{"id":29064,"date":"2023-11-11T15:13:41","date_gmt":"2023-11-11T15:13:41","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29064"},"modified":"2024-03-13T23:13:14","modified_gmt":"2024-03-13T23:13:14","slug":"effect-of-adoption","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/effect-of-adoption\/","title":{"rendered":"Effect of Adoption"},"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\/effect-of-adoption\/#Parental_rights_and_duties\" title=\"Parental rights and duties\">Parental rights and duties<\/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\/effect-of-adoption\/#Where_adopter_is_step_parent_of_child\" title=\"Where adopter is step parent of child\">Where adopter is step parent of child<\/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\/effect-of-adoption\/#Succession\" title=\"Succession\">Succession<\/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\/effect-of-adoption\/#Interpretation_of_Documents\" title=\"Interpretation of Documents\">Interpretation of Documents<\/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\/effect-of-adoption\/#Stamp_Duty\" title=\"Stamp Duty\">Stamp Duty<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/effect-of-adoption\/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-7\" href=\"https:\/\/legalblog.ie\/effect-of-adoption\/2\/#Recognition_and_effects_of_intercountry_adoption_effected_outside_State\" title=\"Recognition and effects of intercountry adoption effected outside State.\">Recognition and effects 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-8\" href=\"https:\/\/legalblog.ie\/effect-of-adoption\/2\/#Parental_rights_and_duties-2\" title=\"Parental rights and duties.\">Parental rights and duties.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/effect-of-adoption\/2\/#Effect_of_adoption_where_adopter_is_step_parent_of_child\" title=\"Effect of adoption where adopter is step parent of child\">Effect of adoption where adopter is step parent of child<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/effect-of-adoption\/2\/#Subsequent_marriage_of_birth_parents\" title=\"Subsequent marriage of birth parents.\">Subsequent marriage of birth parents.<\/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\/effect-of-adoption\/2\/#Property_rights\" title=\"Property rights.\">Property rights.<\/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\/effect-of-adoption\/2\/#Orders_to_make_payment_for_benefit_of_child\" title=\"Orders to make payment for benefit of child.\">Orders to make payment for benefit of child.<\/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\/effect-of-adoption\/2\/#Transitional_%E2%80%94_foreign_adoptions_in_process_immediately_before_establishment_day\" title=\"Transitional \u2014 foreign adoptions in process immediately before establishment day.\">Transitional \u2014 foreign adoptions in process immediately before establishment day.<\/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\/effect-of-adoption\/2\/#Continuation_in_force_of_certain_declarations_of_eligibility_and_suitability\" title=\"Continuation in force of certain declarations of eligibility and suitability\">Continuation in force of certain declarations of eligibility and suitability<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Parental_rights_and_duties\"><\/span>Parental rights and duties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2010 Act provides that when an adoption order is made or where an adoption effected outside the State is recognised under this Act, the child concerned shall be considered as the child of the adopters and the birth parents or guardian shall lose all parental rights and be freed from all parental duties with respect to the child (unless the pre-existing legal parent-child relationship is not terminated \u2013 such as may arise in an intercountry adoption).<\/p>\n<p>The Children and Family Relationships Act 2015 amended section 58 of the 2010 Act to provide that where a civil partnered couple or a cohabiting couple jointly adopt a child, each member of the couple and the child will have all the rights and duties of parents and children in relation to each other. It also provides that a female second parent who places a child for adoption will be freed from such parental rights and duties on the same basis as a father in this situation. .<\/p>\n<p>An adopted child shall be considered, with regard to the rights and duties of parents and children in relation to each other, as the child of the adopter or adopters and that the child\u2019s mother, guardian or relevant non-guardian (as defined in section 3) shall lose all parental rights and be freed from parental duties in respect of the child.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Where_adopter_is_step_parent_of_child\"><\/span>Where adopter is step parent of child<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A child\u2019s mother, guardian or relevant non-guardian (as defined ) shall not lose all parental rights in respect of his or her child when that child is adopted by a step parent (and where such mother or guardian is a spouse, civil partner or cohabitant of the adopter) (see definition of step parent ). A child who is adopted by his or her step parent, shall, upon the making of an adoption order, be regarded as the child of that step parent and the step parent\u2019s spouse, civil partner or cohabitant shall retain all parental rights in respect of that child.