Adoption Act 2010

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Number 21 of 2010


ADOPTION ACT 2010


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General Matters

Section

1. Short title.

2. Commencement.

3. Interpretation.

4. References to making arrangements for adoption.

5. Supplemental provisions to section 4 in relation to certain intercountry adoptions.

6. Establishment day.

7. Repeals and revocations.

8. Expenses.

PART 2

Legal Effect of Hague Convention

9. Hague Convention to have force of law.

10. Explanatory report.

PART 3

Placement for Adoption

Chapter 1

Interpretation

11. Interpretation (Part 3).

Chapter 2

Placement of Children for Adoption

12. Visits and enquiries pertaining to adoptions.

13. Restriction on placing child for adoption.

14. Explanation to mother or guardian as to effect of adoption.

15. Care of child pending placement.

16. Right of father who wishes to be consulted.

17. Pre-placement consultation procedure.

18. Where father not consulted.

PART 4

Domestic Adoptions and Intercountry Adoptions

Chapter 1

Adoption Orders and Consents to Adoption Orders

19. Welfare of child.

20. Authority’s power to make adoption order or recognise intercountry adoption effected outside State.

21. Discontinuance of proceedings for adoption order or for recognition of intercountry adoption effected outside State.

22. Contribution by Health Service Executive towards adoption expenses.

23. Children who may be adopted.

24. Exception if child older than 7 years.

25. Correction of adoption order.

Chapter 2

Consents to Adoption Orders

26. Consents to adoption orders.

27. Information for persons about consenting to adoption orders.

28. Validity of consent.

29. Enquiries on behalf of Authority.

30. Consultation with father.

31. High Court may give custody of child to prospective adopters and authorise dispensing with consent to adoption.

32. Religion.

Chapter 3

Eligibility and Suitability to Adopt

33. Persons eligible for adoption order or recognition of intercountry adoption effected outside State.

34. Persons suitable for adoption order or recognition of intercountry adoption effected outside State.

Chapter 4

Adoption Committees

35. Applicants defined.

36. Adoption committees of Health Service Executive.

Chapter 5

Application by Prospective Adopters for Declaration of Eligibility and Suitability

37. Application to Health Service Executive for Authority to issue declaration of eligibility and suitability.

38. Discontinuance by applicants of proceedings for issuance of declaration of eligibility and suitability.

39. Recommendation of adoption committee regarding issuance of declaration of eligibility and suitability.

Chapter 6

Authority’s Power to Issue Declarations of Eligibility and Suitability to Prospective Adopters

40. Authority may issue declaration of eligibility and suitability.

41. Expiration of declaration of eligibility and suitability.

42. Proof of declaration of eligibility and suitability.

PART 5

Adoption Proceedings Before the Authority

43. Hearing of applications.

44. Interim orders as to custody in adoption proceedings.

45. Re-adoption.

46. Power to summon witnesses, etc.

47. Service of documents.

48. Evidence.

49. Case stated for High Court.

PART 6

Related Court Proceedings

50. Relevant adoption not to be declared invalid if declaration not in child’s best interests.

51. Orders by court as to custody of children in certain cases.

PART 7

Adoption Orders in Exceptional Cases and Role of High Court

52. Interpretation (Part 7).

53. Adoption orders in relation to children where High Court order under section 54 applies.

54. Orders by High Court authorising Authority to make adoption orders for children whose parents fail in their duty towards them.

