{"id":29046,"date":"2023-11-11T14:40:32","date_gmt":"2023-11-11T14:40:32","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29046"},"modified":"2024-03-14T08:35:22","modified_gmt":"2024-03-14T08:35:22","slug":"adopting-persons","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/adopting-persons\/","title":{"rendered":"Adopting Persons"},"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\/adopting-persons\/#Visits_and_enquiries\" title=\"Visits and enquiries\">Visits and enquiries<\/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\/adopting-persons\/#Eligible_Adopters\" title=\"Eligible Adopters\">Eligible Adopters<\/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\/adopting-persons\/#Persons_eligible_for_adoption_order_or_recognition_of_intercountry_adoption_effected_outside_State\" title=\"Persons eligible for adoption order or recognition of intercountry adoption effected outside State.\">Persons eligible for adoption order or recognition of intercountry adoption effected outside State.<\/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\/adopting-persons\/#Consent_of_Adopters_Spouse\" title=\"Consent of Adopter&#8217;s Spouse\">Consent of Adopter&#8217;s Spouse<\/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\/adopting-persons\/#Age_and_Residence\" title=\"Age and Residence\">Age and Residence<\/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\/adopting-persons\/#Suitability\" title=\"Suitability\">Suitability<\/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\/adopting-persons\/#Assessment_of_Eligibility\" title=\"Assessment of Eligibility\">Assessment of Eligibility<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/adopting-persons\/#Further_adoption\" title=\"Further adoption\">Further adoption<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/adopting-persons\/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-10\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/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\/adopting-persons\/2\/#References_to_making_arrangements_for_adoption\" title=\"References to making arrangements for adoption.\">References to 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-12\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Supplemental_provisions_to_section_4_in_relation_to_certain_intercountry_adoptions\" title=\"Supplemental provisions to section 4 in relation to certain intercountry adoptions.\">Supplemental provisions to section 4 in relation to certain intercountry adoptions.<\/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\/adopting-persons\/2\/#Placement_of_Children_for_Adoption\" title=\"Placement of Children for Adoption\">Placement of Children for Adoption<\/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\/adopting-persons\/2\/#Visits_and_enquiries_pertaining_to_adoptions\" title=\"Visits and enquiries pertaining to adoptions.\">Visits and enquiries pertaining to adoptions.<\/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\/adopting-persons\/2\/#Placement_of_Children_for_Adoption-2\" title=\"Placement of Children for Adoption\">Placement of Children for Adoption<\/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\/adopting-persons\/2\/#Visits_and_enquiries_pertaining_to_adoptions-2\" title=\"Visits and enquiries pertaining to adoptions.\">Visits and enquiries pertaining to adoptions.<\/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\/adopting-persons\/2\/#Placement_for_Adoption\" title=\"Placement for Adoption\">Placement for Adoption<\/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\/adopting-persons\/2\/#Interpretation-2\" title=\"Interpretation\">Interpretation<\/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\/adopting-persons\/2\/#Placement_of_Children_for_Adoption-3\" title=\"Placement of Children for Adoption\">Placement of Children for Adoption<\/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\/adopting-persons\/2\/#Visits_and_enquiries_pertaining_to_adoptions-3\" title=\"Visits and enquiries pertaining to adoptions.\">Visits and enquiries pertaining to 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\/adopting-persons\/2\/#Restriction_on_placing_child_for_adoption\" title=\"Restriction on placing child for adoption.\">Restriction on placing child for adoption.<\/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\/adopting-persons\/2\/#Explanation_to_mother_or_guardian_as_to_effect_of_adoption\" title=\"Explanation to mother or guardian as to effect of adoption.\">Explanation to mother or guardian as to effect of adoption.<\/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\/adopting-persons\/2\/#Care_of_child_pending_placement\" title=\"Care of child pending placement.\">Care of child pending placement.<\/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\/adopting-persons\/2\/#Right_of_father_who_wishes_to_be_consulted\" title=\"Right of father who wishes to be consulted.\">Right of father who wishes to be consulted.<\/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\/adopting-persons\/2\/#Pre-placement_consultation_procedure\" title=\"Pre-placement consultation procedure.\">Pre-placement consultation procedure.<\/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\/adopting-persons\/2\/#Where_father_not_consulted\" title=\"Where father not consulted.\">Where father not consulted.<\/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\/adopting-persons\/2\/#No_pre-placement_consultation_required\" title=\"No pre-placement consultation required\">No pre-placement consultation required<\/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\/adopting-persons\/2\/#Welfare_of_child\" title=\"Welfare of child.\">Welfare of 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\/adopting-persons\/2\/#Authoritys_power_to_make_adoption_order_or_recognise_intercountry_adoption_effected_outside_State\" title=\"Authority\u2019s power to make adoption order or recognise intercountry adoption effected outside State.\">Authority\u2019s power to make adoption order or recognise intercountry adoption effected outside State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Discontinuance_of_proceedings_for_adoption_order_or_for_recognition_of_intercountry_adoption_effected_outside_State\" title=\"Discontinuance of proceedings for adoption order or for recognition of intercountry adoption effected outside State.\">Discontinuance of proceedings for adoption order or for recognition of intercountry adoption effected outside State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Contribution_by_Child_and_Family_Agency_towards_adoption_expenses\" title=\"Contribution by Child and Family Agency towards adoption expenses.\">Contribution by Child and Family Agency towards adoption expenses.<\/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\/adopting-persons\/2\/#Children_who_may_be_adopted\" title=\"Children who may be adopted.\">Children who may be adopted.<\/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\/adopting-persons\/2\/#Exception_if_child_older_than_7_years\" title=\"Exception if child older than 7 years.\">Exception if child older than 7 years.<\/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\/adopting-persons\/2\/#Correction_of_adoption_order\" title=\"Correction of adoption order.\">Correction of adoption order.<\/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\/adopting-persons\/2\/#Consents_to_adoption_orders\" title=\"Consents to adoption orders.\">Consents to adoption orders.<\/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\/adopting-persons\/2\/#Information_for_persons_about_consenting_to_adoption_orders\" title=\"Information for persons about consenting to adoption orders.\">Information for persons about consenting to adoption orders.<\/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\/adopting-persons\/2\/#Validity_of_consent\" title=\"Validity of consent.\">Validity of consent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Enquiries_on_behalf_of_Authority\" title=\"Enquiries on behalf of Authority.\">Enquiries on behalf of Authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Proceedings_heard_otherwise_than_in_public\" title=\"Proceedings heard otherwise than in public.\">Proceedings heard otherwise than in public.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#High_Court_may_give_custody_of_child_to_prospective_adopters_and_authorise_dispensing_with_consent_to_adoption\" title=\"High Court may give custody of child to prospective adopters and authorise dispensing with consent to adoption.\">High Court may give custody of child to prospective adopters and authorise dispensing with consent to adoption.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Proceedings_heard_otherwise_than_in_public-2\" title=\"Proceedings heard otherwise than in public.\">Proceedings heard otherwise than in public.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Religion\" title=\"Religion.\">Religion.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Eligibility_and_Suitability_to_Adopt\" title=\"Eligibility and Suitability to Adopt\">Eligibility and Suitability to Adopt<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Persons_eligible_for_adoption_order_or_recognition_of_intercountry_adoption_effected_outside_State-2\" title=\"Persons eligible for adoption order or recognition of intercountry adoption effected outside State.\">Persons eligible for adoption order or recognition of intercountry adoption effected outside State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Persons_suitable_for_adoption_order_or_recognition_of_intercountry_adoption_effected_outside_State\" title=\"Persons suitable for adoption order or recognition of intercountry adoption effected outside State.\">Persons suitable for adoption order or recognition of intercountry adoption effected outside State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Adoption_Committees\" title=\"Adoption Committees\">Adoption Committees<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Adoption_committees_of_Child_and_Family_Agency\" title=\"Adoption committees of Child and Family Agency\">Adoption committees of Child and Family Agency<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Application_to_Child_and_Family_Agency_for_Authority_to_issue_declaration_of_eligibility_and_suitability\" title=\"Application to Child and Family Agency for Authority to issue declaration of eligibility and suitability.\">Application to Child and Family Agency for Authority to issue declaration of eligibility and suitability.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Discontinuance_by_applicants_of_proceedings_for_issuance_of_declaration_of_eligibility_and_suitability\" title=\"Discontinuance by applicants of proceedings for issuance of declaration of eligibility and suitability.\">Discontinuance by applicants of proceedings for issuance of declaration of eligibility and suitability.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Recommendation_of_adoption_committee_regarding_issuance_of_declaration_of_eligibility_and_suitability\" title=\"Recommendation of adoption committee regarding issuance of declaration of eligibility and suitability.\">Recommendation of adoption committee regarding issuance of declaration of eligibility and suitability.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Authority_may_issue_declaration_of_eligibility_and_suitability\" title=\"Authority may issue declaration of eligibility and suitability.\">Authority may issue declaration of eligibility and suitability.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Expiration_of_declaration_of_eligibility_and_suitability\" title=\"Expiration of declaration of eligibility and suitability.\">Expiration of declaration of eligibility and suitability.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Proof_of_declaration_of_eligibility_and_suitability\" title=\"Proof of declaration of eligibility and suitability.\">Proof of declaration of eligibility and suitability.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Adoption_Proceedings_Before_the_Authority\" title=\"Adoption Proceedings Before the Authority\">Adoption Proceedings Before the Authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/adopting-persons\/2\/#Hearing_of_applications\" title=\"Hearing of applications.\">Hearing of applications.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Visits_and_enquiries\"><\/span>Visits and enquiries<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Adoption Authority and the Child and Family Agency may authorise a member or employee to visit the homes of the child, the guardian of the child, the applicants for an adoption order or for the recognition of an intercountry adoption and the person having custody of the child for the purpose of an adoption and to make enquiries on the Authority\u2019s behalf.<\/p>\n<p>The Authority shall not make an adoption order or recognise an adoption order effected in another state, unless it is satisfied that the applicant or applicants are suitable to have parental rights and duties in respect of the child, are of good moral character and in good health, and of an age to have a reasonable expectation of being capable throughout the child\u2019s childhood to promote the development and well-being of the child, and have adequate financial means to support the child. The\u00a0 applicant or applicants should be given appropriate information, advice and counselling concerning adoption.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Eligible_Adopters\"><\/span>Eligible Adopters<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The following are eligible<\/p>\n<ul>\n<li>the applicants are a married couple who are living together,<\/li>\n<li>the applicants are civil partners of each other who are living together,<\/li>\n<li>the applicants are a cohabiting couple,,<\/li>\n<li>the applicant is a parent, stepparent or relative of the child,<\/li>\n<li>\u00a0the applicant is the mother or father or a relative of the child, or above that, in the particular circumstances, the adoption is desirable and in the best interests of the child.<\/li>\n<\/ul>\n<p>Where an applicant\u2014<\/p>\n<ul>\n<li>for an adoption order, or<\/li>\n<li>for the recognition of an intercountry adoption effected outside the State, other than an applicant who is the adopted person) any other person having an interest in the matter<\/li>\n<\/ul>\n<p>is a civil partner of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that applicant\u2019s civil partner, given in the manner determined by the Authority unless\u2014<\/p>\n<ul>\n<li>the applicant and the applicant\u2019s civil partner are living apart under a separation agreement,<\/li>\n<li>the civil partner has deserted the applicant, or<\/li>\n<li>conduct on the part of the civil partner results in the applicant, with just cause, leaving the civil partner and living separately and apart from him or her.