Adoption act, 1974

• Act Number: 24
• Enactment Date: 29 July 1974

Number 24 of 1974
ADOPTION ACT, 1974
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Welfare of child. 3. Power to make adoption order in the absence of consent. 4. Religion. 5. Application by widower for adoption order. 6. Restriction on making arrangements for adoption. 7. Power to appoint Deputy Chairman. 8. Amendment of section 15 of Principal Act. 9. Restriction on making of adoption order. 10. Amendment of section 22 of Principal Act. 11. Amendment of section 3 of Adoption Act, 1964. 12. Remuneration of Deputy Chairman. 13. Repeals. 14. Short title, construction and collective citation.
SCHEDULE
Repeals.
Acts Referred to Adoption Act, 1952 1952, No. 25 Adoption Act, 1964 1964, No. 2
Number 24 of 1974
ADOPTION ACT, 1974
AN ACT TO AMEND AND EXTEND THE ADOPTION ACTS, 1952 AND 1964. [29th July, 1974]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—In this Act—
	“adoption order” means an order under section 9 of the Principal Act;
	“the Board” means An Bord Uchtála;
	“the Principal Act” means the Adoption Act, 1952 .
	Welfare of child.	2.—In any matter, application or proceedings before the Board or any court relating to the arrangements for or the making of an adoption order, the Board or the court, in deciding that question, shall regard the welfare of the child as the first and paramount consideration.
	Power to make adoption order in the absence of consent.	3.—(1) In any case where a person has applied for an adoption order relating to a child and any person whose consent to the making of an adoption order relating to the child is necessary and who has agreed to the placing of the child for adoption either—
	(a) fails, neglects or refuses to give his consent, or
	(b) withdraws a consent already given,
	the applicant for the adoption order may apply to the High Court for an order under this section.
	(2) The High Court, if it is satisfied that it is in the best interests of the child so to do, may make an order under this section—
	(a) giving custody of the child to the applicant for such period as the Court may determine, and
	(b) authorising the Board to dispense with the consent of the other person referred to in subsection (1) of this section to the making of an adoption order in favour of the applicant during the period aforesaid.
	(3) The consent of a ward of court shall not be dispensed with by virtue of a High Court order under this section except with the sanction of the Court.
	Religion.	4.—An adoption order shall not be made in any case where the applicants, the child and his parents, or, if the child is illegitimate, his mother, are not all of the same religion, unless every person whose consent to the making of the order is required by section 14 of the Principal Act or by section 2 of the Adoption Act, 1964 , knows the religion (if any) of each of the applicants when he gives his consent.
	Application by widower for adoption order.	5.—(1) Notwithstanding anything contained in section 11 of the Principal Act (as amended by section 5 of the Act of 1964), in any case where—
	(a) a child is in the care of a married couple who have made an application for an adoption order in relation to that child, and
	(b) the wife dies before the making of the adoption order,
	the Board may make an adoption order relating to that child on the application of the widower: Provided that—
	(i) the widower has, at the date of his application another child in his custody, and
	(ii) every person, whose consent to the making of the adoption order is required by section 14 of the Principal Act or by section 2 of the Act of 1964, knows, when he gives his consent, that the applicant is a widower.
	(2) In any case where an application for an adoption order is made under this section, any consent given to the making of an adoption order in respect of the child in favour of the married couple shall be disregarded.
	Restriction on making arrangements for adoption.	6.—The Principal Act is hereby amended by the substitution for section 34 of the following section:
	“34.(1) It shall not be lawful for any body of persons to make or to attempt to make any arrangements for the adoption of a child or, for that purpose, to retain a child in its custody or to arrange to have a child retained by any other person or body.
	(2) If any person takes any part in the management or control of a body of persons which exists wholly or in part for the purpose of making arrangements for adoption, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.
	(3) In any proceedings under subsection (2) of this section, proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the management or control of a body of persons, or in making arrangements for adoption on behalf of the body, shall be admissible as evidence of the purpose for which that body exists.
	(4) It shall not be lawful for any person to give a child, or to cause a child to be given, to any other person for the purpose of having that child adopted by that other person, or by any other person, unless either the first mentioned person is a parent of...