55. Evidence to High Court.

56. Court costs.

PART 8

Effects of Adoption orders and of State Recognition of Intercountry Adoptions

57. Recognition and effects of intercountry adoption effected outside State.

58. Parental rights and duties.

59. Subsequent marriage of birth parents.

60. Property rights.

61. Stamp duty on land.

62. Orders to make payment for benefit of child.

63. Transitional — foreign adoptions in process immediately before establishment day.

PART 9

Intercountry Adoptions

Chapter 1

Provisions Relating Generally to Intercountry Adoptions

64. Competent authority.

65. Competent authority for certifying that adoptions accord with Hague Convention.

66. Role of Authority as Central Authority.

67. Procedural arrangements for cases where State is receiving state.

68. State as receiving state: adoption orders for children placed for adoption in State.

69. Conversion of certain adoptions effected in contracting states and recognised in State.

70. Transfer of child from State for purpose of adoption in receiving state.

71. Discussions relating to agreements under Article 39.

72. Administrative arrangements with contracting states.

Chapter 2

Bilateral Agreements and other Arrangements Concerning Intercountry Adoptions

73. Discussions and agreements with non-contracting states.

74. Administrative arrangements with states that have bilateral agreements.

75. Role of Authority as Central Authority under bilateral agreement.

76. Competent authority for certifying that adoptions accord with bilateral agreement.

77. Procedural arrangements where State is receiving state under bilateral agreement.

78. State as receiving state under bilateral agreement: adoption orders for children placed for adoption in State.

79. Conversion of certain adoptions effected under bilateral agreement in another state and recognised in the State.

80. Transfer of child from State for purpose of adoption in receiving state.

Chapter 3

Arrangement in Exceptional Case with a Non-Contracting State

81. Exceptional case involving specific child.

Chapter 4

Duty to Inform State about Adopted Child First Entering State

82. Duty to inform Health Service Executive and Authority of child’s entry.

PART 10

Adopted Children Register and Register of Intercountry Adoptions

Chapter 1

Adopted Children Register

83. Authority to send particulars to Ard-Chláraitheoir for entries in Adopted Children Register.

84. Adopted Children Register.

85. Index to Adopted Children Register.

86. Separate index of connections between Adopted Children Register and register of births.

87. Certified copy of entry in Adopted Children Register as evidence of facts stated.

88. Privacy of adoption records.

89. Abridged certificate of entry in Adopted Children Register.

Chapter 2

Register of Intercountry Adoptions

90. Register of intercountry adoptions.

91. Certified copy of entry in register of intercountry adoptions as evidence of facts stated.

Chapter 3

Directions of High Court in Relation to Register of Intercountry Adoptions

92. Directions of High Court in relation to entries in register of intercountry adoptions.

PART 11

Proof and Registration of Intercountry Adoptions effected outside the State

93. Proof of intercountry adoptions effected outside State.

PART 12

Adoption Authority

Chapter 1

Authority Established

94. Establishment of Adoption Authority.

95. Seal of Authority.

96. Functions of Authority.

97. Rules.

98. Membership of Authority.

99. Membership of either House of Oireachtas, European Parliament or local authority.

100. Meetings of Authority.

101. Committees of Authority.

102. Remuneration and expenses of members of Authority and committees.

Chapter 2

Chief Executive Officer

103. Chief executive officer.

104. Functions of chief executive officer.

105. Accountability of chief executive officer to Public Accounts Committee.

106. Accountability of chief executive officer to other Oireachtas Committees.

Chapter 3

Accountability, Plans, Reports and Funding

107. Directions to Authority.

108. Corporate plan of Authority.

109. Grants to Authority.

110. Submission of business plan.

111. Code of governance.

112. Accounts of Authority.

Chapter 4

Standards, Codes of Conduct, Disqualification, etc.

113. Standards of integrity.

114. Codes of conduct.

115. Availability of codes of conduct.

116. Gifts.

117. Annual report.

118. Information to be furnished to Minister and Authority’s discretion to publish other reports.

119. Prohibition against unauthorised disclosure of confidential information.

120. Disqualification resulting from membership of either House of the Oireachtas, European Parliament or local authority.

121. Secondment of employees resulting from membership of either House of Oireachtas, European Parliament or local authority.

Chapter 5

Employees of Authority, etc.

