Adoption Act, 1988

• Jurisdiction: Ireland
• Citation: IR No. 30/1988
• Year: 1988

Number 30 of 1988
ADOPTION ACT, 1988
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Adoption orders in respect of children the subject of orders under section 3 (1). 3. Orders by High Court authorising adoption of children whose parents have failed in their duty towards them. 4. Evidence to Court. 5. Court costs. 6. Amendment of section 3 of Principal Act. 7. Adaptation of sections 16, 20 and 24 of Principal Act. 8. Amendment of First Schedule to Principal Act. 9. Short title, collective citation and construction.
Acts Referred to Adoption Act, 1952 1952, No. 25 Adoption Act, 1964 1964, No. 2 Adoption Acts, 1952 to 1976
Number 30 of 1988
ADOPTION ACT, 1988
AN ACT TO PROVIDE, IN EXCEPTIONAL CASES, WHERE THE PARENTS FOR PHYSICAL OR MORAL REASONS HAVE FAILED IN THEIR DUTY TOWARDS THEIR CHILDREN, FOR THE SUPPLYING, BY THE ADOPTION OF THE CHILDREN, OF THE PLACE OF THE PARENTS AND FOR THAT PURPOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE ADOPTION ACTS, 1952 TO 1976. [26th July, 1988]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1.—(1) In this Act—
	“the Act of 1964” means the Adoption Act, 1964 ;
	“the Acts” means the Adoption Acts, 1952 to 1976;
	“the Board” means An Bord Uchtála;
	“adoption order” means an order under section 9 of the Principal Act;
	“the Court” means the High Court;
	“parents” includes a surviving parent and, in the case of a child in respect of whom an adoption order is in force, means the adopters or the adopter or the surviving adopter under the order;
	“the Principal Act” means the Adoption Act, 1952 .
	(2) References in this Act to persons in whose favour the Board has made a declaration under section 2 (1) or to persons applying for an adoption order are, in the case of such a declaration in favour of one person or such an application by one person, references to that person.
	(3) (a) A reference in this Act to a section is to a section of this Act unless it is indicated that reference to some other enactment is intended.
	(b) A reference in this Act to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
	Adoption orders in respect of children the subject of orders under section 3 (1).	2.—(1) Where—
	(a) an application is made by any persons (referred to subsequently in this subsection as “the applicants”) to the Board for an adoption order,
	(b) but for this Act, the Board would not have power to make the order, and
	(c) the Board (having heard the health board in whose functional area the applicants ordinarily reside, any persons specified in paragraphs (a) to (h) of section 16 (1) (as adapted by this Act) of the Principal Act who wish to be heard and any other person whom the Board, in its discretion, decides to hear) is satisfied that, if an order under section 3 (1) in relation to the child to whom the application for the adoption order relates were made in favour of the applicants, it would be proper, having regard to the Acts and this Act, to make the adoption order,
	the Board shall adjourn the application and declare that, if the order is made under section 3 (1); it will, subject to subsection (2), make the adoption order.
	(2) Where—
	(a) an order is made under section 3 (1), and
	(b) an appeal against the order is not brought or the order is confirmed on appeal by the Supreme Court,
	the Board, if so requested by the persons in whose favour the order was made, shall, notwithstanding anything in section 10 of the Principal Act, unless it is satisfied that the relevant circumstances have so changed since the date of the making of the declaration under subsection (1) in relation to the matter that it would not be proper, having regard to the Acts and this Act, to do so, make an adoption order in relation to the child to whom the order under section 3 (1) relates in favour of the persons aforesaid.
	(3) Section 14 of the Principal Act, the proviso to paragraph (a) of section 2 (1) of the Act of 1964 and paragraph (b) of the said section 2 (1) do not apply to an adoption order made by the Board by virtue of this section.
	(4) Section 17 of the Principal Act does not apply in relation to an application for the making of an adoption order by virtue of this section.
	(5) Where an adoption order is made by virtue of this section in respect of a child in respect of whom a previous adoption order has been made, the child shall be taken, for the purposes of the first-mentioned order, to be the lawful child of the adopters under the said previous order.
	Orders by High Court authorising adoption of children whose parents have failed in their duty towards them.	3.—(1) Where persons in whose favour the Board has made a declaration under section 2 (1) (referred to subsequently in this subsection as “the applicants”) request the health board in whose functional area they ordinarily reside to apply to the Court for an order under this section—
	(a) if the health board considers it proper to do so and an application therefor in accordance with paragraph (b) of this subsection has not been made by the applicants, the health board may apply to the Court for the order, and
	(b) if, within the period of 3 months from the day on which the request was given to the health board, the health board either—
	(i) by notice in writing given to the applicants, declines to accede to the request, or
	(ii) does not give the applicants a notice under subparagraph (i) of this paragraph in relation to the request but does not make an application for the order under paragraph (a),
	the applicants may apply to the Court for the order,
	and, if an application under paragraph (a) or (b) of this subsection is made and it is shown to the satisfaction of the Court—
	(I) that—
	(A) for a continuous period of not less than 12 months immediately preceding the time of the making of the application, the parents of the child to whom the declaration under section 2 (1) relates, for physical or moral reasons, have failed in their duty towards the child,
	(B) it is likely that such failure will continue without interruption until the child attains the age of 18 years,
	(C) such failure constitutes an abandonment on the part of the parents of all parental rights, whether under the Constitution or otherwise, with respect to the child, and
	(D) by reason of such failure, the State, as guardian of the common good, should supply the place of the parents,
	(II) that the child—
	(A) at the time of the making of the application, is in the custody of and has a home with the applicants, and
	(B) for a continuous period of not less than 12 months immediately preceding that time, has been in...