Civil Registration Act 2004
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Directions of High Court in relation to entries in register in respect of foreign adoptions. |
34.—(1) If, on application to the Court in that behalf by a person who may make an application to the Board under section 33 , the Court is satisfied that an entry should be made in the register with respect to a foreign adoption or that such an entry should be cancelled or that a correction should be made in such an entry, the Court may, by order, as appropriate, direct the Board— | |
(a) to procure the making of a specified entry in the register, | ||
(b) subject to subsection (2), to procure the cancellation of the entry concerned in the register, or | ||
(c) to procure the making of a specified correction in the register, | ||
and the Board shall comply with the direction. | ||
(2) The Court shall not give a direction under subsection (1)(b) by reason of the fact that an adoption has been set aside, revoked, terminated, annulled or otherwise rendered void under and in accordance with the law of the place where it was effected unless the Court is satisfied that it would be in the best interests of the person who was the subject of the adoption to do so. | ||
(3) Where the Court gives a direction under subsection (1)(b), it may make such orders in respect of the person who was the subject of the adoption as appear to the Court to be necessary in the circumstances and in the best interests of the person, including orders relating to the guardianship, custody, maintenance and citizenship of the person, and any such order shall, notwithstanding anything in any other Act, apply and be carried out to the extent necessary to give effect to the order. | ||
(4) If the Court refuses to give a direction under paragraph (a) of subsection (1) or gives a direction under paragraph (b) of that subsection, the adoption concerned shall be deemed not to have been effected by a valid adoption order. | ||
(5) (a) The Court may direct that notice of an application under subsection (1) shall be given by the person making the application to such other persons (including the Attorney General, the Board and an tArd-Chláraitheoir) as it may determine and may, of its own motion or on application to it in that behalf by the person concerned or a party to the proceedings in relation to the application under subsection (1), add any person as a party to those proceedings. | ||
(b) The Attorney General, of his or her own motion or if so required by the Court, may, without being added as a party to proceedings in relation to an application under subsection (1), make submissions to the Court in relation to the application. | ||
(6) Proceedings under this section shall, if the Court so determines, be heard otherwise than in public. |