Adoption Act 2010

Case stated for High Court.

49.— (1) The Authority may refer any question of law arising on an application for an adoption order or the recognition of an intercountry adoption effected outside the State to the High Court for determination.

(2) Notwithstanding subsection (1), the Authority, unless it considers a question of law arising on an application for an adoption order or the recognition of an intercountry adoption effected outside the State to be frivolous, shall refer the question of law to the High Court for determination if requested to do so by—

(a) an applicant for the order or the recognition of the intercountry adoption effected outside the State,

(b) the mother or guardian of the child, or

(c) any person having charge of or control over the child.

(3) The Authority shall refer any question in relation to public policy arising with respect to entries in the register of intercountry adoptions to the High Court for determination.

(4) Subject to rules of court, a question referred under this section to the High Court may be heard in private.