Adoption Act 2010

PART 1

Preliminary and General Matters

Short title.

1.— This Act may be cited as the Adoption Act 2010.

Commencement.

2.— (1) This Act comes into operation on such day or days as the Minister may appoint by order or orders, either generally or with reference to any particular purpose or provision, and different days may be appointed for different purposes or different provisions.

(2) An order under subsection (1) may, in respect of the repeal of the Acts specified in Part 1 of Schedule 1 and the revocation of the statutory instruments specified in Part 2 of that Schedule effected by section 7, appoint different days for the repeal of different Acts or different provisions of them and the revocation of different statutory instruments or different provisions of them.

Annotations:

Editorial Notes:

Power pursuant to section exercised (1.11.2010) by Adoption Act 2010 (Commencement) Order 2010 (S.I. No. 511 of 2010).

2. The 1st day of November 2010 is appointed as the day on which the Adoption Act 2010 (No. 21 of 2010) comes into operation.

Interpretation.

3.— (1) In this Act, unless the context otherwise requires—

“accredited body” means a body of persons whose name is entered in the register of accredited bodies;

F1[‘Act of 2015’ means the Gender Recognition Act 2015;]

“Adopted Children Register” means the Adopted Children Register maintained by an tArd-Chláraitheoir under section 22 of the Adoption Act 1952 and continued in being by section 84;

“Adoption Acts” means the Adoption Acts 1952 to 1998;

“adoption committee” means a committee established by the F2[Child and Family Agency] under section 36;

“adoption order” means an order for the adoption of a child made—

(a) before the establishment day, by An Bord Uchtála under the Adoption Acts, or

(b) on or after the establishment day, by the Authority under this Act;

“Article”, 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;

“assessment of eligibility and suitability”, in relation to a person, means an assessment of whether or not the person—

(a) comes within the classes of persons in whose favour an adoption order may by virtue of section 33be made, and

(b) is under section 34 a suitable person to have parental rights and duties in relation to a child;

“the Authority” means the body established by section 94;

F3[‘bilateral agreement’ means an agreement referred to in section 73 entered into by the Government and a non-contracting state concerning intercountry adoption; ]

“bilateral agreement adoption” means an adoption—

(a) effected in accordance with a bilateral agreement in a state that is a party to the agreement, and

(b) certified, in accordance with the agreement, by the competent authority of the state of the adoption as having been so effected;

“Central Authority” means—

(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,

(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

(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,

and in each case, in relation to functions performable in the State, means the Authority;

“chief executive officer” means the person appointed to be the chief executive officer of the Authority under section 103;

“child” means any person who is under the age of 18 years;

“contracting state” 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—

(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

(b) each other contracting state;

“Convention adoption” 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;

“declaration of eligibility and suitability” means a declaration issued by the Authority under section 40;

“domestic adoption” 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;

“establishment day” means the establishment day appointed under section 6;

“financial year”, 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;

F1[‘gender recognition certificate’ has the same meaning as it has in the Gender Recognition Act 2015;]

“guardian”, in relation to a child, means a person who—

(a) is a guardian of the child pursuant to the Guardianship of Infants Act 1964, or

(b) is appointed to be a guardian of the child by—

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

“Hague Convention” 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;

“interim order” means an order under section 44;

“intercountry adoption” means the adoption of a child habitually resident in a state (the “state of origin”), whether a contracting state or non-contracting state, who has been, is being or is to be transferred into another state (the “receiving state”)—

(a) after the child’s adoption in the state of origin by a person or persons habitually resident in the receiving state, or

(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;

“intercountry adoption effected outside the State” means—

(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 “foreign adoption” in section 1 of the Adoption Act 1991,

(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 “foreign adoption” in section 1 of the Adoption Act 1991 as it read on 30 May 1991, or

(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;

“local authority” has the same meaning as it has in the Local Government Act 2001;

“Minister” means the Minister for Health and Children;

“non-contracting state” means a state other than a contracting state;

“orphan” means a child whose parents are dead;

