(LRC Revised)

Number 21 of 2010

ADOPTION ACT 2010

REVISED

Updated to 3 July 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Adoption Act 2010

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Courts and Civil Law

(Miscellaneous Provisions) Act 2023

(18/2023), enacted 5 July 2023, and all

statutory instruments up to and including the

Work Life Balance and Miscellaneous

Provisions Act 2023 (Commencement) Order 2023

(S.I. No. 341 of 2023), made 29

June 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

21

of

2010

ADOPTION ACT 2010

REVISED

Updated to 3 July 2023

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.

18A. No pre-placement consultation required.

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 Child and Family Agency towards adoption expenses.

23. Children who may be adopted.

24. Exception if child older than 7 years.

(Repealed)

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 Child and Family Agency.

Chapter 5

Application by Prospective Adopters for Declaration of Eligibility and Suitability

37. Application to Child and Family Agency 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.

58A. Effect of adoption where adopter is step parent of child.

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.

63A. Continuation in force of certain declarations of eligibility and suitability

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 Child and Family Agency 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.

91A. Register of gender recognition of intercountry adoptions.

91B. Certified copy of entry in register of gender recognition of intercountry adoptions

as evidence of facts stated.

91C. Entry in register of gender recognition of intercountry adoptions.

91D. Cancellation or amendment of entry in register of gender recognition of intercountry

adoptions.

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.

152A. Regulations relating to register of gender recognition 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

Number

21

of

2010

ADOPTION ACT 2010

REVISED

Updated to 3 July 2023

AN ACT TO PROVIDE FOR THE DISSOLUTION OF AN BORD UCHTÁLA AND THE ESTABLISHMENT OF A BODY TO BE KNOWN AS ÚDARÁS UCHTÁLA 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.

[14

th July

, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions of Health Service Executive in relation to Act transferred to

Child and Family Agency (1.01.2014, establishment day) by

Child and Family

Agency Act 2013

(40/2013), s. 82 and sch. 1, S.I. Nos. 502, 503 of 2013.

82.

(1) The administration and business in connection with the performance of any of the

functions transferred by subsection (2) are transferred, on the establishment day,

to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments

specified in Schedule 1 shall, on the establishment day, stand transferred to the

Agency.

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

....

Adoption Act 2010

....

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3(a), 5 and sch. 1 part 2, in effect as per art.

1(2).

2. (1) The administration

and business in connection with the performance of any functions transferred by

this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the

Department of Finance contained in any Act or instrument made thereunder and

relating to the administration and business transferred by paragraph (1) shall, on

and after the commencement of this Order, be construed as references to the

Department of Public Expenditure and Reform.

3. The functions conferred

on the Minister for Finance by or under the provisions of –

(

a

) the enactments specified in Schedule 1, and

...

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under

an Act and relating to any functions transferred by this Order shall, from the commencement

of this Order, be construed as references to the Minister for Public Expenditure and

Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 21 of 2010

Adoption Act 2010

Sections 36(5), 46(4), 89(3), 94(2), 102, 109, 112(3) and 124(1)

...

...

...

C3

Functions transferred and references to “Department of Health and Children” and “Minister for Health and Children” construed (3.06.2011) by

Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration

and Ministerial Functions) Order 2011

(S.I. No. 218 of 2011), arts. 2, 3(1), (3) and sch., in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 3 are transferred to the Department

of Children and Youth Affairs.

(2) References to the

Department of Health and Children contained in any Act or any instrument made

thereunder and relating to any administration and business transferred by

paragraph (1) shall, from the commencement of this Order, be construed as

references to the Department of Children and Youth Affairs.

3. (1) The functions vested

in the Minister for Health and Children by or under the Acts specified in the

Schedule are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Health and Children contained in any Act or instrument made

thereunder and relating to any functions transferred by this Article shall, from

the commencement of this Order, be construed as references to the Minister for

Children and Youth Affairs.

...

SCHEDULE

Adoption Act 2010

(No. 21 of 2010)

...

