Adoption Act 2010

Property rights.

60.— (1) In this section, “ property ” does not include property subject to an entailed interest under a disposition made before the date of the adoption order or the recognition of an intercountry adoption effected outside the State.

(2) Where, at any time after the making of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be, the adopters, the adopted person or any other person dies intestate in respect of any real or personal property, that property shall devolve in all respects as if the adopted person were—

(a) the child of the adopters born in lawful wedlock, and

(b) not the child of any other person.

(3) In any disposition of real or personal property made, whether by instrument inter vivos or by will (including codicil), after the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be—

(a) a reference (whether express or implied) to the child or children of the adopter or adopters shall be read, unless the contrary intention appears, as, or as including, a reference to the adopted person,

(b) a reference (whether express or implied) to the child or children of the adopted person’s birth parent or parents shall be read, unless the contrary intention appears, as not being, or as not including, a reference to the adopted person, and

(c) any reference (whether express or implied) to a person related to the adopted person in any degree shall be read, unless the contrary intention appears, as a reference to the person who would be related to the adopted person in that degree if the adopted person were—

(i) the child of the adopters, born in lawful wedlock, and

(ii) not the child of any other person.

(4) For the purposes of—

(a) the devolution of any property in accordance with this section, and

(b) the construction of any disposition to which subsection (2) applies,

an adopted person shall be deemed to be related to any other person being the child or adopted child of the adopters or of either of them—

(i) where the adopters are a married couple and the other person is the child or adopted child of both spouses, as brother or sister of the whole blood, and

(ii) in any other case, as brother or sister of the half-blood.

(5) Notwithstanding any rule of law, a disposition made by will or codicil executed before the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be, shall not be treated for the purposes of this section as made after that date by reason only that the will or codicil is confirmed by a codicil executed after that date.

(6) Where an adoption order is made in respect of a person who had been previously adopted, the previous adoption shall be disregarded for the purposes of this section in relation to—

(a) the devolution of any property on the death of a person dying intestate after the date of the subsequent adoption order, and

(b) any disposition of property after that date.

(7) In this section references to adopters being a married couple shall be read as including references to adopters who were married to each other at the time the adoption order concerned was made or the intercountry adoption effected outside the State concerned was recognised, as the case may be, but who are no longer married to each other at the time of the disposition of property concerned.