<\/li>\n<\/ul>\n<p>Where an applicant\u2014<\/p>\n<ul>\n<li>for an adoption order, or<\/li>\n<li>for the recognition of an intercountry adoption effected outside the State, other than an applicant who is the adopted person) any other person having an interest in the matter<\/li>\n<\/ul>\n<p>is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority.,<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Persons_eligible_for_adoption_order_or_recognition_of_intercountry_adoption_effected_outside_State\"><\/span>Persons eligible for adoption order or recognition of intercountry adoption effected outside State.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, unless\u2014<\/p>\n<ul>\n<li>the applicants are a married couple who are living together,<\/li>\n<li>the applicants are civil partners of each other who are living together,<\/li>\n<li>the applicants are a cohabiting couple,<\/li>\n<li>the applicant is a parent, step parent or relative of the child, or<\/li>\n<li>the applicant, notwithstanding that he or she does not fall within the above, satisfies the Authority that, in the particular circumstances, the adoption is desirable and in the best interests of the child. The Authority shall issue policy guidelines respecting the circumstances in which an adoption order in favour of an applicant.<\/li>\n<\/ul>\n<p>Except as above \u00a0the Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, for the adoption of a child by more than one person.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Consent_of_Adopters_Spouse\"><\/span>Consent of Adopter&#8217;s Spouse<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where an applicant for an adoption order is married,\u00a0 the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of the applicant\u2019s spouse, given in the manner determined by the Authority, unless\u2014<\/p>\n<ul>\n<li>the couple are living apart under a decree of judicial separation under section 3 of the Judicial Separation and Family Law Reform Act 1989, a decree or order to like effect that was granted under the law of another jurisdiction and that is recognised in the State, or \u00a0a deed of separation,<\/li>\n<li>the spouse has deserted the applicant, or<\/li>\n<li>conduct on the part of the spouse results in the applicant, with just cause, separating from the spouse and living apart from him or her.<\/li>\n<\/ul>\n<p>Similar provisions apply to civil partners.<\/p>\n<p>Where an applicant\u2014<\/p>\n<ul>\n<li>for an adoption order, or<\/li>\n<li>for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3),<\/li>\n<\/ul>\n<p>is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Age_and_Residence\"><\/span>Age and Residence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Authority shall not make an adoption order, recognise an intercountry adoption effected outside the State, unless\u2014<\/p>\n<ul>\n<li>the applicant and, if the applicants are a married couple, a couple who are civil partners of each other or a cohabiting couple], each of them has attained the age of 21 years, or<\/li>\n<li>the applicants are a married couple, a couple who are civil partners of each other or a cohabiting couple and one of them is parent or a relative of the child and either of them has attained the age of 21 years.<\/li>\n<\/ul>\n<p>The Authority shall not make an adoption order unless the applicant or, if the applicants are a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple, each of them, is habitually resident in the State. This does not does not prevent the Authority, for the purpose of an intercountry adoption effected in the State, from making an adoption order in favour of an applicant who, or, if the applicants are\u00a0 married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of whom, is habitually resident in\u2014<\/p>\n<ul>\n<li>another contracting state,<\/li>\n<li>a state that has a bilateral agreement with the State, or<\/li>\n<li>a state that has an arrangement referred to in section 81 of the Act with the State.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Suitability\"><\/span>Suitability<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Persons suitable for adoption order or recognition of intercountry adoption<\/p>\n<p>The Authority shall not make an adoption order or, recognise an intercountry adoption, unless the Authority is satisfied that the applicant or, if the applicants are a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them\u2014<\/p>\n<ul>\n<li>is a suitable person to have parental rights and duties in respect of the child,<\/li>\n<li>has adequate financial means to support the child,<\/li>\n<li>has been provided with appropriate information, advice and counselling concerning adoption and<\/li>\n<li>is of good moral character, in good health and of an age so that he or she has a reasonable expectation of being capable throughout the child\u2019s childhood of\u2014<\/li>\n<li>fulfilling his or her parental duties in respect of the child,<\/li>\n<li>promoting and supporting the child\u2019s development and well-being,<\/li>\n<li>safeguarding and supporting the child\u2019s welfare,<\/li>\n<li>providing the necessary health, social, educational and other interventions for the child, and<\/li>\n<li>valuing and supporting the child\u2019s needs in relation to his or her identity, and ethnic, religious and cultural background<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Assessment_of_Eligibility\"><\/span>Assessment of Eligibility<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person habitually resident in the State, a step parent, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple,each of whom is habitually resident in the State, may apply to the\u00a0Child and Family Agency for\u2014<\/p>\n<ul>\n<li>an assessment of eligibility and suitability in relation to himself, herself or themselves, and<\/li>\n<li>the issuance by the Authority of a declaration of eligibility and suitability in accordance with that assessment.<\/li>\n<\/ul>\n<p>A person may make an application for an adoption order in respect of a child where, at the date of the application\u2014<\/p>\n<ul>\n<li>the person is a spouse of a parent of the child, \u00a0a civil partner of a parent of the child, or a cohabitant in a cohabiting couple where the other cohabitant is a parent of the child, and<\/li>\n<li>the child, in respect of whom the adoption order is sought, has a home with the child\u2019s parent and that person (in the Adoption Act referred to as a \u2018step parent\u2019), for a continuous period of not less than 2 years.<\/li>\n<\/ul>\n<p>The Authority, having regard to the particular circumstances of the case may accept an application for an adoption order in respect of a child notwithstanding that the child has not a home with the child\u2019s parent and that step parent, for a continuous period of not less than 2 years at the date of the application.\u201d.<\/p>\n<p>The Child and Family Agency shall, as soon as practicable after receipt of notice of disconstinuance may give notice of the discontinuance to\u2014<\/p>\n<ul>\n<li>the Authority,<\/li>\n<li>any adoption committee concerned,<\/li>\n<li>the mother and any other guardian of the child, and<\/li>\n<li>each interested non-guardian of the child.\u201d.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Further_adoption\"><\/span>Further adoption<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a child, in respect of whom an adoption order is in force or an intercountry adoption effected outside the State that has been recognised,is further placed for adoption\u2014<\/p>\n<ul>\n<li>a further adoption order may be made in respect of the child, and<\/li>\n<li>for the purposes of the order, the child concerned shall be taken to be the lawful child of the adopter or adopters in whose favour the first-mentioned adoption order or intercountry adoption effected outside the State was made or recognised, as the case may be.\u201d.<\/li>\n<\/ul>\n<p><!--nextpage--><\/p>\n<p>&nbsp;<\/p>\n<h2>ADOPTION ACT 2010<\/h2>\n<h4>Interpretation.<\/h4>\n<p>3.\u2014 (1) In this Act, unless the context otherwise requires\u2014<\/p>\n<p>\u201caccredited body\u201d means a body of persons whose name is entered in the register of accredited bodies;<\/p>\n<p>F1[\u201cAct of 1964\u201d means the Guardianship of Infants Act 1964;]<\/p>\n<p>F1[\u201dAct of 2010\u201d means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]<\/p>\n<p>F2[\u201dAct of 2015\u201d means the Gender Recognition Act 2015;]<\/p>\n<p>\u201cAdopted Children Register\u201d means the Adopted Children Register maintained by an tArd-Chl\u00e1raitheoir under section 22 of the Adoption Act 1952 and continued in being by section 84;<\/p>\n<p>\u201cAdoption Acts\u201d means the Adoption Acts 1952 to 1998;<\/p>\n<p>\u201cadoption committee\u201d means a committee established by the F3[Child and Family Agency] under section 36;<\/p>\n<p>\u201cadoption order\u201d means an order for the adoption of a child made\u2014<\/p>\n<p>(a) before the establishment day, by An Bord Ucht\u00e1la under the Adoption Acts, or<\/p>\n<p>(b) on or after the establishment day, by the Authority under this Act;<\/p>\n<p>\u201cArticle\u201d, in relation to a numbered Article, means the Article so numbered of the Hague Convention and a reference to a subdivision of a numbered Article shall be read accordingly;<\/p>\n<p>\u201cassessment of eligibility and suitability\u201d, in relation to a person, means an assessment of whether or not the person\u2014<\/p>\n<p>(a) comes within the classes of persons in whose favour an adoption order may by virtue of section 33 be made, and<\/p>\n<p>(b) is under section 34 a suitable person to have parental rights and duties in relation to a child;<\/p>\n<p>\u201cthe Authority\u201d means the body established by section 94;<\/p>\n<p>F4[\u201dbilateral agreement\u201d means an agreement referred to in section 73 entered into by the Government and a non-contracting state concerning intercountry adoption;]<\/p>\n<p>\u201cbilateral agreement adoption\u201d means an adoption\u2014<\/p>\n<p>(a) effected in accordance with a bilateral agreement in a state that is a party to the agreement, and<\/p>\n<p>(b) certified, in accordance with the agreement, by the competent authority of the state of the adoption as having been so effected;<\/p>\n<p>\u201cCentral Authority\u201d means\u2014<\/p>\n<p>(a) in relation to a Convention adoption, the body designated as the Central Authority by a contracting state, under Article 6 (which relates to the designation and appointment of Central Authorities) to perform the functions conferred under the Hague Convention on such authorities,<\/p>\n<p>(b) in relation to a bilateral agreement adoption, a body designated as the Central Authority under that agreement to perform the functions conferred under that agreement on such authorities, and<\/p>\n<p>(c) in relation to an intercountry adoption in the circumstances referred to in section 81, a body designated as the Central Authority under an arrangement under that section to perform the functions conferred under that arrangement on such authorities,<\/p>\n<p>and in each case, in relation to functions performable in the State, means the Authority;<\/p>\n<p>\u201cchief executive officer\u201d means the person appointed to be the chief executive officer of the Authority under section 103;<\/p>\n<p>\u201cchild\u201d means any person who is under the age of 18 years;<\/p>\n<p>F1[\u201dcivil partner\u201d shall be construed in accordance with section 3 of the Act of 2010;<\/p>\n<p>\u201dcohabitant\u201d shall be construed in accordance with section 172(1) of the Act of 2010;<\/p>\n<p>\u201dcohabiting couple\u201d means 2 adults who are cohabitants of each other and who have been living together as cohabitants for a continuous period of not less than 3 years;]<\/p>\n<p>\u201ccontracting state\u201d means a state, other than any state to whose accession to the Hague Convention the State has raised an objection pursuant to Article 44 (which relates to accession to the Hague Convention), in respect of which the Hague Convention has entered into force in accordance with Article 46 and shall be read so that this Act shall have effect in relation to\u2014<\/p>\n<p>(a) if a contracting state has declared under Article 45 (which makes special provision for states with 2 or more territorial units) that the Hague Convention shall extend to one or more than one territorial unit within that state, that unit or those units, and<\/p>\n<p>(b) each other contracting state;<\/p>\n<p>\u201cConvention adoption\u201d means an intercountry adoption effected in accordance with the Hague Convention in a contracting state and for which a certificate under paragraph (1) of Article 23 (which relates to recognition of adoptions certified by the competent authority of the state of adoption) has been provided;<\/p>\n<p>\u201cdeclaration of eligibility and suitability\u201d means a declaration issued by the Authority under section 40;<\/p>\n<p>\u201cdomestic adoption\u201d means the adoption of a child who was habitually resident in the State before his or her adoption by a person or persons habitually resident in the State;<\/p>\n<p>F5[&#8220;donor-conceived child&#8221; has the same meaning as it has in Part 2 of the Children and Family Relationships Act 2015;<\/p>\n<p>&#8220;father&#8221;, in relation to a child, includes a man who is, under section 5 of the Children and Family Relationships Act 2015, a parent of the child where that child is a donor-conceived child;]<\/p>\n<p>\u201cestablishment day\u201d means the establishment day appointed under section 6;<\/p>\n<p>\u201cfinancial year\u201d, in relation to the Authority, means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Authority, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;<\/p>\n<p>F2[\u201dgender recognition certificate\u201d has the same meaning as it has in the Gender Recognition Act 2015;]<\/p>\n<p>\u201cguardian\u201d, in relation to a child, means a person who\u2014<\/p>\n<p>F6[(a) is a guardian of the child pursuant to the Act of 1964, other than a guardian appointed\u2014<\/p>\n<p>(i) under