Adoption (Amendment) Act 2017

Amendment of section 33 of Principal Act

16. Section 33 of the Principal Act is amended—

(a) in subsection (1)(a)—

(i) by the insertion of the following subparagraphs after subparagraph (i):

“(ia) the applicants are civil partners of each other who are living together,

(ib) the applicants are a cohabiting couple,”,

(ii) by the substitution of the following subparagraph for subparagraph (ii):

“(ii) the applicant is a parent, step parent or relative of the child, or”,

and

(b) by the insertion of the following subsections after subsection (3):

“(3A) Where an applicant—

(a) for an adoption order, or

(b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3),

is a civil partner of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that applicant’s civil partner, given in the manner determined by the Authority unless—

(i) the applicant and the applicant’s civil partner are living apart under a separation agreement,

(ii) the civil partner has deserted the applicant, or

(iii) conduct on the part of the civil partner results in the applicant, with just cause, leaving the civil partner and living separately and apart from him or her.

(3B) Where an applicant—

(a) for an adoption order, or

(b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3),

is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority.”,

(c) in subsection (4) —

(i) in paragraph (a), by the substitution of “a married couple, a couple who are civil partners of each other or a cohabiting couple” for “a married couple”,

(ii) in paragraph (b):

(I) by the substitution of “a married couple, a couple who are civil partners of each other or a cohabiting couple” for “a married couple”, and

(II) by the substitution of “a parent” for “the mother or father”,

(d) in subsection (5), by the substitution of “a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple” for “a married couple living together”, and

(e) in subsection (6), by the substitution of “a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple” for “a married couple living together”.