“parent”, in relation to a child, means the mother or father or both of the child, whether or not they are married to each other;

“personal public service number” has the meaning assigned to it by section 262 of the Social Welfare (Consolidation) Act 2005;

“prescribed” means prescribed by the Minister by regulations under this Act;

“receiving state”, in relation to an intercountry adoption, means the state in which the prospective adopters of a child are habitually resident;

“register of accredited bodies” 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;

F1[‘register of gender recognition of intercountry adoptions’ means the register established under section 91A;]

“register of intercountry adoptions” 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;

“relative”, 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, relationship to the child being traced through the mother or the father;

“state of origin”, in relation to a child, means the state in which the child is habitually resident before—

(a) his or her adoption, or

(b) his or her proposed adoption,

by a person habitually resident in another state.

(2) In this Act, references to adopters shall, where the context so requires, include references to an adopter.

(3) In Schedule 2, in a head note to a numbered Article, the descriptor following the number—

(a) is not part of the Hague Convention, and

(b) shall be considered to have been added editorially for convenience of reference only.

Annotations:

Amendments:

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 32, S.I. No. 369 of 2015.

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.

Substituted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 49(a), commenced on enactment.

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 102(a), not commenced as of date of revision.

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 102(b)-(d), not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: definitions substituted and inserted by Children and Family Relationships Act 2015 (9/2015), s. 102, not commenced as of date of revision.

...

F4[‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘civil partner’ shall be construed in accordance with section 3 of the Act of 2010;

‘cohabitant’ shall be construed in accordance with section 172(1) of the Act of 2010;

‘cohabiting couple’ 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;

‘donor-conceived child’ has the same meaning as it has in Part 2 of the Act of 2015;

‘father’, in relation to a child, includes a man who is, under section 5 of the Act of 2015, a parent of the child where that child is a donor-conceived child;

‘second female parent’, in relation to a child, means a woman (other than the mother) who is, under section 5 of the Act of 2015, a parent of the child where that child is a donor-conceived child;]

“guardian”, in relation to a child, means a person who—

F5[(a) is a guardian of the child pursuant to the Guardianship of Infants Act 1964 other than a guardian appointed—

(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

(ii) under section 6E of that Act or]

...

F5[‘parent’, in relation to a child, means the mother, father or second female parent of the child;]

...

“relative”, 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, F5[relationship to the child being traced through a parent of that child];

References to making arrangements for adoption.

4.— 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:

(a) making any agreement or arrangement for, or facilitating, the adoption or maintenance of the child by any person;

(b) initiating or taking part in any negotiations the purpose or effect of which is the making of any such agreement or arrangement;

(d) offering to enter into negotiations on behalf of the child’s parents or prospective adopters for the purpose of arranging an adoption;

(e) carrying out or making any arrangement for the carrying out of an assessment of eligibility and suitability;

(f) preparing reports on assessments of eligibility and suitability;

(g) providing information, advice and counselling concerning adoption to any prospective adopters;

(h) providing information, advice and counselling concerning adoption to a mother or guardian who proposes to place a child for adoption;

(i) providing information and advice concerning the child’s medical or other status in connection with adoption;

(j) placing a child with any prospective adopters;

(k) one or more of the following:

(i) assisting—

(I) adopted persons (18 years of age or over) in tracing their birth parents or other relatives, and

(II) birth parents or other relatives (18 years of age or over) of adopted persons in tracing the adopted persons;

(ii) counselling the persons described in subparagraph (i);

(iii) mediating between adopted persons described in subparagraph (i) and birth parents or other relatives, both as described in that subparagraph.

Annotations:

Amendments:

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 103, not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: para. (k) amended by Children and Family Relationships Act 2015 (9/2015), s. 103, not commenced as of date of revision.

(k) one or more of the following:

(i) assisting—

(I) adopted persons (18 years of age or over) in tracing their F6[parents] or other relatives, and

(II) F6[parents] or other relatives (18 years of age or over) of adopted persons in tracing the adopted persons;

(ii) counselling the persons described in subparagraph (i);

(iii) mediating between adopted persons described in subparagraph (i) and F6[parents] or other relatives, both as described in that subparagraph.