Editorial Notes

E1

Certain court fees excluded for proceedings under collectively cited

Adoption Acts 2010 to 2013

(30.10.2014) by

Supreme Court, Court of Appeal and High Court (Fees) Order 2014

(S.I. No. 492 of 2014), art. 6(1)(c), in effect as per art. 1(2).

E2

Adoption Authority of Ireland excluded from definition of public bodies in

Freedom of Information Act 2014

(30/2014) in so far as it relates to certain records (14.10.2014) by

Freedom of Information Act 2014

(30/2014), s. 6 and sch. 1 part 1(a), commenced as per s. 1(2).

E3

Chief Executive Officer of Adoption Authority of Ireland prescribed as recipient

of certain disclosures (23.07.2014) by

Protected Disclosures Act 2014 (Section 7(2)) Order 2014

(S.I. No. 339 of 2014), art. 2 and sch. ref. no. 1.

E4

Previous affecting provision: certain court fees excluded for proceedings under collectively

cited

Adoption Acts 2010 and 2011

(3.02.2014) by

Supreme Court and High Court (Fees) Order 2014

(S.I. No. 24 of 2014), art. 6(1)(c), in effect as per art. 1(2); revoked (30.10.2014)

by

Supreme Court, Court of Appeal and High Court (Fees) Order 2014

(S.I. No. 492 of 2014), art. 11, in effect as per art. 1(2).

E5

Previous affecting provision: certain court fees excluded for proceedings under collectively

cited

Adoption Acts 2010 and 2011

(3.12.2013) by

Supreme Court and High Court (Fees) (No. 2) Order 2013

(S.I. No. 466 of 2013), art. 5(1)(c), in effect as per art. 1(2); revoked (3.02.2014)

by

Supreme Court and High Court (Fees) Order 2014

(S.I. No. 24 of 2014), art. 11, in effect as per art. 1(2).

E6

Previous affecting provision: certain court fees excluded for proceedings under collectively

cited

Adoption Acts 2010 and 2011

(10.07.2013) by

Supreme Court and High Court (Fees) Order 2013

(S.I. No. 239 of 2013), art. 6(1)(c), in effect as per art. 1(2); revoked (03.12.2013)

by

Supreme Court and High Court (Fees) (No. 2) Order 2013

(S.I. No. 466 of 2013), art. 10, in effect as per art. 1(2).

E7

Previous affecting provision: certain court fees excluded for proceedings under collectively

cited

Adoption Acts 2010 and 2011

(10.04.2012) by

Supreme Court and High Court (Fees) Order 2012

(S.I. No. 110 of 2012), art. 6(1)(c), in effect as per art. 1(2); revoked (10.07.2013)

by

Supreme Court and High Court (Fees) Order 2013

(S.I. No. 239 of 2013), art. 13, in effect as per art. 1(2).

Annotations

Modifications (not altering text)

C1

Functions of Health Service Executive in relation to Act transferred to

Child and Family Agency (1.01.2014, establishment day) by

Child and Family

Agency Act 2013

(40/2013), s. 82 and sch. 1, S.I. Nos. 502, 503 of 2013.

82.

(1) The administration and business in connection with the performance of any of the

functions transferred by subsection (2) are transferred, on the establishment day,

to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments

specified in Schedule 1 shall, on the establishment day, stand transferred to the

Agency.

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

....

Adoption Act 2010

....

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3(a), 5 and sch. 1 part 2, in effect as per art.

1(2).

2. (1) The administration

and business in connection with the performance of any functions transferred by

this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the

Department of Finance contained in any Act or instrument made thereunder and

relating to the administration and business transferred by paragraph (1) shall, on

and after the commencement of this Order, be construed as references to the

Department of Public Expenditure and Reform.

3. The functions conferred

on the Minister for Finance by or under the provisions of –

(

a

) the enactments specified in Schedule 1, and

...

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under

an Act and relating to any functions transferred by this Order shall, from the commencement

of this Order, be construed as references to the Minister for Public Expenditure and

Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 21 of 2010

Adoption Act 2010

Sections 36(5), 46(4), 89(3), 94(2), 102, 109, 112(3) and 124(1)

...

...

...