122. Employees of Authority.

123. Superannuation.

124. Advisers.

PART 13

Registration of Accredited Bodies

Chapter 1

Arrangements for Adoption

125. Restrictions on making arrangements for adoption.

Chapter 2

Register of Accredited Bodies

126. Register of accredited bodies.

127. Registration of accredited bodies.

128. Renewal of registration.

129. Cancellation of registration for failure to apply for renewal.

130. Cancellation of registration for other reasons.

131. Amendment of registration.

132. Duty to notify of registration decisions.

133. Accredited bodies to furnish information to Authority and permit inspection of their records.

134. Notices in Iris Oifigiúil of registration and cancellation.

Chapter 3

Appeals Respecting Registration of Accredited Bodies

135. Appeals from decisions relating to registration.

PART 14

Dissolution of An Bord Uchtála

136. Dissolution of An Bord Uchtála.

137. Transfer of persons to be employees of Authority.

138. Transfer of property and liabilities to Authority.

139. Preservation of contracts, etc., and adaptation of references.

140. Records of An Bord Uchtála.

141. Pending legal proceedings.

142. Pending adoption proceedings.

143. References to Adoption Board in enactments made before establishment day.

PART 15

Offences

Chapter 1

Contraventions and Non-Compliance Other than as Provided in Other Parts

144. Prohibition against certain advertisements.

145. Prohibition against receiving, making or giving certain payments and rewards or agreeing to do so.

146. Prohibition against false or misleading statements or information.

Chapter 2

Offences and Penalties

147. Offences.

148. Penalties.

149. Proceedings for offences.

PART 16

Regulations

150. Regulations.

151. Regulations relating to accredited bodies.

152. Regulations relating to register of intercountry adoptions.

153. Regulations relating to Hague Convention.

154. Regulations relating to transfer of child from State for adoption in receiving state.

155. Laying of regulations before Houses of Oireachtas.

PART 17

Consequential Amendments to Other Acts

156. References to adoptions, etc.

157. Amendment of Adoptive Leave Act 1995.

158. Amendment of Child Care Act 1991.

159. Amendment of Civil Registration Act 2004.

160. Amendment of section 99(1) of Defence Act 1954.

161. Amendment of section 46(1) of Freedom of Information Act 1997.

162. Amendment of section 2(1) of Guardianship of Infants Act 1964.

163. Amendment of Married Women’s Status Act 1957.

164. Amendment of section 20(9) of Ministerial and Parliamentary Offices Act 1938.

165. Amendment of paragraph 1(2) of First Schedule to Official Languages Act 2003.

166. Amendment of section 6A(6)(b) of Oireachtas (Allowances to Members) Act 1938.

167. Amendment of Part II of First Schedule to Ombudsman Act 1980.

168. Amendment of Part 2 of Schedule 1 to Ombudsman for Children Act 2002.

169. Amendment of section 2(1) of Parental Leave Act 1998.

170. Amendment of section 6(2)(b) of Prosecution of Offences Act 1974.

171. Amendment of Social Welfare Consolidation Act 2005.

172. Amendment of Status of Children Act 1987.

173. Amendment of section 4A of Succession Act 1965.

174. Amendment of Taxes Consolidation Act 1997.

175. Amendment of various other statutes.

176. Savers.

SCHEDULE 1

Repeals and Revocations

PART 1

Acts Repealed

PART 2

Statutory Instruments Revoked

SCHEDULE 2

Text of Hague Convention

Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption

SCHEDULE 3

Particulars of Adoptions to be entered in adopted children register

SCHEDULE 4

Amendment of Second Schedule to Civil Registration Act 2004


Acts Referred to

Adoption Act 1952

1952, No. 25

Adoption Act 1964

1964, No. 2

Adoption Act 1974

1974, No. 24

Adoption Act 1976

1976, No. 29

Adoption Act 1988

1988, No. 30

Adoption Act 1991

1991, No. 14

Adoption Act 1998

1998, No. 10

Adoption Acts 1952 and 1964

Adoption Acts 1952 to 1976

Adoption Acts 1952 to 1998

Adoptive Leave Act 1995

1995, No. 2

Adoptive Leave Acts 1995 and 2005

Army Pensions Act 1959

1959, No. 15

Carer’s Leave Act 2001

2001, No. 19

Child Care Act 1991

1991, No. 17

Children Act 1997

1997, No. 40

Civil Liability Act 1961

1961, No. 41

Civil Registration Act 2004

2004, No. 3

Companies Act 1990

1990, No. 33

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Courts of Justice and Court Officers (Superannuation) Act 1961

1961, No. 16

Defence Act 1954

1954, No. 18

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Freedom of Information (Amendment) Act 2003

2003, No. 9

Guardianship of Infants Act 1964

1964, No. 7

Health (Miscellaneous Provisions) Act 2007

2007, No. 42

Irish Nationality and Citizenship Act 1956

1956, No. 26

Judicial Separation and Family Law Reform Act 1989

1989, No. 6

Legitimacy Act 1931

1931, No. 13

Local Government Act 2001

2001, No. 37

Married Women’s Status Act 1957

1957, No. 5

Maternity Protection Acts 1994 and 2004

Medical Practitioners Act 2007

2007, No. 25

Minimum Notice and Terms of Employment Acts 1973 to 2005

Ministerial and Parliamentary Offices Act 1938

1938, No. 38

Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001

2001, No. 33

Official Languages Act 2003

2003, No. 32

Oireachtas (Allowances to Members) Act 1938

1938, No. 34

Oireachtas (Allowances to Members) (Amendment) Act 1968

1968, No. 8

Ombudsman Act 1980

1980, No. 26

Ombudsman for Children Act 2002

2002, No. 22

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Act 1998

1998, No. 30

Parental Leave Acts 1998 and 2006

Petty Sessions (Ireland) Act 1851

14 & 15 Vic. c.93

Prosecution of Offences Act 1974

1974, No. 22

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Redundancy Payments Acts 1967 to 2007

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Social Welfare Consolidation Act 2005

2005, No. 26

Standards in Public Office Act 2001

2001, No. 31

Status of Children Act 1987

1987, No. 26

Succession Act 1965

1965, No. 27

Taxes Consolidation Act 1997

1997, No. 39

Terms of Employment (Information) Acts 1994 and 2001

Unfair Dismissals Acts 1977 to 2007

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Number 21 of 2010


ADOPTION ACT 2010


AN ACT TO PROVIDE FOR THE DISSOLUTION OF AN BORD UCHT?LA AND THE ESTABLISHMENT OF A BODY TO BE KNOWN AS ÚDAR?S UCHT?LA NA hÉIREANN AND IN THE ENGLISH LANGUAGE AS THE ADOPTION AUTHORITY OF IRELAND; TO PROVIDE FOR MATTERS RELATING TO THE ADOPTION OF CHILDREN; TO GIVE THE FORCE OF LAW TO THE CONVENTION ON THE PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION SIGNED AT THE HAGUE ON 29 MAY 1993; TO PROVIDE FOR THE MAKING AND RECOGNITION OF INTERCOUNTRY ADOPTIONS IN ACCORDANCE WITH BILATERAL AGREEMENTS AND WITH OTHER ARRANGEMENTS; TO PROVIDE FOR THE RECOGNITION OF CERTAIN ADOPTIONS EFFECTED OUTSIDE THE STATE; TO REPEAL THE ADOPTION ACTS 1952 TO 1998; TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND TO PROVIDE FOR RELATED MATTERS.

[14th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: