Adoption act 2010
Enactment Date | 14 July 2010 |
Act Number | 21 |
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Number 21 of 2010 |
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ADOPTION ACT 2010 |
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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... |
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