Civil Registration Act 2004

Registration of foreign adoptions.

33.—(1) (a) If, on application to the Board in that behalf in relation to an adoption effected outside the State, being an application made by the person who was the subject of the adoption or a person by whom the person was adopted pursuant to the adoption or any other person having an interest in the matter, the Board is satisfied that—

(i) the adoption is a foreign adoption to which section 2, 3 or 4 of the Act of 1991 applies, or

(ii) the adoption is a foreign adoption to which section 4A or 5 of that Act applies,

then, unless (in a case to which subparagraph (II) of subsection (1)(iii) of the said section 5 applies) the Board is satisfied that the relevant circumstances have so changed since the date of the declaration under that subparagraph that it would not be proper to do so, having regard to section 13 of the Act of 1952 and section 10 of the Act of 1991, an officer of the Board authorised in that behalf by the Board shall enter the required particulars relating to the adoption in the register and shall register the adoption in such manner as an tArd-Chláraitheoir may direct.

(b) If the Court so directs under section 34 , an entry shall be made in the register concerning a specified foreign adoption.

(2) A person making an application under this section shall furnish the Board with such information as it may reasonably require and the information shall be in such form (if any) as may be specified by the Board.

(3) An error in an entry in the register may be corrected by an officer of the Board authorised in that behalf by the Board and, if the Court so directs, a specified correction shall be made in the register.

(4) A document purporting to be a copy, and to be certified by an tArd-Chláraitheoir or the Board or an officer of the Board authorised in that behalf by the Board to be a true copy, of an entry in the register made pursuant to this section shall be evidence of the fact that the adoption to which it relates is a foreign adoption and is deemed by the Act of 1991 to have been effected by a valid adoption order made on the date specified in the document.

(5) A document purporting to be a copy and to be certified by an tArd-Chláraitheoir or the Board or an officer of the Board authorised in that behalf by the Board to be a true copy of an entry in the register made pursuant to this section shall, on application by a person to an tArd-Chláraitheoir or the Board in that behalf and on payment to an tArd-Chláraitheoir or the Board of the prescribed fee, be furnished to the person by an tArd-Chláraitheoir or by an officer of the Board authorised in that behalf by the Board.

(6) Section 20 of the Act of 1952 shall apply to an application under subsection (1) as it applies to an application for an adoption order with the modification that the Board shall refer any question in relation to public policy arising on such an application to the High Court for determination and with any other necessary modifications.