S.I. No. 520/2010 - Adoption Act 2010 (Pre-Placement Consultation Procedure) Regulations 2010.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th November, 2010.

I, BARRY ANDREWS, Minister of State at the Department of Health and Children, in exercise of the powers conferred on me by section 150 of the Adoption Act 2010 (No. 21 of 2010) and the Health and Children (Delegation of Ministerial Functions) Order 2010 ( S.I. No. 508 of 2010 ), hereby make the following regulations:

1. These regulations may be cited as the Adoption Act 2010 (Pre-Placement Consultation Procedure) Regulations 2010.

2. These regulations come into operation on 3 November 2010.

3. Each of the forms set out in the Schedule shall be used in the case and manner indicated in the form.

SCHEDULE FORM F1

The Adoption Authority of Ireland

(If completed in manuscript, use BLOCK capitals)

Notice to a father under Section 17(3)(b)(i) of the Adoption Act 2010 of the deferral of an adoption placement by an accredited body

To:

.............................(name of father)

.............................

.............................(address)

NOTICE IS HEREBY GIVEN that........................................, an accredited body, is deferring placement of the child...................... born on........................................ for.................. days, commencing on the date of this notice, for the purpose of affording you an opportunity to make an application to court under section 6A1 or section 11(4)2 of the Guardianship of Infants Act 1964 (No. 7 of 1964).

1 Inserted by Section 12 of the Status of Children Act 1987 (No. 26 of 1987).

2 Substituted by Section 13 of that Act.

BE ADVISED that if the............................. (accredited body) does not receive notice from you or your legal advisers within................... days, commencing on the date of this notice, that you have instituted court proceedings in respect of the child named above, the placement may proceed in the circumstances mentioned in section 17(5) of the Adoption Act 2010 .

Signed: .............................

Title: .............................

Date: .............................

Telephone No. .............................

FORM F2

The Adoption Authority of Ireland

(If completed in manuscript, use BLOCK capitals)

Notice to a mother under Section 17(3)(b)(i) of the Adoption Act 2010 of the deferral of an adoption placement by an accredited body

To:

.............................(name of mother)

.............................

.............................(addresss)

NOTICE IS HEREBY GIVEN that................................, an accredited body, is deferring placement of your child,.............................. born on..............................., for......... days, commencing on the date of this notice, for the purpose of affording the child’s father an opportunity to make an application to court under section 6A1 or section 11(4)2 of the Guardianship of Infants Act 1964 (No. 7 of 1964).

1 Inserted by Section 12 of the Status of Children Act 1987 (No. 26 of 1987).

2 Substituted by Section 13 of that Act.

BE ADVISED that if the.......................... (accredited body) does not receive notice from the father or his legal advisers within.......... days, commencing on the date of this notice, that he has instituted court proceedings in respect of your child, the placement may proceed in the circumstances mentioned in section 17(5) of the Adoption Act 2010 .

Signed:.............................

Title:.............................

Date:.............................

Telephone No. .............................

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GIVEN under my hand,

3 November 2010.

BARRY ANDREWS,

Minister of State at the Department of Health and Children.

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation.}

These regulations set out the forms prescribed by section 17 of the Adoption Act 2010 (No. 21 of 2010) which are to be used in circumstances where an adoption placement is deferred for the purposes of allowing the father or guardian of a child make an application to court under section 6A or section 11(4) of the Guardianship of Infants Act 1964 (as inserted by the Status of Children Act 1987 ).

1 Inserted by Section 12 of the Status of Children Act 1987 (No. 26 of 1987).

2 Substituted by Section 13 of that Act.

1 Inserted by Section 12 of the Status of Children Act 1987 (No. 26 of 1987).

2 Substituted by Section 13 of that Act.