<\/p>\n<p>2010 Act provides that the validity of an adoption order is not affected by the subsequent marriage of the child\u2019s birth parents unless the child has been adopted by one of his or her birth parents and their subsequent marriage to each other legitimates the child. In that case, the Legitimacy Act 1931 applies and the adoption order ceases to be in force.<\/p>\n<p>The Children and Family Relationships Act 2015 amended section 59 of the 2010 Act to substitute the term \u2018parents\u2019 for \u2018birth parents\u2019 in the section. Section 122 of the 2015 Act is repealed by\u00a0 The 2017 Act.\u00a0The 2017 Act amends section 59 of the 2010 Act to replace the term \u2018birth parents\u2019 with \u2018parents\u2019 and to clarify that the reference to parents in section 59 is a reference to a child\u2019s birth parents only.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Succession\"><\/span>Succession<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where an adopted person or an adopter dies intestate, his or her property shall devolve as if the adopted person were the child of the adopters born to them in lawful wedlock and not the child of any other person. In any disposition of property, including by will, after the date of the adoption order, a reference to the child or children of the adopter or adopters shall be read as including a reference to the adopted person.<\/p>\n<p>For the purposes of the devolution of any property or where an adopter or adopted child dies intestate, an adopted person shall be deemed to be related to any other child (whether adopted or not) of both spouses as brother or sister of the whole blood and in any other case as a brother or sister of the half-blood.<\/p>\n<p>A disposition made by will or codicil executed before the date of the adoption order shall not be treated as made after that date by reason only that the will or codicil is confirmed by a codicil executed after that date.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Interpretation_of_Documents\"><\/span>Interpretation of Documents<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A reference in any disposition of real or personal property made, whether by instrument <em>inter vivos <\/em>or by will (including codicil), made after the date of the adoption order or the recognition of an intercountry adoption effected outside the State to the child or children of the birth parents after the date of the adoption order shall be read as not including a reference to the adopted person.<\/p>\n<p>Any reference in any disposition of real or personal property made, whether by instrument <em>inter vivos <\/em>or by will (including codicil), made after the date of the adoption order or the recognition of an intercountry adoption effected outside the State to a person related to the adopted person in any degree shall be read as a reference to the person who would be related if the adopted person was the child, born in lawful wedlock, of the adopters.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Stamp_Duty\"><\/span>Stamp Duty<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Children and Family Relationships Act 2015 amended section 60 of the 2010 Act to apply the provisions regarding property rights and stamp duty on conveyances or transfers of land to a situation in which a child has been adopted jointly by a civil partnered couple or cohabiting couple who have lived together for 3 years. Section 123 of the 2015 Act is repealed by\u00a0 The 2017 Act.<\/p>\n<p>The 2017 Act amends section 60 of the 2010 Act to provide that for the purposes of this section, an adopted person is to be regarded as the child of his or her adopter and not the child of his or her pre-adoption parents. The section provides that references to adopters who are a couple includes adopters who were married to each other, civil partners of each other or a cohabiting couple at the time the adoption order concerned was made but who are no longer married to each other, civil partners of each other or living together as a cohabiting couple, as the case may be at the time of the disposition of the property concerned.<\/p>\n<p>2010 Act provides that for the purposes of stamp duties chargeable on conveyances or transfers of land, an adopted person shall be considered as the child of the adopter or adopters born to him, her or them in lawful wedlock.<\/p>\n<p>For the purposes of stamp duty chargeable on conveyances or transfers of land, an adopted person is regarded as the child of his or her adopter or adopters and not the child of any other person.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ADOPTION ACT 2010<\/h2>\n<p>PART 8<\/p>\n<p>Effects of Adoption orders and of State Recognition of Intercountry Adoptions<\/p>\n<h4>Recognition and effects of intercountry adoption effected outside State.<\/h4>\n<p>57.\u2014 (1) In this section, \u201ccompetent authority\u201d includes a person serving in another state in the capacity of a competent authority for the purposes of an intercountry adoption effected outside the State.