Adoption Act, 1988

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Orders by High Court authorising adoption of children whose parents have failed in their duty towards them.

3.—(1) Where persons in whose favour the Board has made a declaration under section 2 (1) (referred to subsequently in this subsection as “the applicants”) request the health board in whose functional area they ordinarily reside to apply to the Court for an order under this section—

(a) if the health board considers it proper to do so and an application therefor in accordance with paragraph (b) of this subsection has not been made by the applicants, the health board may apply to the Court for the order, and

(b) if, within the period of 3 months from the day on which the request was given to the health board, the health board either—

(i) by notice in writing given to the applicants, declines to accede to the request, or

(ii) does not give the applicants a notice under subparagraph (i) of this paragraph in relation to the request but does not make an application for the order under paragraph (a),

the applicants may apply to the Court for the order,

and, if an application under paragraph (a) or (b) of this subsection is made and it is shown to the satisfaction of the Court—

(I) that—

(A) for a continuous period of not less than 12 months immediately preceding the time of the making of the application, the parents of the child to whom the declaration under section 2 (1) relates, for physical or moral reasons, have failed in their duty towards the child,

(B) it is likely that such failure will continue without interruption until the child attains the age of 18 years,

(C) such failure constitutes an abandonment on the part of the parents of all parental rights, whether under the Constitution or otherwise, with respect to the child, and

(D) by reason of such failure, the State, as guardian of the common good, should supply the place of the parents,

(II) that the child—

(A) at the time of the making of the application, is in the custody of and has a home with the applicants, and

(B) for a continuous period of not less than 12 months immediately preceding that time, has been in the custody of and has had a home with the applicants,

and

(III) that the adoption of the child by the applicants is an appropriate means by which to supply the place of the parents,

the Court may, if it so thinks fit and is satisfied, having had due regard for the rights, whether under the Constitution or otherwise, of the persons concerned (including the natural and imprescriptible rights of the child), that it would be in the best interests of the child to do so, make an order authorising the Board to make an adoption order in relation to the child in favour of the applicants.

(2) Before making an order under subsection (1), the Court shall, in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child concerned.

(3) The Court may, of its own motion or on application to it in that behalf, make an order adding such other persons as it thinks fit as parties to proceedings under subsection (1), and may, in the case of a person added as a party to any such proceedings under this section, make such order as it considers just in respect of—

(a) the payment of any costs in relation to the proceedings that are incurred by the person and are not paid by another party to the proceedings if legal aid in respect of them under any scheme operated by or on behalf of the State for the provision of legal aid has been refused, or

(b) the payment by the person of any costs in relation to the proceedings that are incurred by any other party to the proceedings.

(4) The health board concerned shall be joined as a party to proceedings under subsection (1) (b).

(5) Proceedings under this section shall be heard otherwise than in public.

(6) The functions conferred on a health board by section 2 (1) and subsection (1) of this section shall be functions of the chief executive officer and any deputy chief executive officer of the board.

(7) A request to a health board under subsection (1) may be given to the board by handing it, or sending it by prepaid post, to an officer of the board at premises of the board and the request shall be deemed, for the purposes of paragraph (b) of that subsection, to be given to the board on the day on which it is so handed or posted.