Adoption (Amendment) Act 2017

Amendment of section 60 of Principal Act

28. Section 60 of the Principal Act is amended—

(a) in subsection (2) —

(i) by the substitution of “adopter or adopters” for “adopters” in each place that it occurs,

(ii) by the substitution of the following paragraph for paragraph (a):

“(a) the child of the adopter or adopters”,

and

(iii) by the substitution of the following paragraph for paragraph (b):

“(b) subject to section 58A, not the child of any other person.”,

(b) in subsection (3)—

(i) by the substitution, in paragraph (b) of “parent or parents” for “birth parent or parents”,

(ii) by the substitution of the following paragraph for paragraph (c):

“(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 adopter or adopters, and

(ii) subject to section 58A, not the child of any other person.”,

(c) in subsection (4), by the substitution of the following subparagraph for subparagraph (i):

“(i) where the adopters are a couple, within the meaning of subsection (7) and the other person is the child or adopted child of that couple, both persons, as brother or sister of the whole blood, and”,

(d) by the substitution of the following subsection for subsection (7):

“(7) In this section references to adopters who are a couple means adopters who are—

(a) married to each other,

(b) civil partners of each other, or

(c) a cohabiting couple,

as the case may be, and any such references shall be construed as including references to adopters who were married to each other, civil partners of each other or living together as a cohabiting couple, as the case may be, 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, civil partners of each other or living together as a cohabiting coup le, as the case may be, at the time of the disposition of the property concerned.”.