<\/p>\n<p>(2) Subject to subsections (3) and (4), an intercountry adoption effected outside the State that\u2014<\/p>\n<p>(a) if effected at any time before the establishment day\u2014<\/p>\n<p>(i) is an adoption that, at that time, conformed to the definition of \u201cforeign adoption\u201d in section 1 of the Adoption Act 1991, and<\/p>\n<p>(ii) has been certified under a certificate issued by the competent authority of the state of the adoption as having been effected under and in accordance with the law of that state, or<\/p>\n<p>(b) if effected on or after the establishment day, has been certified under a certificate issued by the competent authority of the state of the adoption\u2014<\/p>\n<p>(i) in the case of an adoption referred to in paragraph (b) of the definition of \u201cintercountry adoption effected outside the State\u201d in section 3(1), as having been effected by an adopter or adopters who were habitually resident in that state at the time of the adoption under and in accordance with the law of that state, and<\/p>\n<p>(ii) in any other case, as having been effected in accordance with the Hague Convention or with a bilateral agreement or with an arrangement referred to in section 81, as the case may be,<\/p>\n<p>unless contrary to public policy, is hereby recognised, and is deemed to have been effected by a valid adoption order made on the later of the following:<\/p>\n<p>(I) the date of the adoption;<\/p>\n<p>(II) the date on which, under section 90, the Authority enters particulars of the adoption in the register of intercountry adoptions.<\/p>\n<p>(3) Subject to subsection (4), if an intercountry adoption effected outside the State that, under subsection (2), is recognised and deemed to have been effected by a valid adoption order has the effect in the state of the adoption of terminating a pre-existing legal parent-child relationship, the adoption, as of the date of the deeming under that subsection, has substantially the same effect as an adoption effected by an adoption order.<\/p>\n<p>(4) If an intercountry adoption effected outside the State that, under subsection (2) is recognised and deemed to have been effected by a valid adoption order, does not have the effect in the state of the adoption of terminating a pre-existing legal parent-child relationship, the adoption, as of the date of the deeming under that subsection, has the effect, in respect of the child, of making applicable section 58(a) but not section 58(b).<\/p>\n<h4>Parental rights and duties.<\/h4>\n<p>F62[58. Subject to section 58A, upon an adoption order being made, or the recognition under this Act of an intercountry adoption effected outside the State\u2014<\/p>\n<p>(a) the child concerned shall be considered, with regard to the rights and duties of parents and children in relation to each other as the child of the adopter or adopters, and<\/p>\n<p>(b) with respect to the child\u2014<\/p>\n<p>(i) the mother or guardian of the child, and<\/p>\n<p>(ii) every relevant non-guardian of the child,<\/p>\n<p>shall, subject to section 57, lose all parental rights and be freed from all parental duties in respect of the child.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F62<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 25, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E39<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 121, 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>F63[<\/p>\n<h4>Effect of adoption where adopter is step parent of child<\/h4>\n<p>]<\/p>\n<p>F63[58A.\u2014 (1) Section 58 shall not apply where the adopter of a child is a step parent of the child and, in that case, upon an adoption order being made\u2014<\/p>\n<p>(a) the child concerned shall be considered, with regard to the rights and duties of parents and children in relation to each other, as the child of\u2014<\/p>\n<p>(i) the adopter and the adopter\u2019s spouse,<\/p>\n<p>(ii) the adopter and the adopter\u2019s civil partner, or<\/p>\n<p>(iii) the adopter and the adopter\u2019s co-habitant,<\/p>\n<p>and<\/p>\n<p>(b) with respect to the child\u2014<\/p>\n<p>(i) the mother or guardian, unless such mother or guardian is a person referred to in subparagraph (i), (ii) or (iii) of paragraph (a), and<\/p>\n<p>(ii) every relevant non-guardian of the child,<\/p>\n<p>shall, subject to section 57, lose all parental rights and shall be freed from all parental duties in respect of that child.<\/p>\n<p>(2) Nothing in this section shall operate to affect the legal parent-child relationship of a person, being a mother or guardian secondly referred to in paragraph (b) (i), with regard to his or her child, who is the subject of the adoption order referred to in subsection (1).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F63<br \/>\nInserted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 26, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E40<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<h4>Subsequent marriage of birth parents.<\/h4>\n<p>59.\u2014 (1) Subject to subsection (2)\u2014<\/p>\n<p>(a) the validity of an adoption order in relation to a child born of parents not married to each other and the provisions of this Act in regard to the effects of the order are not affected by the subsequent marriage of F64[those parents], and<\/p>\n<p>(b) the Legitimacy Act 1931 does not apply to the child unless the order is set aside.<\/p>\n<p>(2) Subsection (1) does not apply where the child has been adopted by one of his or her F65[parents referred to in subsection (1)] and their subsequent marriage to each other would, apart from that subsection, legitimate the child.