section 6C of that Act where subsection (9) of that section applies to that appointment but the court has not made an order that that person enjoys the rights and responsibilities specified in subsection (11)(f) of that section, or<\/p>\n<p>(ii) under section 6E of that Act, or]<\/p>\n<p>(b) is appointed to be a guardian of the child by\u2014<\/p>\n<p>(i) deed or will, or<\/p>\n<p>(ii) order of a court in the State,<\/p>\n<p>and has not been removed from office;<\/p>\n<p>\u201cHague Convention\u201d means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, 1993, the text of which, subject to subsection (3), is set out for convenience of reference in Schedule 2;<\/p>\n<p>\u201cinterim order\u201d means an order under section 44;<\/p>\n<p>\u201cintercountry adoption\u201d means the adoption of a child habitually resident in a state (the \u201cstate of origin\u201d), whether a contracting state or non-contracting state, who has been, is being or is to be transferred into another state (the \u201creceiving state\u201d)\u2014<\/p>\n<p>(a) after the child\u2019s adoption in the state of origin by a person or persons habitually resident in the receiving state, or<\/p>\n<p>(b) for the purposes of an adoption, in either the receiving state or the state of origin, by a person or persons habitually resident in the receiving state;<\/p>\n<p>\u201cintercountry adoption effected outside the State\u201d means\u2014<\/p>\n<p>(a) an adoption of a child effected outside the State at any time before the establishment day that, at that time, conformed to the definition of \u201cforeign adoption\u201d in section 1 of the Adoption Act 1991,<\/p>\n<p>(b) an adoption, other than an intercountry adoption, of a child effected outside the State at any time on or after the establishment day that conforms to the definition of \u201cforeign adoption\u201d in section 1 of the Adoption Act 1991 as it read on 30 May 1991, or<\/p>\n<p>(c) an intercountry adoption of a child effected outside the State at any time on or after the establishment day that, at that time, is in compliance with the applicable provisions of this Act and the Hague Convention;<\/p>\n<p>\u201clocal authority\u201d has the same meaning as it has in the Local Government Act 2001;<\/p>\n<p>\u201cMinister\u201d means the Minister for Health and Children;<\/p>\n<p>\u201cnon-contracting state\u201d means a state other than a contracting state;<\/p>\n<p>F7[\u2026]<\/p>\n<p>F8[\u201cparent\u201d means, in relation to a child\u2014<\/p>\n<p>(a) the mother or father of the child, or<\/p>\n<p>F9[(b) a woman (other than the mother) who is, under section 5 of the Children and Family Relationships Act 2015, a parent of the child where that child is a donor-conceived child,]<\/p>\n<p>and includes an adopter of the child;]<\/p>\n<p>\u201cpersonal public service number\u201d has the meaning assigned to it by section 262 of the Social Welfare (Consolidation) Act 2005;<\/p>\n<p>\u201cprescribed\u201d means prescribed by the Minister by regulations under this Act;<\/p>\n<p>\u201creceiving state\u201d, in relation to an intercountry adoption, means the state in which the prospective adopters of a child are habitually resident;<\/p>\n<p>\u201cregister of accredited bodies\u201d means the register kept under section 35 of the Adoption Act 1952 as the Adoption Societies Register and continued in being under section 126 as the register of accredited bodies;<\/p>\n<p>F2[\u201dregister of gender recognition of intercountry adoptions\u201d means the register established under section 91A;]<\/p>\n<p>\u201cregister of intercountry adoptions\u201d means the register established under section 6 of the Adoption Act 1991 as the Register of Foreign Adoptions and continued in being under section 90 as the register of intercountry adoptions;<\/p>\n<p>\u201crelative\u201d, in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether of the whole blood, of the half-blood or by affinity and includes the spouse of any such person, F10[relationship to the child being traced through a parent of that child];<\/p>\n<p>F11[\u201crelevant non-guardian\u201d means, in relation to a child\u2014<\/p>\n<p>(a) a father of the child who is not a guardian of the child pursuant to the Act of 1964,<\/p>\n<p>F12[(b) a parent of the child under section 5 of the Children and Family Relationships Act 2015 who is not a guardian pursuant to the Act of 1964,]<\/p>\n<p>(c) a person who is appointed as a guardian of the child pursuant to section 6C of the Act of 1964 where subsection (9) of that section applies to that appointment but in respect of which the court has not made an order that the person enjoys the rights and responsibilities specified in subsection (11)(f) of that section, or<\/p>\n<p>(d) a person appointed by the court to be a temporary guardian of the child under section 6E of the Act of 1964;]<\/p>\n<p>\u201cstate of origin\u201d, in relation to a child, means the state in which the child is habitually resident before\u2014<\/p>\n<p>(a) his or her adoption, or<\/p>\n<p>(b) his or her proposed adoption,<\/p>\n<p>by a person habitually resident in another state.<\/p>\n<p>F1[\u201dstep parent\u201d has the meaning assigned to it by section 37;]<\/p>\n<p>(2) In this Act, references to adopters shall, where the context so requires, include references to an adopter.<\/p>\n<p>(3) In Schedule 2, in a head note to a numbered Article, the descriptor following the number\u2014<\/p>\n<p>(a) is not part of the Hague Convention, and<\/p>\n<p>(b) shall be considered to have been added editorially for convenience of reference only.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 3(a), S.I. No. 443 of 2017.<\/p>\n<p>F2<br \/>\nInserted (4.09.2015) by Gender Recognition Act 2015 (25\/2015), s. 32, S.I. No. 369 of 2015.<\/p>\n<p>F3<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>F4<br \/>\nSubstituted (31.07.2011) by Child Care (Amendment) Act 2011 (19\/2011), s. 49(a), commenced on enactment.<\/p>\n<p>F5<br \/>\nInserted (4.05.2020) by Adoption (Amendment) Act 2017 (19\/2017), s. 3(a), S.I. No. 80 of 2020.<\/p>\n<p>F6<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 3(c), S.I. No. 443 of 2017.<\/p>\n<p>F7<br \/>\nDeleted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 3(e), S.I. No. 443 of 2017.<\/p>\n<p>F8<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 3(b), S.I. No. 443 of 2017.<\/p>\n<p>F9<br \/>\nSubstituted (4.05.2020) by Adoption (Amendment) Act 2017 (19\/2017), s. 3(b), S.I. No. 80 of 2020.<\/p>\n<p>F10<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 3(d), S.I. No. 443 of 2017.<\/p>\n<p>F11<br \/>\nInserted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 3(a), S.I. No. 443 of 2017.<\/p>\n<p>F12<br \/>\nInserted (4.05.2020) by Adoption (Amendment) Act 2017 (19\/2017), s. 3(a), S.I. No. 80 of 2020.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E9<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 102, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<h4>References to making arrangements for adoption.<\/h4>\n<p>4.\u2014 In this Act, references to the making of arrangements for the adoption of a child (whether a domestic adoption or an intercountry adoption) shall be read as including references to the following activities:<\/p>\n<p>(a) making any agreement or arrangement for, or facilitating, the adoption or maintenance of the child by any person;<\/p>\n<p>(b) initiating or taking part in any negotiations the purpose or effect of which is the making of any such agreement or arrangement;<\/p>\n<p>(c) causing another person to initiate or take part in any such negotiations;<\/p>\n<p>(d) offering to enter into negotiations on behalf of the child\u2019s parents or prospective adopters for the purpose of arranging an adoption;<\/p>\n<p>(e) carrying out or making any arrangement for the carrying out of an assessment of eligibility and suitability;<\/p>\n<p>(f) preparing reports on assessments of eligibility and suitability;<\/p>\n<p>(g) providing information, advice and counselling concerning adoption to any prospective adopters;<\/p>\n<p>(h) providing information, advice and counselling concerning adoption to a mother or guardian who proposes to place a child for adoption;<\/p>\n<p>(i) providing information and advice concerning the child\u2019s medical or other status in connection with adoption;<\/p>\n<p>(j) placing a child with any prospective adopters;<\/p>\n<p>(k) one or more of the following:<\/p>\n<p>(i) assisting\u2014<\/p>\n<p>(I) adopted persons (18 years of age or over) in tracing their F13[parents] or other relatives, and<\/p>\n<p>(II) F13[parents] or other relatives (18 years of age or over) of adopted persons in tracing the adopted persons;<\/p>\n<p>(ii) counselling the persons described in subparagraph (i);<\/p>\n<p>(iii) mediating between adopted persons described in subparagraph (i) and F13[parents] or other relatives, both as described in that subparagraph.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F13<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 4, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E10<br \/>\nAdoption Act 2010 (Accredited Bodies) Regulations 2010 (S.I. No. 524 of 2010), regs. 8 and 9, confirmed not applicable to accredited bodies registered in respect of an activity mentioned in pars. (e), (f), (g) or (k) of section (4.11.2010) by Adoption Act 2010 (Accredited Bodies) Regulations 2010 (S.I. No. 524 of 2010), regs. 8(1) and 9(1), in effect as per reg. 2.<\/p>\n<p>E11<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 103, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<h4>Supplemental provisions to section 4 in relation to certain intercountry adoptions.<\/h4>\n<p>5.\u2014 In addition but without prejudice to section 4, in this Act, references to making arrangements for the adoption of a child shall be read in relation to an intercountry adoption as including references to the following activities:<\/p>\n<p>(a) contacting, directly or indirectly in connection with an intercountry adoption, any person, institution or authority in the child\u2019s state of origin that is authorised by that state to make arrangements for adoption;<\/p>\n<p>(b) preparing pre-adoption reports for the purpose of Article 20 (which relates to Central Authorities keeping each other informed) or of any provision of a bilateral agreement;<\/p>\n<p>(c) transmitting to the Central Authority in the child\u2019s state of origin the declaration of eligibility and suitability together with the assessment report prepared under section 37 and the recommendation made under section 39.<\/p>\n<p>Chapter 2<\/p>\n<h4>Placement of Children for Adoption<\/h4>\n<h4>Visits and enquiries pertaining to adoptions.<\/h4>\n<p>F15[12.\u2014 The Authority may authorise a member or employee of the Authority or of the Child and Family Agency to\u2014<\/p>\n<p>(a) visit the homes of the child, the guardians of the child, the applicants for an adoption order or the recognition of an intercountry adoption effected outside the State and the person having custody of the child for the purposes of an adoption, and<\/p>\n<p>(b) make enquiries on behalf of the Authority.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 5, S.I. No. 443 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E14<br \/>\nPrevious affecting provision: subs. (2) substituted by Children and Family Relationships Act 2015 (9\/2015), s. 105, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<p>Chapter 2<\/p>\n<h4>Placement of Children for Adoption<\/h4>\n<h4>Visits and enquiries pertaining to adoptions.<\/h4>\n<p>F15[12.\u2014 The Authority may authorise a member or employee of the Authority or of the Child and Family Agency to\u2014<\/p>\n<p>(a) visit the homes of the child, the guardians of the child, the applicants for an adoption order or the recognition of an intercountry adoption effected outside the State and the person having custody of the child for the purposes of an adoption, and<\/p>\n<p>(b) make enquiries on behalf of the Authority.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 5, S.I. No. 443 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E14<br \/>\nPrevious affecting provision: subs. (2) substituted by Children and Family Relationships Act 2015 (9\/2015), s. 105, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<p>PART 3<\/p>\n<h4>Placement for Adoption<\/h4>\n<p>Chapter 1<\/p>\n<h4>Interpretation<\/h4>\n<p>Interpretation (Part 3).<\/p>\n<p>11.\u2014 In this Part\u2014<\/p>\n<p>\u201caccredited body\u201d includes the F14[Child and Family Agency];<\/p>\n<p>\u201cfather\u201d, in relation to a child, includes a person who believes himself to be the father of the child.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F14<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>E13<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 104, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<p>Chapter 2<\/p>\n<h4>Placement of Children for Adoption<\/h4>\n<h4>Visits and enquiries pertaining to adoptions.<\/h4>\n<p>F15[12.\u2014 The Authority may authorise a member or employee of the Authority or of the Child and Family Agency to\u2014<\/p>\n<p>(a) visit the homes of the child, the guardians of the child, the applicants for an adoption order or the recognition of an intercountry adoption effected outside the State and the person having custody of the child for the purposes of an adoption, and<\/p>\n<p>(b) make enquiries on behalf of the Authority.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 5, S.I. No. 443 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E14<br \/>\nPrevious affecting provision: subs. (2) substituted by Children and Family Relationships Act 2015 (9\/2015), s. 105, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<h4>Restriction on placing child for adoption.<\/h4>\n<p>13.\u2014 An accredited body shall not place a child for adoption unless\u2014<\/p>\n<p>(a) the child has attained the age of 6 weeks,<\/p>\n<p>(b) it does so only for adoption purposes under this Act, and<\/p>\n<p>(c) it does so in accordance with this Act and the Hague Convention, in particular with Article 17 (which relates to when the state of origin may entrust a child to prospective adopters).<\/p>\n<h4>Explanation to mother or guardian as to effect of adoption.<\/h4>\n<p>14.\u2014 Where the mother or guardian of a child proposes to place the child with an accredited body for adoption, the accredited body, before accepting the child, shall\u2014<\/p>\n<p>(a) furnish the mother or guardian with a statement in writing explaining\u2014<\/p>\n<p>(i) that a placement for adoption is the beginning of the adoption process,<\/p>\n<p>(ii) the effect of a placement for adoption upon the rights of a mother or guardian,<\/p>\n<p>(iii) the effect of an adoption order upon the rights of a mother or guardian, and<\/p>\n<p>(iv) the requirements specified in sections 26 to 28 in respect of the consents necessary under this Act in relation to an adoption order,<\/p>\n<p>(b) ensure that the mother or guardian understands the statement and signs a document to that effect, and<\/p>\n<p>(c) provide information, advice and counselling to the mother or guardian concerned.<\/p>\n<h4>Care of child pending placement.<\/h4>\n<p>15.\u2014 (1) Where a child has been placed with an accredited body for adoption, the accredited body, in accordance with such regulations as the Minister may make respecting arrangements\u2014<\/p>\n<p>(a) for the care of children, and<\/p>\n<p>(b) for securing generally their welfare,<\/p>\n<p>may arrange for appropriate care for the child, subject to the accredited body\u2019s control and supervision, pending the placement of the child for adoption.<\/p>\n<p>(2) Section 23P of the Child Care Act 1991 does not apply to\u2014<\/p>\n<p>(a) the making of an arrangement by an accredited body under subsection (1), or<\/p>\n<p>(b) a person undertaking the care of a child under the arrangement.<\/p>\n<h4>Right of father who wishes to be consulted.<\/h4>\n<p>16.\u2014 F16[(1) A relevant non-guardian of a child, by notice to the Authority, may advise the Authority of his or her wish to be consulted in relation to\u2014<\/p>\n<p>(a) a proposal by an accredited body to place the child for adoption, or<\/p>\n<p>(b) an application by the mother, step parent or relative of the child for an adoption order in respect of the child.]<\/p>\n<p>(2) A notice under subsection (1) shall be in writing, be in such form and contain such information as is specified by the Authority and may be given to the Authority before the birth of the child concerned.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 6, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E15<br \/>\nPrevious affecting provision: section substituted by Children and Family Relationships Act 2015 (9\/2015), s. 106, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<h4>Pre-placement consultation procedure.<\/h4>\n<p>F17[17.\u2014 (1) Where an accredited body proposes to place a child for adoption\u2014<\/p>\n<p>(a) the accredited body shall request the Authority in writing and in a form and manner approved by the Authority to provide the body with a copy of any notice received by the Authority under section 16(1) from a relevant non-guardian of that child, and<\/p>\n<p>(b) the Authority shall\u2014<\/p>\n<p>(i) as soon as practicable, provide the notice (if any) to the accredited body, or<\/p>\n<p>(ii) where at the time of the request under paragraph (a), it has not received any notice, so inform the accredited body and afterwards, if the Authority so receives a notice under section 16(1), provide the notice forthwith to the accredited body.<\/p>\n<p>(2) Subject to this section and section 18, where an accredited body proposes to place a child for adoption, the accredited body shall, before placing the child for adoption, take such steps as are reasonably practicable, to consult any relevant non-guardian for the purposes of\u2014<\/p>\n<p>(a) informing him or her of the proposed adoption,<\/p>\n<p>(b) explaining to him or her the legal implications of, and the procedures related to, adoption, and<\/p>\n<p>(c) ascertaining whether or not he or she objects to the proposed adoption.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) each relevant non-guardian of a child indicates to the accredited body that he or she has no objection to the proposed placement of the child concerned for adoption, the accredited body may at any time thereafter, place the child for adoption, or<\/p>\n<p>(b) any relevant non-guardian objects to the proposed placement of the child for adoption, the accredited body shall\u2014<\/p>\n<p>(i) notify in writing in the prescribed manner each of the parents, guardians and relevant non-guardians of the child, informing them that it is deferring the placement for such period (in this section referred to as the \u201cdeferral period\u201d) as is specified in the notice, being a period of not less than 21 days, commencing on the date of the notice, for the purpose of affording the relevant non-guardian an opportunity to make an application to court under the Act of 1964, and<\/p>\n<p>(ii) defer the placement in accordance with the notification.<\/p>\n<p>(4) Where an accredited body receives a notice that an application to court referred to in subsection (3) (b) (i) has been made in relation to a child, the accredited body shall not place the child for adoption until the proceedings are concluded.<\/p>\n<p>(5) Where an accredited body has not received\u2014<\/p>\n<p>(a) a notice referred to in subsection (4) within the deferral period, and<\/p>\n<p>(b) any indication from a relevant non-guardian under paragraph (a) or (b) of subsection (3) within 21 days of informing the person of the proposed placement of the child, as to whether or not he or she has any objection to the proposed placement,<\/p>\n<p>the accredited body may, at any time thereafter, place the child for adoption unless it receives a notice under subsection (4).<\/p>\n<p>(6) A person who is a party to an application referred to in subsection (3) (b) (i) may apply to court for, and the court, where it is in the best interests of the child, may grant, such order as it considers appropriate to expedite the proceedings, which order may include, but shall not be limited to an order\u2014<\/p>\n<p>(a) for substituted service, or<\/p>\n<p>(b) abridging the time fixed by rules of court for taking any step or doing any act in the proceedings.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 7, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E16<br \/>\nPower pursuant to subs. (3) exercised (20.12.2017) by Adoption Act 2010 (Pre-Placement Consultation Procedure) (Forms) Regulations 2017 (S.I. No. 606 of 2017).<\/p>\n<p>E17<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 107, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<p>E18<br \/>\nPrevious affecting provision: forms prescribed for purposes of subs. (3)(b)(i) (3.11.2010) by Adoption Act 2010 (Pre-Placement Consultation Procedure) Regulations 2010 (S.I. No. 520 of 2010), reg. 3 and sch., in effect as per reg. 2; revoked (20.12.2017) by Adoption Act 2010 (Pre-Placement Consultation Procedure) (Forms) Regulations 2017 (S.I. No. 606 of 2017), reg. 4, in effect as per reg. 2.<\/p>\n<h4>Where father not consulted.<\/h4>\n<p>F18[18.\u2014 (1) If an accredited body is unable to consult a relevant non-guardian of a child for the purposes of section 17(2), the accredited body shall in a form and manner approved by the Authority, notify the Authority to that effect.<\/p>\n<p>(2) The Authority may, if satisfied that the accredited body has taken such steps as are reasonably practicable to consult any relevant non-guardian, authorise the accredited body to place the child for adoption.<\/p>\n<p>(3) At any time after being so authorised under subsection (2) the accredited body may place the child for adoption, but only if the accredited body has not been contacted by a relevant non-guardian indicating that he or she objects to the placement.<\/p>\n<p>(4) Where upon application to it by an accredited body that proposes to place a child for adoption, the Authority is satisfied that, having regard to\u2014<\/p>\n<p>(a) the nature of the relationship between the relevant non-guardian and the person who proposes or persons who propose to place the child for adoption, or<\/p>\n<p>(b) other than in a case where the relevant non-guardian of the child is a person referred to in paragraph (b), (c) or (d) of the definition of \u201crelevant non-guardian\u201d, the circumstances of the conception of the child,<\/p>\n<p>it is inappropriate for the accredited body to contact the relevant non-guardian in respect of the placement of the child concerned\u2014<\/p>\n<p>(i) the Authority may, after obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and<\/p>\n<p>(ii) the accredited body may, at any time after being so authorised, place the child for adoption.<\/p>\n<p>(5) If the identity of the father, referred to in paragraph (a) of the definition of \u201crelevant non-guardian\u201d (in this section referred to as \u201cthat father\u201d), is unknown to an accredited body and the mother or guardian will not disclose the identity of that father, the accredited body shall\u2014<\/p>\n<p>(a) counsel the mother or guardian concerned in order to attempt to obtain his or her or their, as the case may be, co-operation, advising such person or persons\u2014<\/p>\n<p>(i) that the adoption may be delayed,<\/p>\n<p>(ii) the possibility of that father of the child contesting the adoption at some later date,<\/p>\n<p>(iii) that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of that child, and<\/p>\n<p>(iv) such other matters as the accredited body considers appropriate in the circumstances,<\/p>\n<p>and<\/p>\n<p>(b) where the mother or guardian concerned, after counselling, will not disclose the identity of that father, furnish the Authority with a written report of the counselling that the accredited body has so provided.<\/p>\n<p>(6) Where the Authority receives a written report referred to in subsection (5)(b), and is satisfied that the accredited body\u2014<\/p>\n<p>(a) has taken such steps as are reasonably practicable to obtain the co-operation of the mother or guardian, and<\/p>\n<p>(b) has no other practical way of ascertaining that father\u2019s identity, then\u2014<\/p>\n<p>(i) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and<\/p>\n<p>(ii) the accredited body may, at any time after being so authorised, if it has not ascertained the identity of that father, place the child for adoption.<\/p>\n<p>(7) Where the mother or guardian of a child provides or provide, as the case may be, an accredited body with a statutory declaration stating that he or she or they, as the case may be, is or are unable to identify that father, then\u2014<\/p>\n<p>(a) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and<\/p>\n<p>(b) the accredited body may, at any time thereafter, place the child for adoption, if the accredited body has not any other practical way of ascertaining that father\u2019s identity.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 8, S.I. No. 443 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nApplication of section restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31\/2004), s. 40, S.I. 544 of 2004; as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 31, S.I. No. 274 of 2008; and as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 5, S.I. No. 5 of 2014. Note: Civil Liability and Courts Act 2004, s. 40(2) (which lists \u201crelevant enactments\u201d) was repealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013, s. 2(2), S.I. No. 334 of 2014. However, section included in definition of \u201crelevant enactment\u201d for purposes of the in camera rule by Civil Liability and Courts Act 2004 (31\/2004), s. 39, as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 4, S.I. No. 5 of 2014. Note also that subs. (8) previously inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 11, S.I. No. 5 of 2014, now substituted, provided that an application for approval under this section shall be heard in private.<\/p>\n<p>Proceedings heard otherwise than in public.<\/p>\n<p>40.\u2014 &#8230;<\/p>\n<p>(2) [&#8230;]<\/p>\n<p>(3) Nothing contained in a relevant enactment shall operate to prohibit\u2014<\/p>\n<p>(a) the preparation by a barrister at law or a solicitor or a person falling within any other class of persons specified in regulations made by the Minister and publication of a report of proceedings to which the relevant enactment relates, or<\/p>\n<p>(b) the publication of the decision of the court in such proceedings, in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing [such a report\u2014<\/p>\n<p>(i) attend the proceedings, and<\/p>\n<p>(ii) have access to any relevant documents,<\/p>\n<p>subject to any directions the court may give in that behalf.]<\/p>\n<p>[(3A) (a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.<\/p>\n<p>(b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so\u2014<\/p>\n<p>(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,<\/p>\n<p>(ii) by reason of the nature or circumstances of the case, or<\/p>\n<p>(iii) as it is otherwise necessary in the interests of justice,<\/p>\n<p>the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order\u2014<\/p>\n<p>(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or<\/p>\n<p>(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,<\/p>\n<p>and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.<\/p>\n<p>(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:<\/p>\n<p>(i) the best interests of a child to whom the proceedings relate;<\/p>\n<p>(ii) the views, if any, of\u2014<\/p>\n<p>(I) a party to the proceedings, and<\/p>\n<p>(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;<\/p>\n<p>(iii) whether information given or likely to be given in evidence is sensitive personal information;<\/p>\n<p>(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;<\/p>\n<p>(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;<\/p>\n<p>(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;<\/p>\n<p>(vii) whether information given or likely to be given in evidence is commercially sensitive information; and<\/p>\n<p>(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.<\/p>\n<p>(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.<\/p>\n<p>(e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.<\/p>\n<p>(f) In this subsection\u2014<\/p>\n<p>&#8220;commercially sensitive information&#8221; means\u2014<\/p>\n<p>(i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or<\/p>\n<p>(ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;<\/p>\n<p>&#8220;party to the proceedings&#8221; includes a witness in the proceedings;<\/p>\n<p>&#8220;sensitive personal information&#8221; means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to\u2014<\/p>\n<p>(i) information relating to the medical, psychiatric or psychological history of the person,<\/p>\n<p>(ii) information relating to the tax affairs of the person,<\/p>\n<p>(iii) information relating to the sexual conduct or sexual orientation of the person.]