Adoption Act, 1976

Validity of certain adoption orders and consents to adoption orders.

2.—(1) Where, in relation to an adoption order made before the passing of this Act, the consent to the making of the order of every person whose consent was necessary and was not dispensed with was given in a form for that purpose contained at any time in rules under section 5 of the Principal Act—

(a) the Board shall be deemed to have complied with section 15 (2) of the Principal Act,

(b) a consent so given shall not be invalid, insufficient or otherwise defective by reason only of either or both of the following circumstances—

(i) that the person who gave the consent was not aware that the consent could have been withdrawn at any time before the making of the order,

(ii) that such person was not aware of the date on which the Board proposed to make the order, and

(c) the order shall not be invalid by reason only of either or both of the following circumstances—

(i) that a person who gave a consent to the order was not aware of his rights under section 16 of the Principal Act,

(ii) that the Board had not information as to whether the person was aware of those rights.

(2) Where, in relation to an adoption order made after the passing of this Act, a consent to the making of the order was given before such passing in a form for that purpose contained at any time in rules under section 5 of the Principal Act—

(a) the Board shall be deemed to have complied with section 15 (2) of the Principal Act in relation to the consent,

(b) the provisions of subsection (1) (b) of this section shall apply in relation to the consent, and

(c) the order shall not be invalid by reason only of either or both of the following circumstances—

(i) that the person who gave the consent was not aware of his rights under section 16 of the Principal Act,

(ii) that the Board had not information as to whether the person was aware of those rights:

Provided however that nothing in this subsection shall be construed as limiting the right of the Board to make or cause to be made any enquiries it considers necessary.