n<p>Address of its registered office.<\/p>\n<p>Name and address of its secretary.<\/p>\n<p>Date of registration.<\/p>\n<p>Activity or activities in respect of which the body is registered.<\/p>\n<p>Remarks.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my hand,<\/p>\n<p>4 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 standards which must be met by accredited bodies in order to satisfy the requirements of the Adoption Authority under the Adoption Act 2010 (No. 21 of 2010) for entry in the register of accredited bodies.<\/p>\n<p>S.I. No. 597\/2010 &#8211;<\/p>\n<h2>Adoption Act 2010 (Section 134) (Forms) Regulations 2010.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 17th December, 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 section 150 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 (Section 134) (Forms) Regulations 2010.<\/p>\n<p>2. The collective title \u201cthe Adoption Regulations 2010\u201d includes these regulations.<\/p>\n<p>3. (1) In paragraph (2), \u201cnotice\u201d means the notice of every registration, or cancellation of registration, of an accredited body in the register of accredited bodies which is required by section 134 of the Act to be published by the Authority in Iris Oifigi\u00fail.<\/p>\n<p>(2) The forms of notice are set out in the Schedule.<\/p>\n<p>4. These regulations come into operation on 14th December 2010.<\/p>\n<p>SCHEDULE<\/p>\n<p>NOTICES FOR PUBLICATION IN IRIS OIFIGI\u00daIL UNDER SECTION 134<\/p>\n<p>Form 1<\/p>\n<p>NOTICE OF REGISTRATION OF ACCREDITED BODY<\/p>\n<p>The Adoption Authority has registered&#8230;&#8230;&#8230;.<\/p>\n<p>(name of accredited body) in the register of accredited bodies.<\/p>\n<p>Form 2<\/p>\n<p>NOTICE OF CANCELLATION OF REGISTRATION OF ACCREDITED BODY<\/p>\n<p>The Adoption Authority has cancelled the registration in the register of accredited bodies of &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230; (name of former accredited body).<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my hand,<\/p>\n<p>13 December 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 forms for the notification by the Adoption Authority of the registration of an accredited body or the cancellation of the registration of an accredited body in the register of accredited bodies for the purposes of publication of that information in Iris Oifigi\u00fail.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29015\" data-postid=\"29015\" class=\"themify_builder_content themify_builder_content-29015 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Register of Accredited Bodies he Adoption Societies Register kept the\u00a0Adoption Act 1952\u00a0by An Bord Ucht\u00e1la is continued in being and, on and is to be known as the register of accredited bodies, and\u00a0 kept and maintained under this Act by the Authority. Entries in the register of accredited bodies shall be in the form and [&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\/29015"}],"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=29015"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29015\/revisions"}],"predecessor-version":[{"id":33212,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29015\/revisions\/33212"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29015"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29015"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29015"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}