<\/p>\n<p>(4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed by order of the Minister.<\/p>\n<p>(5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.<\/p>\n<p>(6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings, to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(8) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.<\/p>\n<p>(9) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7), be conducted otherwise than in public and no such document, information or evidence shall be published.<\/p>\n<p>(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.<\/p>\n<p>[(11) In subsection (3), &#8220;relevant documents&#8221;, in relation to any proceedings referred to in that subsection\u2014<\/p>\n<p>(a) subject to paragraph (b), means\u2014<\/p>\n<p>(i) the petition, summons or other originating document in the proceedings,<\/p>\n<p>(ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and<\/p>\n<p>(iii) any order made by the court in the proceedings,<\/p>\n<p>(b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E19<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 108, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<p>E20<br \/>\nPrevious affecting provisions: subs. (8) inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 10, S.I. No. 5 of 2014; substituted as per F-note above.<\/p>\n<p>F19[<\/p>\n<h4>No pre-placement consultation required<\/h4>\n<p>18A.\u2014F20[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nInserted by Child and Family Relationships Act 2015 (9\/2015), s. 109, not commenced.<\/p>\n<p>F20<br \/>\nRepealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<p>PART 4<\/p>\n<p>Domestic Adoptions and Intercountry Adoptions<\/p>\n<p>Chapter 1<\/p>\n<p>Adoption Orders and Consents to Adoption Orders<\/p>\n<h4>Welfare of child.<\/h4>\n<p>F21[19.\u2014 (1) In any matter, application or proceedings under this Act which is, or are, before\u2014<\/p>\n<p>(a) the Authority, or<\/p>\n<p>(b) any court,<\/p>\n<p>the Authority or the court, as the case may be, shall regard the best interests of the child as the paramount consideration in the resolution of such matter, application or proceedings.<\/p>\n<p>(2) In determining for the purposes of subsection (1) what is in the best interests of the child, the Authority or the court, as the case may be, shall have regard to all of the factors or circumstances that it considers relevant to the child who is the subject of the matter, application or proceedings concerned including\u2014<\/p>\n<p>(a) the child\u2019s age and maturity,<\/p>\n<p>(b) the physical, psychological and emotional needs of the child,<\/p>\n<p>(c) the likely effect of adoption on the child,<\/p>\n<p>(d) the child\u2019s views on his or her proposed adoption,<\/p>\n<p>(e) the child\u2019s social, intellectual and educational needs,<\/p>\n<p>(f) the child\u2019s upbringing and care,<\/p>\n<p>(g) the child\u2019s relationship with his or her parent, guardian or relative, as the case may be, and<\/p>\n<p>(h) any other particular circumstances pertaining to the child concerned.<\/p>\n<p>(3) In so far as practicable, in relation to any matter, application or proceedings referred to in subsection (1), in respect of any child who is capable of forming his or her own views, the Authority or the court, as the case may be, shall ascertain those views and such views shall be given due weight having regard to the age and maturity of the child.<\/p>\n<p>(4) Without prejudice to the generality of subsection (3), the Minister may make regulations prescribing the procedures by which the Authority or the court, as the case may be, shall determine how best to ascertain the views of the child, in so far as practicable, in any matter, application or proceedings, and, without prejudice to the generality of the foregoing, such regulations may\u2014<\/p>\n<p>(a) make provision for the procedures that are to apply to enable a child to present his or her views in person or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,<\/p>\n<p>(b) make provision for the procedures that are to apply to enable a child to nominate an appropriate person to present the child\u2019s views orally or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,<\/p>\n<p>(c) prescribe as appropriate persons\u2014<\/p>\n<p>(i) a class or classes of persons who, in the opinion of the Minister having regard to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions, or<\/p>\n<p>(ii) a class or classes of persons who, in the opinion of the Minister having considered the qualifications, training and expertise of such class or classes of persons by reference to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions,<\/p>\n<p>(d) make provision for the procedures that are to apply in respect of any consultation by the Authority or the court, as the case may be, with a child or an appropriate person,<\/p>\n<p>(e) make provision for the consultation by the Child and Family Agency with a child for the purpose of ascertaining his or her views and for the procedures relating thereto, including procedures relating to the preparation and submission of any written reports arising from such consultation to the Authority or the court, as the case may be,<\/p>\n<p>(f) prescribe the standards to be applied by an appropriate person to the performance by the person of his or her functions under this section,<\/p>\n<p>(g) prescribe the allowable expenses that may be charged by an appropriate person referred to in paragraph (c)(i) and the fees and allowable expenses that may be charged by an appropriate person referred to in paragraph (c)(ii),<\/p>\n<p>(h) make provision for such other matters as the Minister considers necessary to ensure that appropriate persons are capable of performing their functions under this section.<\/p>\n<p>(5) Regulations under this section may\u2014<\/p>\n<p>(a) make different provision in relation to\u2014<\/p>\n<p>(i) children of different ages and maturity, or<\/p>\n<p>(ii) different classes of appropriate persons,<\/p>\n<p>and<\/p>\n<p>(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 9, S.I. No. 443 of 2017.<\/p>\n<h4>Authority\u2019s power to make adoption order or recognise intercountry adoption effected outside State.<\/h4>\n<p>20.\u2014 (1) On the application of a person, or persons if they are F22[a married couple, a couple who are civil partners of each other or a cohabiting couple], desiring to adopt a child, the Authority may make an adoption order for the adoption of the child by the applicant or applicants, as the case may be.<\/p>\n<p>(2) On the application of the adopters of a child adopted in an intercountry adoption effected outside the State, the Authority may recognise the intercountry adoption effected outside the State.<\/p>\n<p>(3) Where the applicants are F22[a married couple, a couple who are civil partners of each other or a cohabiting couple]\u2014<\/p>\n<p>(a) the adoption order shall be for the adoption of the child by them jointly, or<\/p>\n<p>(b) the recognition referred to in subsection (2) shall be for the recognition of the intercountry adoption effected outside the State of the child by them jointly.<\/p>\n<p>(4) In making an adoption order, the Authority is required to take into account\u2014<\/p>\n<p>(a) the relevant assessment report prepared under section 37, and<\/p>\n<p>(b) the relevant declaration of eligibility and suitability if one has been issued under section 40.<\/p>\n<p>(5) In recognising an intercountry adoption effected outside the State, the Authority may take into account\u2014<\/p>\n<p>(a) the relevant instrument prepared by or on behalf of the Central Authority of that other state that is the equivalent of the assessment report referred to in subsection (4)(a), and<\/p>\n<p>(b) the relevant instrument prepared by or on behalf of the Central Authority of that other state that is the equivalent of a declaration of eligibility and suitability.<\/p>\n<p>(6) Where an application is made to the Authority under this section, the Authority, of its own motion or on the application of an interested person, may adjourn from time to time the making of a decision whether to make or refuse to make the adoption order or to recognise the intercountry adoption effected outside the State, as the case may be.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 10, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E21<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 110, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<h4>Discontinuance of proceedings for adoption order or for recognition of intercountry adoption effected outside State.<\/h4>\n<p>21.\u2014 (1) By notice delivered to the F23[Child and Family Agency] at any time after an application under section 20, the applicant or applicants may discontinue the proceedings that are the subject of that application, without liability for any costs of the proceedings.<\/p>\n<p>F24[(2) The Child and Family Agency shall, as soon as practicable after receipt of notice under subsection (1), give notice of the discontinuance to\u2014<\/p>\n<p>(a) the Authority,<\/p>\n<p>(b) any adoption committee concerned,<\/p>\n<p>(c) the mother and any other guardians of the child, and<\/p>\n<p>(d) each relevant non-guardian of the child.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F23<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>F24<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 11, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E22<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s.111, 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>E23<br \/>\nPrevious affecting provision: subs. (2) 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<h4>Contribution by Child and Family Agency towards adoption expenses.<\/h4>\n<p>22.\u2014 The F25[Child and Family Agency], at its discretion, may contribute towards the expenses incurred by any person in connection with an application under section 20 in relation to a child towards whose support that body is entitled to contribute.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F25<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>Children who may be adopted.<\/h4>\n<p>F26[23.\u2014 (1) The Authority shall not make an adoption order in respect of a child unless\u2014<\/p>\n<p>(a) the child\u2014<\/p>\n<p>(i) resides in the State, and<\/p>\n<p>(ii) is, at the date of the making of the adoption order, less than 18 years of age,<\/p>\n<p>and<\/p>\n<p>(b) the child has\u2014<\/p>\n<p>(i) in a case where the applicant is a step parent of the child, a home with the child\u2019s parent and that step parent, for a continuous period of not less than 2 years at the date of the application for the adoption order, or<\/p>\n<p>(ii) in any other case, been in the care of the applicants for the prescribed period (if any).<\/p>\n<p>(2) The Authority, having regard to the particular circumstances of the case, may make an adoption order in respect of a child notwithstanding that the child has not\u2014<\/p>\n<p>(a) in a case where the applicant is a step parent of the child, a home with the child\u2019s parent and that step parent, for a continuous period of not less than 2 years at the date of the application for the adoption order, or<\/p>\n<p>(b) in any other case, been in the care of the applicants for the prescribed period under subsection (1)(b)(ii).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F26<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 12, S.I. No. 443 of 2017.<\/p>\n<h4>Exception if child older than 7 years.<\/h4>\n<p>24.\u2014 F27[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F27<br \/>\nRepealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(1), S.I. No. 443 of 2017.<\/p>\n<h4>Correction of adoption order.<\/h4>\n<p>25.\u2014 The Authority, of its own motion or on the application of an interested person, may amend an adoption order by correcting any error in the particulars contained in it.<\/p>\n<p>Chapter 2<\/p>\n<p>Consents to Adoption Orders<\/p>\n<h4>Consents to adoption orders.<\/h4>\n<p>26.\u2014 (1) The Authority shall not make an adoption order without the consent of every person, being the child\u2019s mother or guardian or other person having charge of or control over the child, unless the Authority dispenses with the consent\u2014<\/p>\n<p>(a) with the sanction of the High Court if the person whose consent is necessary is a ward of court,<\/p>\n<p>(b) in accordance with an authorisation of the High Court by order under this section, if\u2014<\/p>\n<p>(i) the person whose consent is necessary is not a ward of court, and<\/p>\n<p>(ii) the High Court is satisfied that the person is incapable by reason of mental infirmity of giving consent or cannot be found,<\/p>\n<p>(c) in accordance with an authorisation of the High Court by order under section 31 in a case to which that section applies, or<\/p>\n<p>(d) in accordance with an authorisation of the High Court by order under section 54 in a case to which that section applies.<\/p>\n<p>(2) A person may give consent to the making of an adoption order without knowing the identity of the applicant for the order.<\/p>\n<p>(3) A consent shall be given in writing in the prescribed form.<\/p>\n<p>(4) A consent may be withdrawn at any time before the making of an adoption order.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nPower pursuant to subs. (3) exercised (27.11.2017) by Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2017 (S.I. No. 535 of 2017), in effect as per reg. 2.<\/p>\n<p>E25<br \/>\nPrevious affecting provision: forms prescribed for purposes of section (2.11.2010) by Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2010 (S.I. No. 519 of 2010), reg. 3 and sch., in effect as per reg. 2; revoked (27.11.2017) by Adoption Act 2010 (Consent to Adoption Order) (Forms) Regulations 2017 (S.I. No. 535 of 2017), reg. 4, in effect as per reg. 2.<\/p>\n<h4>Information for persons about consenting to adoption orders.<\/h4>\n<p>27.