<\/p>\n<p>(3) In that case, the Legitimacy Act 1931 applies and the adoption order ceases to be in force.<\/p>\n<p>(4) Upon the re-registration of the birth of the child under section 24 of the Civil Registration Act 2004, an tArd-Chl\u00e1raitheoir shall cancel the entry in the Adopted Children Register concerned and notify the Authority accordingly.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F64<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 27(a), S.I. No. 443 of 2017.<\/p>\n<p>F65<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 27(b), S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E41<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 122, 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>Property rights.<\/h4>\n<p>60.\u2014 (1) In this section, \u201cproperty\u201d does not include property subject to an entailed interest under a disposition made before the date of the adoption order or the recognition of an intercountry adoption effected outside the State.<\/p>\n<p>(2) Where, at any time after the making of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be, the F66[adopter or adopters], the adopted person or any other person dies intestate in respect of any real or personal property, that property shall devolve in all respects as if the adopted person were\u2014<\/p>\n<p>F67[(a) the child of the adopter or adopters]<\/p>\n<p>F68[(b) subject to section 58A, not the child of any other person.]<\/p>\n<p>(3) In any disposition of real or personal property made, whether by instrument inter vivos or by will (including codicil), after the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be\u2014<\/p>\n<p>(a) a reference (whether express or implied) to the child or children of the adopter or adopters shall be read, unless the contrary intention appears, as, or as including, a reference to the adopted person,<\/p>\n<p>(b) a reference (whether express or implied) to the child or children of the adopted person\u2019s F69[parent or parents] shall be read, unless the contrary intention appears, as not being, or as not including, a reference to the adopted person, and<\/p>\n<p>F70[(c) any reference (whether express or implied) to a person related to the adopted person in any degree shall be read, unless the contrary intention appears, as a reference to the person who would be related to the adopted person in that degree if the adopted person were\u2014<\/p>\n<p>(i) the child of the adopter or adopters, and<\/p>\n<p>(ii) subject to section 58A, not the child of any other person.]<\/p>\n<p>(4) For the purposes of\u2014<\/p>\n<p>(a) the devolution of any property in accordance with this section, and<\/p>\n<p>(b) the construction of any disposition to which subsection (2) applies,<\/p>\n<p>an adopted person shall be deemed to be related to any other person being the child or adopted child of the adopters or of either of them\u2014<\/p>\n<p>F71[(i) where the adopters are a couple, within the meaning of subsection (7) and the other person is the child or adopted child of that couple, both persons, as brother or sister of the whole blood, and]<\/p>\n<p>(ii) in any other case, as brother or sister of the half-blood.<\/p>\n<p>(5) Notwithstanding any rule of law, a disposition made by will or codicil executed before the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be, shall not be treated for the purposes of this section as made after that date by reason only that the will or codicil is confirmed by a codicil executed after that date.<\/p>\n<p>(6) Where an adoption order is made in respect of a person who had been previously adopted, the previous adoption shall be disregarded for the purposes of this section in relation to\u2014<\/p>\n<p>(a) the devolution of any property on the death of a person dying intestate after the date of the subsequent adoption order, and<\/p>\n<p>(b) any disposition of property after that date.<\/p>\n<p>F72[(7) In this section references to adopters who are a couple means adopters who are\u2014<\/p>\n<p>(a) married to each other,<\/p>\n<p>(b) civil partners of each other, or<\/p>\n<p>(c) a cohabiting couple,<\/p>\n<p>as the case may be, and any such references shall be construed as including references to adopters who were married to each other, civil partners of each other or living together as a cohabiting couple, as the case may be, at the time the adoption order concerned was made or the intercountry adoption effected outside the State concerned was recognised, as the case may be, but who are no longer married to each other, civil partners of each other or living together as a cohabiting coup le, as the case may be, at the time of the disposition of the property concerned.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F66<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 28(a)(i), S.I. No. 443 of 2017.<\/p>\n<p>F67<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 28(a)(ii), S.I. No. 443 of 2017.<\/p>\n<p>F68<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 28(a)(iii), S.I. No. 443 of 2017.<\/p>\n<p>F69<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 28(b)(i), S.I. No. 443 of 2017.<\/p>\n<p>F70<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 28(b)(ii), S.I. No. 443 of 2017.