Adoption Act 2010

Court costs.

56.— (1) The Health Service Executive shall pay to the parents of the child concerned, in respect of any costs—

(a) that are incurred by them in relation to an application under section 54 (1) or an appeal to the Supreme Court against the making of, or the refusal to make, an order under section 54 (2),

(b) that are not paid by another party to the proceedings, and

(c) in relation to which, legal aid under any scheme for the provision of legal aid operated by or on behalf of the State has been refused,

either, as may be specified by the Court—

(i) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or

(ii) such amount as, in the opinion of the Health Service Executive and those parents, would be equal to the amount, as may be specified, of those costs or of a part so specified of them, if they were taxed by a Taxing Master of the High Court.

(2) Where—

(a) any costs of another party to the proceedings in relation to the application under section 54 (1) or the appeal are ordered by the High Court or the Supreme Court to be paid by the parents of the child concerned, and

(b) legal aid in respect of those costs under any scheme for the provision of legal aid operated by or on behalf of the State has been refused,

the Health Service Executive shall pay to that other party, in respect of those costs either, as may be specified by the High Court or the Supreme Court—

(i) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or

(ii) such amount as, in the opinion of the Health Service Executive and that other party, would be equal to the amount, as may be so specified, of those costs or of a part so specified of them, if they were taxed by a Taxing Master of the High Court.

(3) Where, on an application under section 54 (1) (b)

(a) the High Court makes an order under section 54 (2) and either—

(i) an appeal is not brought against the order or the order is affirmed by the Supreme Court on appeal, or

(ii) the High Court refuses to make an order under section 54 (2) but, following an appeal to the Supreme Court against the refusal, the order is made, and

(b) legal aid for the persons bringing the application under any scheme operated by or on behalf of the State for the provision of legal aid has been refused,

the Health Service Executive shall pay to the persons bringing the application, for any costs incurred by them in relation to—

(i) the application, or

(ii) the application and the appeal,

that are not paid by another party to the proceedings either, as may be specified by the High Court or the Supreme Court—

(I) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or

(II) such amount as, in the opinion of the Health Service Executive and those persons, would be equal to the amount, as may be specified, of those costs or of a part so specified of them if they were taxed by a Taxing Master of the High Court.