Editorial Notes:

Adoption 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.

Supplemental provisions to section 4 in relation to certain intercountry adoptions.

5.— 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:

(a) contacting, directly or indirectly in connection with an intercountry adoption, any person, institution or authority in the child’s state of origin that is authorised by that state to make arrangements for adoption;

(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;

(c) transmitting to the Central Authority in the child’s 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.

Establishment day.

6.— The Minister by order shall appoint a day as the establishment day for the purposes of this Act.

Annotations:

Editorial Notes:

E10

Power pursuant to section exercised (1.11.2010) by Adoption Act 2010 (Establishment Day) Order 2010 (S.I. No. 512 of 2010).

2. The 1st day of November 2010 is appointed as the establishment day for the purposes of the Adoption Act 2010 (No. 21 of 2010).

Repeals and revocations.

7.— (1) The Acts specified in Part 1 of Schedule 1 are repealed to the extent specified in column (3) of that Part of that Schedule.

(2) The statutory instruments specified in Part 2 of Schedule 1 are revoked to the extent specified in column (3) of that Part of that Schedule.

Expenses.

8.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Legal Effect of Hague Convention

Hague Convention to have force of law.

9.— The Hague Convention has the force of law in the State.

10.

Explanatory report.

10.— (1) Judicial notice shall be taken of the explanatory report prepared by G. Parra-Aranguren in relation to the Hague Convention, a copy of which has been placed in the Oireachtas Library.

(2) When interpreting any provision of the Hague Convention, a court or the Authority, as the case may be, shall pay due regard to that explanatory report.

PART 3

Placement for Adoption

Chapter 1

Interpretation

11.

Interpretation (Part 3).

11.— In this Part—

“accredited body” includes the F7[Child and Family Agency];

“father”, in relation to a child, includes a person who believes himself to be the father of the child.

Annotations:

Amendments:

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 104, not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: definition inserted by Children and Family Relationships Act 2015 (9/2015), s. 104, not commenced as of date of revision.

F8[‘second female parent’, in relation to a child, includes a woman who believes herself to be the second female parent of the child.]

Chapter 2

Placement of Children for Adoption

12.

Visits and enquiries pertaining to adoptions.

12.— (1) The Authority may authorise a member or employee of the Authority or of the F9[Child and Family Agency] to—

(a) visit the homes of the child, the guardian 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

(b) to make enquiries on behalf of the Authority.

(2) For the purposes of this section, “guardian” does not include the mother or father of the child.

Annotations:

Amendments:

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.

F10

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 105, not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: subs. (2) substituted by Children and Family Relationships Act 2015 (9/2015), s. 105, not commenced as of date of revision.

F10[(2) For the purposes of this section, ‘guardian’ does not include a parent of the child.]

13.

Restriction on placing child for adoption.

13.— An accredited body shall not place a child for adoption unless—

(a) the child has attained the age of 6 weeks,

(b) it does so only for adoption purposes under this Act, and

(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).

14.

Explanation to mother or guardian as to effect of adoption.

14.— 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—

(a) furnish the mother or guardian with a statement in writing explaining—

(i) that a placement for adoption is the beginning of the adoption process,

(ii) the effect of a placement for adoption upon the rights of a mother or guardian,

(iii) the effect of an adoption order upon the rights of a mother or guardian, and

(iv) the requirements specified in sections 26 to 28 in respect of the consents necessary under this Act in relation to an adoption order,

(b) ensure that the mother or guardian understands the statement and signs a document to that effect, and

15.

Care of child pending placement.

15.— (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—

(a) for the care of children, and

(b) for securing generally their welfare,

may arrange for appropriate care for the child, subject to the accredited body’s control and supervision, pending the placement of the child for adoption.

(2) Section 23P of the Child Care Act 1991 does not apply to—

(a) the making of an arrangement by an accredited body under subsection (1), or

(b) a person undertaking the care of a child under the arrangement.