<\/p>\n<p>F71<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 28(c), S.I. No. 443 of 2017.<\/p>\n<p>F72<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 28(d), S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E42<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 123, 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>Stamp duty on land.<\/p>\n<p>F73[61.\u2014 For the purposes of the stamp duties chargeable on conveyances or transfers of land, an adopted person, shall, subject to section 58A, be regarded as the child of the adopter or adopters and not the child of any other person.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F73<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 29, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E43<br \/>\nPrevious affecting provision: section substituted by Children and Family Relationships Act 2015 (9\/2015), s. 124, 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>Orders to make payment for benefit of child.<\/h4>\n<p>62.\u2014 Where an adoption order is made under this Act, then\u2014<\/p>\n<p>(a) any order under which F74[a parent] of the child is required to make payments specifically for the benefit of the child, and<\/p>\n<p>(b) any agreement whereby F74[a parent] of the child has undertaken to make payments specifically for the benefit of the child,<\/p>\n<p>ceases to have effect, but without prejudice to the recovery of any arrears due under the order or agreement at the date of the adoption order.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F74<br \/>\nSubstituted (19.10.2017) by Adoption (Amendment) Act 2017 (19\/2017), s. 30, S.I. No. 443 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E44<br \/>\nPrevious affecting provision: section amended by Children and Family Relationships Act 2015 (9\/2015), s. 125, 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>Transitional \u2014 foreign adoptions in process immediately before establishment day.<\/h4>\n<p>63.\u2014 (1) In this section, \u201cforeign adoption\u201d means a foreign adoption within the meaning of section 1 of the Adoption Act 1991.<\/p>\n<p>(2) If, immediately before the establishment day, a foreign adoption described in the Adoption Act 1991 is not yet effected but is still in process as provided for under that Act\u2014<\/p>\n<p>(a) if the persons who applied under the Adoption Act 1991 had been issued with a declaration of eligibility and suitability before the establishment day, the adoption may proceed under this Act as if\u2014<\/p>\n<p>(i) it were commenced under this Act and the date of the issue of the declaration were that day,<\/p>\n<p>(ii) the persons had applied under section 37 of this Act, and<\/p>\n<p>(iii) section 40(1)(b) of this Act read \u201cin another contracting state or a state that, in the opinion of the Authority, applied standards regarding the adoption concerned that accord with those in the Hague Convention\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in any other case,<\/p>\n<p>the adoption may proceed under this Act as if it were commenced under this Act.<\/p>\n<p>F75[<\/p>\n<h4>Continuation in force of certain declarations of eligibility and suitability<\/h4>\n<p>63A.\u2014 (1) A declaration of eligibility and suitability to which section 63(2)(a) applies and which\u2014<\/p>\n<p>(a) was in force on the relevant date, and<\/p>\n<p>(b) specified the Russian Federation as the state to which the declaration applied,<\/p>\n<p>shall be deemed to have remained in force during the period commencing on the relevant date and ending on the day immediately preceding the passing of the Adoption (Amendment) Act 2013 and shall, subject to this Act, continue in force from such passing until 31 October 2014.<\/p>\n<p>(2) A declaration of eligibility and suitability which continues in force by virtue of subsection (1) shall not be amended under section 41(2) to specify any state other than the Russian Federation as the state to which the declaration applies.<\/p>\n<p>(3) In this section &#8220;relevant date&#8221; means, in relation to a declaration of eligibility and suitability, 31 October 2013.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F75<br \/>\nInserted (20.12.2013) by Adoption (Amendment) Act 2013 (44\/2013), s. 1, commenced on enactment.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29064\" data-postid=\"29064\" class=\"themify_builder_content themify_builder_content-29064 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Parental rights and duties The 2010 Act provides that when an adoption order is made or where an adoption effected outside the State is recognised under this Act, the child concerned shall be considered as the child of the adopters and the birth parents or guardian shall lose all parental rights and be freed from [&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\/29064"}],"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=29064"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29064\/revisions"}],"predecessor-version":[{"id":33031,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29064\/revisions\/33031"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29064"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29064"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29064"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}