\u2014 (1) A person whose consent to the making of an adoption order is necessary\u2014<\/p>\n<p>(a) shall be informed before he or she gives the consent or as soon as may be after giving it\u2014<\/p>\n<p>(i) that the consent may be withdrawn at any time before the making of the order,<\/p>\n<p>(ii) that he or she is entitled to be heard on the application for the order, and<\/p>\n<p>(iii) of the discretion of the High Court under subsection (3) of section 31, despite a subsequent withdrawal of the consent, to authorise the Authority to dispense with the consent in accordance with that section,<\/p>\n<p>and<\/p>\n<p>(b) shall be asked, on or after giving the consent, to state in writing whether he or she wishes\u2014<\/p>\n<p>(i) to be informed of the date on which the Authority, if the person wishes to be heard, will hear the person or his or her counsel or solicitor on the application for the order, or<\/p>\n<p>(ii) otherwise to be consulted again in relation to the application for the order.<\/p>\n<p>(2) If a person whose consent to the making of an adoption order is necessary states that he or she does not wish to be\u2014<\/p>\n<p>(a) informed as set out in subsection (1)(b)(i), or<\/p>\n<p>(b) otherwise to be consulted again as set out in subsection (1)(b)(ii),<\/p>\n<p>it is not necessary so to inform or consult him or her.<\/p>\n<p>(3) If the person does not so state, he or she shall be both informed and consulted in accordance with subparagraphs (i) and (ii) of subsection (1)(b), unless he or she cannot be found, in which case the Authority is required to deal with the application as if the person had not given the consent.<\/p>\n<h4>Validity of consent.<\/h4>\n<p>28.\u2014 (1) A consent to the making of an adoption order is not valid unless given\u2014<\/p>\n<p>(a) after the child concerned has attained the age of 6 weeks, and<\/p>\n<p>(b) not earlier than 3 months before the application for adoption.<\/p>\n<p>(2) The Authority shall satisfy itself that every person whose consent to the making of an adoption order is necessary and has not been dispensed with\u2014<\/p>\n<p>(a) has given the consent, and<\/p>\n<p>(b) understands the nature and effect of the consent and of the adoption order.<\/p>\n<h4>Enquiries on behalf of Authority.<\/h4>\n<p>29.\u2014 (1) For the purposes of sections 27 and 28, the Authority may request and authorise any person either in or outside the State whom the Authority considers suitable for the purpose to\u2014<\/p>\n<p>(a) make enquiries on its behalf, and<\/p>\n<p>(b) report to it the results of the enquiries.<\/p>\n<p>(2) The Authority is entitled, if it accepts the report as satisfactory, to regard that acceptance\u2014<\/p>\n<p>(a) as sufficiently demonstrating the Authority\u2019s compliance with section 27 as to the subject matter of the enquiries, and<\/p>\n<p>(b) as compliance by the Authority with section 28 (2).<\/p>\n<p>Consultation with father.<\/p>\n<p>F28[30.\u2014 (1) In this section \u201cfather\u201d, in relation to a child, includes a person who believes himself to be the father of the child.<\/p>\n<p>(2) Subject to this section, on the receipt of an application for an adoption order, the Authority shall take such steps as are reasonably practicable to ensure that every relevant non-guardian of the child is consulted in relation to the adoption.<\/p>\n<p>(3) Where the Authority is satisfied that, having regard to\u2014<\/p>\n<p>(a) the nature of the relationship between the relevant non-guardian of a child and the mother or guardian of the child, or<\/p>\n<p>(b) other than in a case where the relevant non-guardian of the child is a person referred to in paragraph (b), (c) or (d) of the definition of \u201crelevant non-guardian\u201d, the circumstances of the conception of the child,<\/p>\n<p>it would be inappropriate for the Authority to consult the relevant non- guardian in respect of the adoption of that child, the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting the relevant non-guardian concerned.<\/p>\n<p>(4) If the identity of the father referred to in paragraph (a) of the definition of \u201crelevant non-guardian\u201d (in this section referred to as \u201cthat father\u201d), is unknown to the Authority and the mother or guardian of the child will not or is unable to disclose the identity of that father, the Authority shall counsel the mother or guardian of the child, indicating\u2014<\/p>\n<p>(a) that the adoption may be delayed,<\/p>\n<p>(b) the possibility of that father of the child contesting the adoption at some later date,<\/p>\n<p>(c) that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of the child, and<\/p>\n<p>(d) such other matters as the Authority considers appropriate in the circumstances.<\/p>\n<p>(5) After counselling the mother or guardian of the child under subsection (4), the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting that father if\u2014<\/p>\n<p>(a) the mother or guardian of the child either refuses to reveal the identity of that father of the child, or provides the Authority with a statutory declaration that he or she is unable to identify that father, and<\/p>\n<p>(b) the Authority has no other practical means of ascertaining the identity of that father.<\/p>\n<p>(6) The Child and Family Agency or an accredited body, at the Authority\u2019s request, shall assist in carrying out the Authority\u2019s functions under this section.<\/p>\n<p>(7) An application for approval under this section shall be heard in private.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F28<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 13, S.I. No. 443 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C5<br \/>\nApplication of section restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31\/2004), s. 40, S.I. 544 of 2004; as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 31, S.I. No. 274 of 2008; and as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 5, S.I. No. 5 of 2014. Note: Civil Liability and Courts Act 2004, s. 40(2) (which lists \u201crelevant enactments\u201d) was repealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013, s. 2(2), S.I. No. 334 of 2014. However, section included in definition of \u201crelevant enactment\u201d for purposes of the in camera rule by Civil Liability and Courts Act 2004 (31\/2004), s. 39, as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 4, S.I. No. 5 of 2014. Note also that subs. (8) previously inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 11, S.I. No. 5 of 2014, now substituted, provided that an application for approval under this section shall be heard in private.<\/p>\n<h4>Proceedings heard otherwise than in public.<\/h4>\n<p>40.\u2014 &#8230;<\/p>\n<p>(2) [&#8230;]<\/p>\n<p>(3) Nothing contained in a relevant enactment shall operate to prohibit\u2014<\/p>\n<p>(a) the preparation by a barrister at law or a solicitor or a person falling within any other class of persons specified in regulations made by the Minister and publication of a report of proceedings to which the relevant enactment relates, or<\/p>\n<p>(b) the publication of the decision of the court in such proceedings, in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing [such a report\u2014<\/p>\n<p>(i) attend the proceedings, and<\/p>\n<p>(ii) have access to any relevant documents,<\/p>\n<p>subject to any directions the court may give in that behalf.]<\/p>\n<p>[(3A) (a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.<\/p>\n<p>(b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so\u2014<\/p>\n<p>(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,<\/p>\n<p>(ii) by reason of the nature or circumstances of the case, or<\/p>\n<p>(iii) as it is otherwise necessary in the interests of justice,<\/p>\n<p>the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order\u2014<\/p>\n<p>(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or<\/p>\n<p>(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,<\/p>\n<p>and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.<\/p>\n<p>(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:<\/p>\n<p>(i) the best interests of a child to whom the proceedings relate;<\/p>\n<p>(ii) the views, if any, of\u2014<\/p>\n<p>(I) a party to the proceedings, and<\/p>\n<p>(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;<\/p>\n<p>(iii) whether information given or likely to be given in evidence is sensitive personal information;<\/p>\n<p>(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;<\/p>\n<p>(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;<\/p>\n<p>(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;<\/p>\n<p>(vii) whether information given or likely to be given in evidence is commercially sensitive information; and<\/p>\n<p>(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.<\/p>\n<p>(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.<\/p>\n<p>(e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.<\/p>\n<p>(f) In this subsection\u2014<\/p>\n<p>&#8220;commercially sensitive information&#8221; means\u2014<\/p>\n<p>(i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or<\/p>\n<p>(ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;<\/p>\n<p>&#8220;party to the proceedings&#8221; includes a witness in the proceedings;<\/p>\n<p>&#8220;sensitive personal information&#8221; means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to\u2014<\/p>\n<p>(i) information relating to the medical, psychiatric or psychological history of the person,<\/p>\n<p>(ii) information relating to the tax affairs of the person,<\/p>\n<p>(iii) information relating to the sexual conduct or sexual orientation of the person.]<\/p>\n<p>(4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed by order of the Minister.<\/p>\n<p>(5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.<\/p>\n<p>(6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings, to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(8) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.<\/p>\n<p>(9) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7), be conducted otherwise than in public and no such document, information or evidence shall be published.<\/p>\n<p>(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.<\/p>\n<p>[(11) In subsection (3), &#8220;relevant documents&#8221;, in relation to any proceedings referred to in that subsection\u2014<\/p>\n<p>(a) subject to paragraph (b), means\u2014<\/p>\n<p>(i) the petition, summons or other originating document in the proceedings,<\/p>\n<p>(ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and<\/p>\n<p>(iii) any order made by the court in the proceedings,<\/p>\n<p>(b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E26<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 112, 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>E27<br \/>\nPrevious affecting provision: subs. (8) inserted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 11, S.I. No. 566 of 2013; substituted as per F-note above.<\/p>\n<h4>High Court may give custody of child to prospective adopters and authorise dispensing with consent to adoption.<\/h4>\n<p>F29[31. (1) In this section \u201capplicants\u201d means the person or persons referred to in subsection (2)(a).<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a person has or persons have applied for an adoption order, and<\/p>\n<p>(b) a person whose consent to the making of the adoption order is necessary under section 26, and who has agreed to the placing of the child concerned for adoption either\u2014<\/p>\n<p>(i) fails, neglects or refuses to give his or her consent to the adoption, or<\/p>\n<p>(ii) having previously consented to the adoption, withdraws his or her consent,<\/p>\n<p>the applicants for the adoption order may apply to the High Court for an order under subsection (3).<\/p>\n<p>(3) Subject to subsections (4) and (5), the High Court may make an order\u2014<\/p>\n<p>(a) giving custody of the child to the applicants for a specified period, and<\/p>\n<p>(b) authorising the Authority to dispense with the consent of any person whose consent to the making of the adoption order is necessary under section 26 to the adoption of the child by the applicants, with the adoption to be effected by an adoption order made during that specified period of custody.<\/p>\n<p>(4) In considering any application under subsection (2), the High Court shall\u2014<\/p>\n<p>(a) have regard to the following:<\/p>\n<p>(i) the relationship between the applicants and the child who is the subject of the application;<\/p>\n<p>(ii) the relationship between the child and his or her mother or guardian, as the case may be, and the efforts made by any of those persons to develop or maintain a relationship with the child;<\/p>\n<p>(iii) the proposed arrangements of the applicants and the mother or guardian or other person whose consent to the making of the adoption order is necessary under section 26, as the case may be, for the future care of the child;<\/p>\n<p>(iv) the rights, whether under the Constitution or otherwise, of the persons concerned (including the natural and imprescriptible rights of the child);<\/p>\n<p>(v) any other matter which the Court considers relevant to the application,<\/p>\n<p>and<\/p>\n<p>(b) in so far as is practicable, in a case where the child concerned is capable of forming his or her own views, give due weight to the views of that child, having regard to the age and maturity of the child,<\/p>\n<p>and, in the resolution of any such application, the best interests of the child shall be the paramount consideration.<\/p>\n<p>(5) If a person whose consent is necessary under section 26 is a ward of court, his or her consent shall not be dispensed with, pursuant to an order under this section, except with the sanction of the court which granted the order for wardship.<\/p>\n<p>(6) Proceedings under this section shall be heard in private.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F29<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 14, S.I. No. 443 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C6<br \/>\nApplication of section restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31\/2004), s. 40, S.I. 544 of 2004; as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 31, S.I. No. 274 of 2008; and as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 5, S.I. No. 5 of 2014. Note: Civil Liability and Courts Act 2004, s. 40(2) (which lists \u201crelevant enactments\u201d) was repealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013, s. 2(2), S.I. No. 334 of 2014. However, section included in definition of \u201crelevant enactment\u201d for purposes of the in camera rule by Civil Liability and Courts Act 2004 (31\/2004), s. 39, as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 4, S.I. No. 5 of 2014. Note also that subs. (8) previously inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 11, S.I. No. 5 of 2014, now substituted, provided that an application for approval under this section shall be heard in private.