16.

Right of father who wishes to be consulted.

16.— (1) The father of a child, by notice to the Authority, may advise the Authority of his wish to be consulted in relation to—

(a) a proposal by an accredited body to place the child for adoption, or

(b) an application by the mother or a relative of the child for an adoption order in respect of the child.

(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.

Annotations:

Amendments:

F11

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 106, not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: section substituted by Children and Family Relationships Act 2015 (9/2015), s. 106, not commenced as of date of revision.

F11[Right to be consulted

16. (1) The father or second female parent of a child, by notice to the Authority, may advise the Authority of his or her wish to be consulted in relation to—

(a) a proposal by an accredited body to place the child for adoption, or

(b) an application by the mother or a relative of the child for an adoption order in respect of the child.

(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.]

17.

Pre-placement consultation procedure.

17.— (1) Where an accredited body proposes to place a child for adoption—

(a) the accredited body, in writing and in a form approved by the Authority, shall request the Authority to provide it with a copy of any notice received by the Authority from the father of the child under section 16(1), and

(b) the Authority—

(i) as soon as practicable shall provide the notice, if any, to the accredited body, or

(ii) if at the time of the request the Authority has not received the notice, so inform the accredited body and afterwards, if the Authority receives the notice, forthwith provide it to the accredited body.

(2) Subject to this section and section 18, where an accredited body proposes to place a child for adoption, the accredited body, before placing the child for adoption, shall take such steps as are reasonably practicable to consult the father for the purpose of—

(a) informing him of the proposed placement,

(b) explaining to him the legal implications of, and the procedures related to, adoption, and

(3) Where the father indicates to the accredited body that he—

(a) has no objection to the placement, the accredited body, at any time afterwards, may place the child for adoption, or

(b) objects to the proposed placement of the child for adoption, the accredited body shall—

(i) notify the father and the mother in writing in the prescribed manner that the accredited body is deferring the placement for a period specified in the notice, not being less than 21 days, commencing on the date of the notice, for the purpose of affording the father an opportunity to make an application to court under section 6A or 11(4) of the Guardianship of Infants Act 1964, and

(ii) defer the placement in accordance with the notification.

(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.

(5) Where an accredited body has not received—

(a) a notice referred to in subsection (4) within the deferral period referred to in subsection (3)(b)(i), and

(b) any indication from the father under paragraph (a) or (b) of subsection (3) within 21 days of informing the father under subsection (2)(a) of the proposed placement of the child,

the accredited body, at any time thereafter, unless it receives a notice referred to in subsection (4), may place the child for adoption.

(6) A party to an application to court referred to in subsection (3)(b)(i) may apply to the court for, and the court may grant, an order it considers appropriate to expedite the proceedings on the application in the best interests of the child, including but not limited to an order—

(a) for substituted service, or

(b) for abridging the time fixed by rules of court for taking any step or doing any act in the proceedings.

Annotations:

Amendments:

F12

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 107, not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: Subs. (1)(a) amended, subs. (2) substituted and subss. (3), (3)(b)(i) and (5)(b) amended by Children and Family Relationships Act 2015 (9/2015), s. 107, not commenced as of date of revision.

17.— (1) Where an accredited body proposes to place a child for adoption—

(a) the accredited body, in writing and in a form approved by the Authority, shall request the Authority to provide it with a copy of any notice received by the Authority from the F12[the father or second female parent] of the child under section 16(1), and

...

F12[(2) Subject to this section, sections 18 and 18A (inserted by section 109 of the Act of 2015), where an accredited body proposes to place a child for adoption, the accredited body, before placing the child for adoption, shall take such steps as are reasonably practicable to consult the father or second female parent, as the case may be, for the purposes of—

(a) informing him or her of the proposed placement,

(b) explaining the legal implications of, and the procedures related to, adoption, and

(3) F12[Where the father or second female parent, as the case may be, indicates to the accredited body that he or she]— ...

(b) objects to the proposed placement of the child for adoption, the accredited body shall—

F12[(i) notify the father or second female parent, as the case may be, and mother in writing in the prescribed manner that the accredited body is deferring the placement for the period specified in the notice, not being less than 21 days, commencing on the date of the notice, for the purpose of affording the father or second female parent, as the case may be, an opportunity to make an application to court under section 6A or 11(4) of the Guardianship of Infants Act 1964, and]

...

(5) Where an accredited body has not received— ...

(b) any indication from F12[the father or second female parent, as the case may be,] under paragraph (a) or (b) of subsection (3) within 21 days of informing F12[the father or second female parent, as the case may be,] under subsection (2)(a) of the proposed placement of the child,

...

Editorial Notes:

E11

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.

18.

Where father not consulted.

18.— (1) If an accredited body is unable to consult the father of a child for the purposes of section 17(2), the accredited body, in a form and manner approved by the Authority, shall notify the Authority to that effect.

(2) If satisfied that the accredited body has taken such steps as are reasonably practicable to consult the father, the Authority may authorise the accredited body to place the child for adoption.

(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 the father indicating that he objects to the placement.

(4) Where, on an application by an accredited body that proposes to place a child for adoption, the Authority is satisfied that, having regard to—

(a) the nature of the relationship between the father and mother, or

(b) the circumstances of the conception of the child,

it is inappropriate for the accredited body to contact the father in respect of the placement of the child—

(i) the Authority, after first obtaining the approval of the High Court, may authorise the accredited body to place the child for adoption, and

(ii) at any time after being so authorised, the accredited body may place the child for adoption.

(5) If the identity of the father of a child is unknown to an accredited body and the mother refuses to reveal the father’s identity, the accredited body—

(a) shall counsel the mother in order to attempt to obtain her co-operation, indicating to her—

(i) that the adoption may be delayed,

(ii) the possibility of the father contesting the adoption at a later date,

(iii) that the absence of information about the medical, genetic and social background of the father may be detrimental to the health, development or welfare of the child, and

(iv) such other matters as the accredited body considers are appropriate in the circumstances,

and

(b) if the mother, after counselling, continues to refuse to reveal the identity of the father, shall furnish the Authority with a written report of the counselling that the accredited body has provided.

(6) Where the Authority receives a written report referred to in subsection (5)(b) and is satisfied that the accredited body—

(a) has taken such steps as are reasonably practicable to obtain the co-operation of the mother, and

(b) has no other practical way of ascertaining the father’s identity,

then—

(i) the Authority, after first obtaining the approval of the High Court, may authorise the accredited body to place the child for adoption, and

(ii) at any time after being so authorised, if the accredited body has not ascertained the father’s identity, the accredited body may place the child for adoption.

(7) Where the mother of a child provides an accredited body with a statutory declaration stating that she is unable to identify the father, then—

(a) the Authority, after first obtaining the approval of the High Court, may authorise the accredited body to place the child for adoption, and

(b) the accredited body, at any time thereafter, may place the child for adoption if the accredited body has no other practical way of ascertaining the father’s identity.

F13[(8) An application for approval under this section shall be heard in private.]

Annotations:

Amendments:

F13

Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 10, S.I. No. 5 of 2014.

F14

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 108(a)-(c) and (d)(i), not commenced as of date of revision.

F15

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 108(d)(ii), not commenced as of date of revision.

Modifications (not altering text):

C10

Prospective affecting provision: subss. (1)-(4) amended by Children and Family Relationships Act 2015 (9/2015), s. 108, not commenced as of date of revision.

18.— (1) If an accredited body is unable to consult F14[the father or second female parent, as the case may be,] of a child for the purposes of section 17(2), the accredited body, in a form and manner approved by the Authority, shall notify the Authority to that effect.

(2) If satisfied that the accredited body has taken such steps as are reasonably practicable to consult F14[the father or second female parent, as the case may be,], the Authority may authorise the accredited body to place the child for adoption.

(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 F14[the father or second female parent, as the case may be, indicating that he or she] objects to the placement.

(4) Where, on an application by an accredited body that proposes to place a child for adoption, the Authority is satisfied that, having regard to—

(a) the nature of the relationship between F14[the father or second female parent, as the case may be,] and mother, or

F15[(b) the circumstances of the conception of the child, other than where the child is a donor-conceived child,]

it is inappropriate for the accredited body to contact F14[the father or second female parent, as the case may be,] in respect of the placement of the child—

(i) the Authority, after first obtaining the approval of the High Court, may authorise the accredited body to place the child for adoption, and

(ii) at any time after being so authorised, the accredited body may place the child for adoption.

C11

Application of subs. (8) 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 “relevant enactments”) 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 “relevant enactment” 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.

Proceedings heard otherwise than in public.

40.— ...

(2) [...]

(3) Nothing contained in a relevant enactment shall operate to prohibit—

(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

(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—

(i) attend the proceedings, and

(ii) have access to any relevant documents,

subject to any directions the court may give in that behalf.]

[(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.

(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—

(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

(ii) by reason of the nature or circumstances of the case, or

(iii) as it is otherwise necessary in the interests of justice,

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—

(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

(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,

and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.

(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:

(i) the best interests of a child to whom the proceedings relate;

(ii) the views, if any, of—

(I) a party to the proceedings, and

(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

(iii) whether information given or likely to be given in evidence is sensitive personal information;

(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;

(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;

(vii) whether information given or likely to be given in evidence is commercially sensitive information; and

(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.

(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.

(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.

(f) In this subsection—

‘commercially sensitive information’ means—

(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

(ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;

‘party to the proceedings’ includes a witness in the proceedings;

‘sensitive personal information’ 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—

(i) information relating to the medical, psychiatric or psychological history of the person,

(ii) information relating to the tax affairs of the person,

(iii) information relating to the sexual conduct or sexual orientation of the person.]

(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.

(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.

(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—

(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

(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.

(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—

(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.

(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.

(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.

[(11) In subsection (3), ‘relevant documents’, in relation to any proceedings referred to in that subsection—

(a) subject to paragraph (b), means—

(i) the petition, summons or other originating document in the proceedings,

(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

(iii) any order made by the court in the proceedings,

(b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.]

F16[No pre-placement consultation required

18A

18A....]

Annotations:

Amendments:

F16

Inserted by Child and Family Relationships Act 2015 (9/2015), s. 109, not commenced as of date of revision.

Modifications (not altering text):

C12

Prospective affecting provision: section inserted by Child and Family Relationships Act 2015 (9/2015), s. 109, not commenced as of date of revision.

F16[18A. (1) Where an accredited body proposes to place a child for adoption and the mother or guardian of the child has furnished evidence to the accredited body that the child—

(a) is a donor-conceived child, and

(b) has no parent other than the mother,

the accredited body shall furnish evidence of the matters referred to in paragraphs (a) and (b) to the Authority in such form and manner as the Authority specifies.

(2) Where, having considered any evidence furnished by an accredited body under subsection (1), the Authority is satisfied that a child the accredited body proposes to place for adoption—

(a) is a donor-conceived child, and

(b) has no parent other than the mother,

it may authorise that accredited body to place that child for adoption.]

PART 4

Domestic Adoptions and Intercountry Adoptions

Chapter 1

Adoption Orders and Consents to Adoption Orders

19.

Welfare of child.

19.— In any matter, application or proceedings before—

(a) the Authority, or

(b) any court,

relating to the question of the arrangements for the adoption of a child, for the making of an adoption order or for the recognition of an intercountry adoption outside the State, the Authority or the court, in deciding that question, shall regard the welfare of the child as the first and paramount consideration.

20.

Authority’s power to make adoption order or recognise intercountry adoption effected outside State.

20.— (1) On the application of a person, or persons if they are a married 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.

(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.

(3) Where the applicants are a married couple—

(a) the adoption order shall be for the adoption of the child by them jointly, or

(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.

(4) In making an adoption order, the Authority is required to take into account—

(a) the relevant assessment report prepared under section 37, and

(b) the relevant declaration of eligibility and suitability if one has been issued under section 40.