C3

Functions transferred and references to “Department of Health and Children” and “Minister for Health and Children” construed (3.06.2011) by

Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration

and Ministerial Functions) Order 2011

(S.I. No. 218 of 2011), arts. 2, 3(1), (3) and sch., in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 3 are transferred to the Department

of Children and Youth Affairs.

(2) References to the

Department of Health and Children contained in any Act or any instrument made

thereunder and relating to any administration and business transferred by

paragraph (1) shall, from the commencement of this Order, be construed as

references to the Department of Children and Youth Affairs.

3. (1) The functions vested

in the Minister for Health and Children by or under the Acts specified in the

Schedule are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Health and Children contained in any Act or instrument made

thereunder and relating to any functions transferred by this Article shall, from

the commencement of this Order, be construed as references to the Minister for

Children and Youth Affairs.

...

SCHEDULE

Adoption Act 2010

(No. 21 of 2010)

...

Editorial Notes

E1

Certain court fees excluded for proceedings under collectively cited

Adoption Acts 2010 to 2013

(30.10.2014) by

Supreme Court, Court of Appeal and High Court (Fees) Order 2014

(S.I. No. 492 of 2014), art. 6(1)(c), in effect as per art. 1(2).

E2

Adoption Authority of Ireland excluded from definition of public bodies in

Freedom of Information Act 2014

(30/2014) in so far as it relates to certain records (14.10.2014) by

Freedom of Information Act 2014

(30/2014), s. 6 and sch. 1 part 1(a), commenced as per s. 1(2).

E3

Chief Executive Officer of Adoption Authority of Ireland prescribed as recipient

of certain disclosures (23.07.2014) by

Protected Disclosures Act 2014 (Section 7(2)) Order 2014

(S.I. No. 339 of 2014), art. 2 and sch. ref. no. 1.

E4

Previous affecting provision: certain court fees excluded for proceedings under collectively

cited

Adoption Acts 2010 and 2011

(3.02.2014) by

Supreme Court and High Court (Fees) Order 2014

(S.I. No. 24 of 2014), art. 6(1)(c), in effect as per art. 1(2); revoked (30.10.2014)

by

Supreme Court, Court of Appeal and High Court (Fees) Order 2014

(S.I. No. 492 of 2014), art. 11, in effect as per art. 1(2).

E5

Previous affecting provision: certain court fees excluded for proceedings under collectively

cited

Adoption Acts 2010 and 2011

(3.12.2013) by

Supreme Court and High Court (Fees) (No. 2) Order 2013

(S.I. No. 466 of 2013), art. 5(1)(c), in effect as per art. 1(2); revoked (3.02.2014)

by

Supreme Court and High Court (Fees) Order 2014

(S.I. No. 24 of 2014), art. 11, in effect as per art. 1(2).

E6

Previous affecting provision: certain court fees excluded for proceedings under collectively

cited

Adoption Acts 2010 and 2011

(10.07.2013) by

Supreme Court and High Court (Fees) Order 2013

(S.I. No. 239 of 2013), art. 6(1)(c), in effect as per art. 1(2); revoked (03.12.2013)

by

Supreme Court and High Court (Fees) (No. 2) Order 2013

(S.I. No. 466 of 2013), art. 10, in effect as per art. 1(2).

E7

Previous affecting provision: certain court fees excluded for proceedings under collectively

cited

Adoption Acts 2010 and 2011

(10.04.2012) by

Supreme Court and High Court (Fees) Order 2012

(S.I. No. 110 of 2012), art. 6(1)(c), in effect as per art. 1(2); revoked (10.07.2013)

by

Supreme Court and High Court (Fees) Order 2013

(S.I. No. 239 of 2013), art. 13, in effect as per art. 1(2).

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.

18A. No pre-placement consultation required.

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 Child and Family Agency towards adoption expenses.

23. Children who may be adopted.

24. Exception if child older than 7 years.

(Repealed)

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 Child and Family Agency.

Chapter 5

Application by Prospective Adopters for Declaration of Eligibility and Suitability

37. Application to Child and Family Agency 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.

58A. Effect of adoption where adopter is step parent of child.

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.

63A. Continuation in force of certain declarations of eligibility and suitability