<\/p>\n<h4>Proceedings heard otherwise than in public.<\/h4>\n<p>40.\u2014 &#8230;<\/p>\n<p>(2) [&#8230;]<\/p>\n<p>(3) Nothing contained in a relevant enactment shall operate to prohibit\u2014<\/p>\n<p>(a) the preparation by a barrister at law or a solicitor or a person falling within any other class of persons specified in regulations made by the Minister and publication of a report of proceedings to which the relevant enactment relates, or<\/p>\n<p>(b) the publication of the decision of the court in such proceedings, in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing [such a report\u2014<\/p>\n<p>(i) attend the proceedings, and<\/p>\n<p>(ii) have access to any relevant documents,<\/p>\n<p>subject to any directions the court may give in that behalf.]<\/p>\n<p>[(3A) (a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.<\/p>\n<p>(b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so\u2014<\/p>\n<p>(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,<\/p>\n<p>(ii) by reason of the nature or circumstances of the case, or<\/p>\n<p>(iii) as it is otherwise necessary in the interests of justice,<\/p>\n<p>the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order\u2014<\/p>\n<p>(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or<\/p>\n<p>(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,<\/p>\n<p>and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.<\/p>\n<p>(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:<\/p>\n<p>(i) the best interests of a child to whom the proceedings relate;<\/p>\n<p>(ii) the views, if any, of\u2014<\/p>\n<p>(I) a party to the proceedings, and<\/p>\n<p>(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;<\/p>\n<p>(iii) whether information given or likely to be given in evidence is sensitive personal information;<\/p>\n<p>(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;<\/p>\n<p>(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;<\/p>\n<p>(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;<\/p>\n<p>(vii) whether information given or likely to be given in evidence is commercially sensitive information; and<\/p>\n<p>(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.<\/p>\n<p>(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.<\/p>\n<p>(e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.<\/p>\n<p>(f) In this subsection\u2014<\/p>\n<p>&#8220;commercially sensitive information&#8221; means\u2014<\/p>\n<p>(i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or<\/p>\n<p>(ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;<\/p>\n<p>&#8220;party to the proceedings&#8221; includes a witness in the proceedings;<\/p>\n<p>&#8220;sensitive personal information&#8221; means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to\u2014<\/p>\n<p>(i) information relating to the medical, psychiatric or psychological history of the person,<\/p>\n<p>(ii) information relating to the tax affairs of the person,<\/p>\n<p>(iii) information relating to the sexual conduct or sexual orientation of the person.]<\/p>\n<p>(4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed by order of the Minister.<\/p>\n<p>(5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.<\/p>\n<p>(6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings, to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to\u2014<\/p>\n<p>(a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or<\/p>\n<p>(b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.<\/p>\n<p>(8) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.<\/p>\n<p>(9) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7), be conducted otherwise than in public and no such document, information or evidence shall be published.<\/p>\n<p>(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.<\/p>\n<p>[(11) In subsection (3), &#8220;relevant documents&#8221;, in relation to any proceedings referred to in that subsection\u2014<\/p>\n<p>(a) subject to paragraph (b), means\u2014<\/p>\n<p>(i) the petition, summons or other originating document in the proceedings,<\/p>\n<p>(ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and<\/p>\n<p>(iii) any order made by the court in the proceedings,<\/p>\n<p>(b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E28<br \/>\nPrevious affecting provision: subs. (5) inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 12, S.I. No. 5 of 2014; substituted as per F-note above.<\/p>\n<p>E29<br \/>\nPrevious affecting provision: application of subs. (5) restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31\/2004), s. 40; amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 31(a), S.I. No. 274 of 2008; and amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2017), s. 2(2), S.I. No. 334 of 2014; substituted as per F-note above.<\/p>\n<h4>Religion.<\/h4>\n<p>F30[32. Notwithstanding section 20, in a case where\u2014<\/p>\n<p>(a) the applicant or applicants, as the case may be,<\/p>\n<p>(b) the child, and<\/p>\n<p>(c) every person whose consent to the making of an adoption order is necessary under section 26,<\/p>\n<p>are not all of the same religion (if of any religion), the Authority shall not make an adoption order unless every person whose consent to the making of an adoption order is necessary under section 26 knows, when so consenting, the religion (if any) of the applicant or each of the applicants, as the case may be.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F30<br \/>\nInserted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 15, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E30<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 113, 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>Chapter 3<\/p>\n<h4>Eligibility and Suitability to Adopt<\/h4>\n<h4>Persons eligible for adoption order or recognition of intercountry adoption effected outside State.<\/h4>\n<p>33.\u2014 (1) (a) The Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, unless\u2014<\/p>\n<p>(i) the applicants are a married couple who are living together,<\/p>\n<p>F31[(ia) the applicants are civil partners of each other who are living together,<\/p>\n<p>(ib) the applicants are a cohabiting couple,]<\/p>\n<p>F32[(ii) the applicant is a parent, step parent or relative of the child, or]<\/p>\n<p>(iii) the applicant, notwithstanding that he or she does not fall within subparagraph (ii), satisfies the Authority that, in the particular circumstances, the adoption is desirable and in the best interests of the child.<\/p>\n<p>(b) Notwithstanding paragraph (a), the Authority may recognise an intercountry adoption effected outside the State on the application of a person referred to in paragraph (a) or (c) of section 90(3).<\/p>\n<p>(2) Except as provided in subsection (1)(a), the Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, for the adoption of a child by more than one person.<\/p>\n<p>(3) Where an applicant for an adoption order is married, or an applicant, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3), for the recognition of an intercountry adoption effected outside the State is married, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of the applicant\u2019s spouse, given in the manner determined by the Authority, unless\u2014<\/p>\n<p>(a) the couple are living apart under\u2014<\/p>\n<p>(i) a decree of judicial separation under section 3 of the Judicial Separation and Family Law Reform Act 1989,<\/p>\n<p>(ii) a decree or order to like effect that was granted under the law of another jurisdiction and that is recognised in the State, or<\/p>\n<p>(iii) a deed of separation,<\/p>\n<p>(b) the spouse has deserted the applicant, or<\/p>\n<p>(c) conduct on the part of the spouse results in the applicant, with just cause, separating from the spouse and living apart from him or her.<\/p>\n<p>F33[(3A) Where an applicant\u2014<\/p>\n<p>(a) for an adoption order, or<\/p>\n<p>(b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3),<\/p>\n<p>is a civil partner of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that applicant\u2019s civil partner, given in the manner determined by the Authority unless\u2014<\/p>\n<p>(i) the applicant and the applicant\u2019s civil partner are living apart under a separation agreement,<\/p>\n<p>(ii) the civil partner has deserted the applicant, or<\/p>\n<p>(iii) conduct on the part of the civil partner results in the applicant, with just cause, leaving the civil partner and living separately and apart from him or her.<\/p>\n<p>(3B) Where an applicant\u2014<\/p>\n<p>(a) for an adoption order, or<\/p>\n<p>(b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3),<\/p>\n<p>is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority.]<\/p>\n<p>(4) The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c) of section 90(3), recognise an intercountry adoption effected outside the State, unless\u2014<\/p>\n<p>(a) the applicant and, if the applicants are F34[a married couple, a couple who are civil partners of each other or a cohabiting couple], each of them has attained the age of 21 years, or<\/p>\n<p>(b) the applicants are F35[a married couple, a couple who are civil partners of each other or a cohabiting couple] and one of them is F35[a parent] or a relative of the child and either of them has attained the age of 21 years.<\/p>\n<p>(5) Subject to subsection (6) and section 81, the Authority shall not make an adoption order unless the applicant or, if the applicants are F36[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them, is habitually resident in the State.<\/p>\n<p>(6) Subsection (5) does not prevent the Authority, for the purpose of an intercountry adoption effected in the State, from making an adoption order in favour of an applicant who, or, if the applicants are F37[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of whom, is habitually resident in\u2014<\/p>\n<p>(a) another contracting state,<\/p>\n<p>(b) a state that has a bilateral agreement with the State, or<\/p>\n<p>(c) a state that has an arrangement referred to in section 81 with the State.<\/p>\n<p>(7) The Authority shall issue policy guidelines respecting the circumstances in which an adoption order in favour of an applicant referred to in subsection (1)(a)(iii) may be made.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nInserted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 16(a)(i), S.I. No. 443 of 2017.<\/p>\n<p>F32<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 16(a)(ii), S.I. No. 443 of 2017.<\/p>\n<p>F33<br \/>\nInserted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 16(b), S.I. No. 443 of 2017.<\/p>\n<p>F34<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 16(c)(i), S.I. No. 443 of 2017.<\/p>\n<p>F35<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 16(c)(ii), S.I. No. 443 of 2017.<\/p>\n<p>F36<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 16(d), S.I. No. 443 of 2017.<\/p>\n<p>F37<br \/>\nInserted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 16(e), S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E31<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 114, 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>Persons suitable for adoption order or recognition of intercountry adoption effected outside State.<\/h4>\n<p>34.\u2014 The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c) of section 90(3), recognise an intercountry adoption, unless the Authority is satisfied that the applicant or, if the applicants are F38[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them\u2014<\/p>\n<p>(a) is a suitable person to have parental rights and duties in respect of the child, and<\/p>\n<p>(b) without prejudice to the generality of paragraph (a), is of good moral character, in good health and of an age so that he or she has a reasonable expectation of being capable throughout the child\u2019s childhood of\u2014<\/p>\n<p>(i) fulfilling his or her parental duties in respect of the child,<\/p>\n<p>(ii) promoting and supporting the child\u2019s development and well-being,<\/p>\n<p>(iii) safeguarding and supporting the child\u2019s welfare,<\/p>\n<p>(iv) providing the necessary health, social, educational and other interventions for the child, and<\/p>\n<p>(v) valuing and supporting the child\u2019s needs in relation to his or her\u2014<\/p>\n<p>(I) identity, and<\/p>\n<p>(II) ethnic, religious and cultural background,<\/p>\n<p>(c) has adequate financial means to support the child, and<\/p>\n<p>(d) has been provided with appropriate information, advice and counselling concerning adoption.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F38<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 17, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E32<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 115, 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>Chapter 4<\/p>\n<h4>Adoption Committees<\/h4>\n<p>Applicants defined.<\/p>\n<p>35.\u2014 In sections 36 to 39, \u201capplicants\u201d means persons who apply to the F39[Child and Family Agency] under section 37(1), and, if there is only one applicant, means that applicant.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F39<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>Adoption committees of Child and Family Agency<\/h4>\n<p>36.\u2014 (1) The F40[Child and Family Agency] shall establish one or more adoption committees.<\/p>\n<p>(2) The functions of an adoption committee are\u2014<\/p>\n<p>(a) to advise and assist the Authority in the performance of its functions under this Act and section 6 of the Child Care Act 1991, and<\/p>\n<p>(b) to make recommendations to the Authority under section 39 concerning the issuance to applicants of declarations of eligibility and suitability.<\/p>\n<p>(3) The membership of an adoption committee may include persons who are not employees of the F40[Child and Family Agency] but have special knowledge and experience related to the purposes of the committee.<\/p>\n<p>(4) The F40[Child and Family Agency] may make payments to a member of an adoption committee in respect of travelling and subsistence expenses incurred by the member in relation to the business of the committee.<\/p>\n<p>(5) Payments made under this section shall be in accordance with a scale determined by the Minister with the consent of the Minister for Finance.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F40<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>Chapter 5<\/p>\n<p>Application by Prospective Adopters for Declaration of Eligibility and Suitability<\/p>\n<h4>Application to Child and Family Agency for Authority to issue declaration of eligibility and suitability.<\/h4>\n<p>37.\u2014 (1) F42[A person habitually resident in the State, a step parent, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple], each of whom is habitually resident in the State, may apply to the F41[Child and Family Agency] for\u2014<\/p>\n<p>(a) an assessment of eligibility and suitability in relation to himself, herself or themselves, and<\/p>\n<p>(b) the issuance by the Authority of a declaration of eligibility and suitability in accordance with that assessment.<\/p>\n<p>(2) An application under subsection (1) shall\u2014<\/p>\n<p>(a) be made in writing addressed to an office of the F41[Child and Family Agency],<\/p>\n<p>(b) be made in conjunction with a separate application under this Act by the applicants for an adoption order or the recognition of an intercountry adoption including in the circumstances discussed in section 81, and<\/p>\n<p>(c) specify which state is the habitual residence of the child the applicants propose to adopt under their separate application referred to in paragraph (b).<\/p>\n<p>(3) As soon as practicable after the F41[Child and Family Agency] receives an application under subsection (1), the F41[Child and Family Agency] shall take the following steps concerning the adoption proposed under the separate application referred to in subsection (2)(b) or arrange for the steps to be taken by an accredited body:<\/p>\n<p>(a) providing information, advice and counselling to the applicants;<\/p>\n<p>(b) carrying out an assessment of eligibility and suitability in relation to the applicants;<\/p>\n<p>(c) preparing an assessment report that conforms to paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states) and that includes\u2014<\/p>\n<p>(i) the information described in Article 15, and<\/p>\n<p>(ii) a finding as to the eligibility and suitability of the applicants.<\/p>\n<p>(4) As soon as practicable after preparing the assessment report referred to in subsection (3)(c), the F41[Child and Family Agency] shall refer the report to an adoption committee for the latter\u2019s recommendation to the Authority under section 39(1).<\/p>\n<p>F43[(5) A person may make an application for an adoption order in respect of a child where, at the date of the application\u2014<\/p>\n<p>(a) the person is\u2014<\/p>\n<p>(i) a spouse of a parent of the child,<\/p>\n<p>(ii) a civil partner of a parent of the child, or<\/p>\n<p>(iii) a cohabitant in a cohabiting couple where the other cohabitant is a parent of the child,<\/p>\n<p>and<\/p>\n<p>(b) the child, in respect of whom the adoption order is sought, has a home with the child\u2019s parent and that person (in this Act referred to as a \u201cstep parent\u201d), for a continuous period of not less than 2 years.<\/p>\n<p>(6) The Authority, having regard to the particular circumstances of the case may accept an application for an adoption order in respect of a child notwithstanding that the child has not a home with the child\u2019s parent and that step parent, for a continuous period of not less than 2 years at the date of the application.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F41<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>F42<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 18(a), S.I. No. 443 of 2017.<\/p>\n<p>F43<br \/>\nInserted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 18(b), S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E33<br \/>\nChild and Family Agency empowered to make regulations specifying charges in relation to services provided under section (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 95(1)(b), S.I. No. 502 of 2013.<\/p>\n<p>E34<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 116, 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>Discontinuance by applicants of proceedings for issuance of declaration of eligibility and suitability.<\/h4>\n<p>38.\u2014 (1) By notice delivered to the F44[Child and Family Agency] at any time after an application under section 37(1), the applicants may discontinue the proceedings that are the subject of that application, without liability for any costs of the proceedings.<\/p>\n<p>F45[(2) The Child and Family Agency shall, as soon as practicable after receipt of notice under subsection (1), give notice of the discontinuance to\u2014<\/p>\n<p>(a) the Authority,<\/p>\n<p>(b) any adoption committee concerned,<\/p>\n<p>(c) the mother and any other guardian of the child, and<\/p>\n<p>(d) each relevant non-guardian of the child.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F44<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>F45<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 19, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E35<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 117, 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>Recommendation of adoption committee regarding issuance of declaration of eligibility and suitability.<\/h4>\n<p>39.\u2014 (1) As soon as practicable after the receipt of the assessment report referred to it under section 37(4), the adoption committee shall\u2014<\/p>\n<p>(a) consider the report, and<\/p>\n<p>(b) recommend to the Authority, in writing, whether or not, under section 40, the Authority should issue a declaration of eligibility and suitability in favour of the applicants.<\/p>\n<p>(2) A recommendation under subsection (1) shall contain the committee\u2019s reasons for it.<\/p>\n<p>(3) The committee shall deliver a copy of the recommendation and of the assessment report to the Authority, the F46[Child and Family Agency] and the applicants.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F46<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>Chapter 6<\/p>\n<p>Authority\u2019s Power to Issue Declarations of Eligibility and Suitability to Prospective Adopters<\/p>\n<h4>Authority may issue declaration of eligibility and suitability.<\/h4>\n<p>40.\u2014 (1) The Authority may issue a declaration of eligibility and suitability in favour of F47[a person, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple] who have applied under this Act to the Authority for, as may be appropriate, an adoption order, or the recognition of an intercountry adoption, in relation to a child habitually resident\u2014<\/p>\n<p>(a) in the State (a domestic adoption),<\/p>\n<p>(b) in another contracting state (an intercountry adoption),<\/p>\n<p>(c) in a state that has a bilateral agreement with the State (an intercountry adoption), or<\/p>\n<p>(d) in the circumstances described in section 81 (an adoption in an exceptional case), in a non-contracting state that is not a party to a bilateral agreement.<\/p>\n<p>(2) A declaration of eligibility and suitability may be issued only if, having considered both the assessment report prepared under section 37 and the adoption committee\u2019s recommendation under section 39, the Authority is satisfied\u2014<\/p>\n<p>(a) that the applicant or, in the case of applicants who are F47[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them comes within the classes of persons in whose favour an adoption order may, by virtue of section 33, be made or an intercountry adoption may, by virtue of that section, be recognised, and<\/p>\n<p>(b) as to the matters specified in section 34 in relation to the applicant or, in the case of applicants who are a married couple living together, each of them.<\/p>\n<p>(3) When issuing a declaration of eligibility and suitability, the Authority may include in it a statement relating to the age or state of health of a child whom the Authority considers that the applicant or applicants are suited to parent.<\/p>\n<p>(4) If the Authority is not satisfied as to the matters referred to in subsection (2), it may refuse to issue a declaration of eligibility and suitability in favour of F47[the person, married couple, civil partners or cohabiting couple] referred to in subsection (1), having first given him, her or them an opportunity to be heard.<\/p>\n<p>(5) A declaration of eligibility and suitability is not to be issued or refused if the Authority has received an applicable notice of discontinuance under section 21 or 38.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F47<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 20, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E36<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 118, 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>Expiration of declaration of eligibility and suitability.<\/h4>\n<p>41.\u2014 (1) A declaration of eligibility and suitability expires after\u2014<\/p>\n<p>(a) 24 months from the date of issuance of the declaration, or<\/p>\n<p>(b) a further period of not more than 12 months that the Authority may specify on application made to the Authority by the F48[person, married couple, civil partners or cohabiting couple] concerned within those 24 months.<\/p>\n<p>(2) Notwithstanding subsection (1), if\u2014<\/p>\n<p>(a) during the 24 months referred to in that subsection, together with the further period, if any, specified by the Authority under that subsection, and<\/p>\n<p>(b) before the making of an adoption order, or the recognition of an intercountry adoption, for which the declaration referred to in that subsection was issued,<\/p>\n<p>new information about the applicant\u2019s or applicants\u2019 eligibility and suitability to adopt has become available or there has been a change in the relevant circumstances, the Authority, after\u2014<\/p>\n<p>(i) reconsidering the declaration of eligibility and suitability, and<\/p>\n<p>(ii) giving the F48[person, married couple, civil partners or cohabiting couple] concerned, an opportunity to be heard,<\/p>\n<p>may either\u2014<\/p>\n<p>(I) amend the declaration of eligibility and suitability by attaching specified conditions to it, including but not limited to a condition that the eligibility and suitability of the F48[person, married couple, civil partners or cohabiting couple] be reconsidered at a hearing before the Authority, or<\/p>\n<p>(II) withdraw the declaration if the Authority considers that it would not be proper, having regard to this Act, to make the adoption order or recognise the intercountry adoption.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F48<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 21, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E37<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 119, 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>Proof of declaration of eligibility and suitability.<\/h4>\n<p>42.\u2014 A document purporting to be\u2014<\/p>\n<p>(a) a copy of or extract from a declaration of eligibility and suitability, and<\/p>\n<p>(b) certified by an officer of the Authority to be a true copy of or extract from the declaration,<\/p>\n<p>shall\u2014<\/p>\n<p>(i) be received in evidence in any legal proceedings, and<\/p>\n<p>(ii) until the contrary is proved, be deemed to be a true copy of or extract from the declaration and to be evidence of such declaration,<\/p>\n<p>without proof of the signature of the officer of the Authority.<\/p>\n<p>&nbsp;<\/p>\n<p>PART 5<\/p>\n<h4>Adoption Proceedings Before the Authority<\/h4>\n<h4>Hearing of applications.<\/h4>\n<p>43.\u2014 (1) The following persons are entitled to be heard on an application for an adoption order:<\/p>\n<p>(a) the applicant;<\/p>\n<p>(b) the child;<\/p>\n<p>(c) the mother of the child;<\/p>\n<p>(d) the father of the child or the person who believes himself to be the father;<\/p>\n<p>F49[(da) any other relevant non-guardian of the child;]<\/p>\n<p>F50[(e) any guardian of the child;]<\/p>\n<p>(f) the person who immediately before the placing of the child for adoption had charge of or control over the child;<\/p>\n<p>(g) a relative of the child;<\/p>\n<p>(h) a representative of\u2014<\/p>\n<p>(i) an accredited body, or<\/p>\n<p>(ii) the F51[Child and Family Agency],<\/p>\n<p>which is or has been at any time concerned with the child;<\/p>\n<p>(i) an employee of the Authority;<\/p>\n<p>(j) another person whom the Authority, in its discretion, decides to hear.<\/p>\n<p>(2) A person who is entitled to be heard may be represented by counsel or a solicitor.<\/p>\n<p>(3) The Authority, of its own initiative or on the application of an interested person, may hear the application wholly or partly in private.<\/p>\n<p>(4) Where the Authority has notice of proceedings pending in any court in regard to the custody of a child in respect of whom an application is before the Authority, the Authority shall make no order in the matter until the proceedings have been disposed of.<\/p>\n<p>(5) For the purposes of section 53, a reference to a person in paragraph (c) or (d) of subsection (1) of this section shall be read in so far as it applies to a child in respect of whom an adoption order is in force or who is the subject of an intercountry adoption effected outside the State that has been recognised under this Act, as a reference to the adopters or the surviving adopter under the order or intercountry adoption effected outside the State.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F49<br \/>\nInserted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 22(a), S.I. No. 443 of 2017.<\/p>\n<p>F50<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 22(b), S.I. No. 443 of 2017.<\/p>\n<p>F51<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>E38<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 120, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 2(2), S.I. No. 443 of 2017.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29046\" data-postid=\"29046\" class=\"themify_builder_content themify_builder_content-29046 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Visits and enquiries The Adoption Authority and the Child and Family Agency may authorise a member or employee to visit the homes of the child, the guardian of the child, the applicants for an adoption order or for the recognition of an intercountry adoption and the person having custody of the child for the purpose [&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\/29046"}],"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=29046"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29046\/revisions"}],"predecessor-version":[{"id":33058,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29046\/revisions\/33058"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29046"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29046"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29046"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}