(5) In recognising an intercountry adoption effected outside the State, the Authority may take into account—

(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

(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.

(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.

Annotations:

Amendments:

F17

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 110, not commenced as of date of revision.

Modifications (not altering text):

C13

Prospective affecting provision: subss. (1) and (3) amended by Children and Family Relationships Act 2015 (9/2015), s. 110, not commenced as of date of revision.

20.— (1) On the application of a person, or persons if they are F17[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.

...

(3) Where the applicants are F17[a married couple, a couple who are civil partners of each other or a cohabiting couple]—

...

21.

Discontinuance of proceedings for adoption order or for recognition of intercountry adoption effected outside State.

21.— (1) By notice delivered to the F18[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.

(2) The F18[Child and Family Agency], as soon as practicable after receipt of notice under subsection (1), shall give notice of the discontinuance to the Authority, any adoption committee concerned and the birth parents of the child who was proposed to be adopted.

Annotations:

Amendments:

F18

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.

F19

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 111, not commenced as of date of revision.

Modifications (not altering text):

C14

Prospective affecting provision: subs. (2) amended by Children and Family Relationships Act 2015 (9/2015), s. 111, not commenced as of date of revision.

(2) The F18[Child and Family Agency], as soon as practicable after receipt of notice under subsection (1), shall give notice of the discontinuance to the Authority, any adoption committee concerned and the F19[parents] of the child who was proposed to be adopted.

22.

Contribution by F20[Child and Family Agency] towards adoption expenses.

22.— The F20[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.

Annotations:

Amendments:

F20

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.

23.

Children who may be adopted.

23.— (1) The Authority shall not make an adoption order unless the child—

(a) resides in the State,

(b) at the date of the application, is not more than 7 years of age,

(d) has been in the care of the applicants for the prescribed period (if any).

(2) The Authority, having regard to the particular circumstances of the case, may make an adoption order notwithstanding that the child has not been in the care of the applicants for the prescribed period under subsection (1)(d).

24.

Exception if child older than 7 years.

24.— (1) Notwithstanding section 23(1)(b), if satisfied that in the particular circumstances of the case it is desirable to do so, the Authority may make an adoption order in relation to a child who was more than 7 years of age at the date of the application for the order.

(2) Before making an adoption order under subsection (1), the Authority shall give due consideration to the wishes of the child, having regard to his or her age and understanding.

25.

Correction of adoption order.

25.— 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.

Chapter 2

Consents to Adoption Orders

26.

Consents to adoption orders.

26.— (1) The Authority shall not make an adoption order without the consent of every person, being the child’s mother or guardian or other person having charge of or control over the child, unless the Authority dispenses with the consent—

(a) with the sanction of the High Court if the person whose consent is necessary is a ward of court,

(b) in accordance with an authorisation of the High Court by order under this section, if—

(i) the person whose consent is necessary is not a ward of court, and

(ii) the High Court is satisfied that the person is incapable by reason of mental infirmity of giving consent or cannot be found,

(c) in accordance with an authorisation of the High Court by order under section 31 in a case to which that section applies, or

(d) in accordance with an authorisation of the High Court by order under section 54 in a case to which that section applies.

(2) A person may give consent to the making of an adoption order without knowing the identity of the applicant for the order.

(3) A consent shall be given in writing in the prescribed form.

(4) A consent may be withdrawn at any time before the making of an adoption order.

Annotations:

Editorial Notes:

E12

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.

27.

Information for persons about consenting to adoption orders.

27.— (1) A person whose consent to the making of an adoption order is necessary—

(a) shall be informed before he or she gives the consent or as soon as may be after giving it—

(i) that the consent may be withdrawn at any time before the making of the order,

(ii) that he or she is entitled to be heard on the application for the order, and

(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,

and

(b) shall be asked, on or after giving the consent, to state in writing whether he or she wishes—

(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

(ii) otherwise to be consulted again in relation to the application for the order.

(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—

(a) informed as set out in subsection (1)(b)(i), or

(b) otherwise to be consulted again as set out in subsection (1)(b)(ii),

it is not necessary so to inform or consult him or her.

(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.

28.

Validity of consent.

28.— (1) A consent to the making of an adoption order is not valid unless given—

(a) after the child concerned has attained the age of 6 weeks, and

(b) not earlier than 3 months before the application for adoption.

(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—

(a) has given the consent, and

(b) understands the nature and effect of the consent and of the adoption order.

29.

Enquiries on behalf of Authority.

29.— (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—

(a) make enquiries on its behalf, and

(b) report to it the results of the enquiries.

(2) The Authority is entitled, if it accepts the report as satisfactory, to regard that acceptance—

(a) as sufficiently demonstrating the Authority’s compliance with section 27 as to the subject matter of the enquiries, and

(b) as compliance by the Authority with section 28 (2).

30.

Consultation with father.

30.— (1) In this section, “father”, in relation to a child, includes a person who believes himself to be the father of the child.

(2) This section applies in respect of the adoption of a child by a person who is not the father of the child.

(3) 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 the father of the child is consulted in relation to the adoption.

(4) Where the Authority is satisfied that, having regard to—

(a) the nature of the relationship between the father and mother, or

(b) the circumstances of the conception of the child,

it would be inappropriate for the Authority to consult the father in respect of the adoption of the child, the Authority, after first obtaining the approval of the High Court, may make the adoption order without consulting the father.

(5) If the identity of the father of a child is unknown to the Authority and the mother refuses or is unable to reveal the father’s identity, the Authority shall counsel the mother, indicating to her—

(a) that the adoption may be delayed,

(b) the possibility of the father contesting the adoption at some later date,

(c) that the absence of information about the medical, genetic and social background of the father may be detrimental to the health, development or welfare of the child, and

(d) such other matters as the Authority considers appropriate in the circumstances.

(6) After counselling the mother under subsection (5), the Authority, after first obtaining the approval of the High Court, may make the adoption order without consulting the father if—

(a) the mother either continues to refuse to reveal the father’s identity or provides the Authority with a statutory declaration that she is unable to identify the father, and

(b) the Authority has no other practical means of ascertaining the father’s identity.

(7) The F21[Child and Family Agency] or an accredited body, at the Authority’s request, shall assist in carrying out the Authority’s functions under this section.

F22[(8) An application for approval under this section shall be heard in private.]

Annotations:

Amendments:

F21

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.

F22

Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 11, S.I. No. 5 of 2014.

F23

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 112(a)-(c) and (e), not commenced as of date of revision.

F24

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 112(d), not commenced as of date of revision.

Modifications (not altering text):

C15

Prospective affecting provision: subs. (1) substituted, subss. (2) and (3) amended, subs. (3A) inserted, subs. (4) amended and subs. (4)(b) substituted by Children and Family Relationships Act 2015 (9/2015), s. 112, not commenced as of date of revision.

30.—F23[(1) In this section—

‘father’, in relation to a child, includes a person who believes himself to be the father of the child;

‘second female parent’, in relation to a child, includes a woman who believes herself to be the second female parent of the child.]

(2) This section applies in respect of the adoption of a child by a person who is not F23[the father or second female parent] of the child.

(3) 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 F23[the father or second female parent, as the case may be,] of the child is consulted in relation to the adoption.

F24[(3A) Where the Authority is satisfied under subsection (2) of section 18A of the matters referred to in paragraphs (a) and (b) of that subsection, it may make the adoption order.]

(4) Where the Authority is satisfied that, having regard to—

(a) the nature of the relationship between F23[the father or second female parent, as the case may be,] and mother, or

F23[(b) the circumstances of conception of the child, other than where the child is a donor-conceived child,]

it would be inappropriate for the Authority to consult F23[the father or second female parent, as the case may be,] in respect of the adoption of the child, the Authority, after first obtaining the approval of the High Court, may make the adoption order without consulting F23[the father or second female parent, as the case may be,].

C16