Adoption Act, 1991

JurisdictionIreland
CitationIR No. 14/1991


Number 14 of 1991


ADOPTION ACT, 1991


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Foreign adoptions effected in place of domicile of adopters.

3.

Foreign adoptions effected in place of habitual residence of adopters.

4.

Foreign adoptions effected in place where adopters ordinarily resident.

5.

Foreign adoptions where adopters ordinarily resident in State.

6.

Register of Foreign Adoptions.

7.

Directions of High Court in relation to entries in Register of Foreign Adoptions.

8.

Assessments by health boards and registered adoption societies.

9.

Proof of adoptions effected outside State.

10.

Eligibility to be granted an adoption order.

11.

Amendment of section 8 of Principal Act.

12.

Short title, collective citation and construction.


Acts Referred to

Adoption Act, 1952

1952, No. 25

Adoption Act, 1964

1964, No. 2

Adoption Act, 1974

1974, No. 24

Adoption Acts, 1952 to 1988

Health Act, 1970

1970, No. 1


Number 14 of 1991


ADOPTION ACT, 1991


AN ACT TO PROVIDE FOR THE RECOGNITION OF CERTAIN ADOPTIONS EFFECTED OUTSIDE THE STATE, TO AMEND AND EXTEND THE ADOPTION ACTS, 1952 TO 1988, AND TO MAKE FURTHER PROVISION IN CONNECTION WITH THE MATTERS AFORESAID. [30th May, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“adoption order” means an order under section 9 of the Principal Act;

“the Board” means An Bord Uchtála;

“health board” means a health board established under the Health Act, 1970 ;

“the Court” means the High Court;

“foreign adoption” means an adoption of a child who at the date on which the adoption was effected was under the age of 21 years or, if the adoption was effected after the commencement of this Act, 18 years, which was effected outside the State by a person or persons under and in accordance with the law of the place where it was effected and in relation to which the following conditions are satisfied:

(a) the consent to the adoption of every person whose consent to the adoption was, under the law of the place where the adoption was effected, required to be obtained or dispensed with was obtained or dispensed with under that law,

(b) the adoption has essentially the same legal effect as respects the termination and creation of parental rights and duties with respect to the child in the place where it was effected as an adoption effected by an adoption order,

(c) the law of the place where the adoption was effected required an enquiry to be carried out, as far as was practicable, into the adopters, the child and the parents or guardian,

(d) the law of the place where the adoption was effected required the court or other authority or person by whom the adoption was effected, before doing so, to give due consideration to the interests and welfare of the child,

(e) the adopters have not received, made or given or caused to be made or given any payment or other reward (other than any payment reasonably and properly made in connection with the making of the arrangements for the adoption) in consideration of the adoption or agreed to do so,

and “adopter” and “adopted child” shall be construed accordingly;

“the Minister” means the Minister for Health;

“place” means a country or any of the following jurisdictions, that is to say, England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands or, in relation to a country that has in matters of adoption two or more systems of law applying in different territorial units, any of the territorial units;

“the Principal Act” means the Adoption Act, 1952 ;

“the Register” means the Register of Foreign Adoptions established under section 6 of this Act.

Foreign adoptions effected in place of domicile of adopters.

2.—(1) A foreign adoption (whether effected before or after the commencement of this Act) effected in, or recognised under the law of, a place in which either or both of the adopters were domiciled on the date on which the adoption was effected shall be deemed, unless such deeming would be contrary to public policy, to have been effected by a valid adoption order made on that date.

(2) This section and sections 3 , 4 and 5 of this Act are in substitution for any rule of law providing for the recognition of adoptions effected outside the State.

Foreign adoptions effected in place of habitual residence of adopters.

3.—A foreign adoption (whether effected before or after the commencement of this Act) effected in, or recognised under the law of, a place in which either or both of the adopters were habitually resident on the date on which the adoption was effected shall be deemed, unless such deeming would be contrary to public policy, to have been effected by a valid adoption order made—

(a) on that date, or

(b) on such commencement,

whichever is the later.

Foreign adoptions effected in place where adopters ordinarily resident.

4.—A foreign adoption (whether effected before or after the commencement of this Act) effected in, or recognised under the law of, a place in which either or both of the adopters were ordinarily resident for a period of not less than one year ending on the date on which the adoption was effected shall be deemed, unless such deeming would be contrary to public policy, to have been effected by a valid adoption order made—

(a) on that date, or

(b) on such commencement,

whichever is the later.

Foreign adoptions where adopters ordinarily resident in State.

5.—(1) A foreign adoption (whether effected before or after the commencement of this Act), other than an adoption specified in section 2 , 3 or 4 of this Act, shall be deemed, unless such deeming would be contrary to public policy, to have been effected by a valid adoption order made—

(a) on the date on which the adoption was effected, or

(b) on such commencement,

whichever is the later, if, but only if—

(i) the adopters are persons coming within the classes of persons in whose favour an adoption order may, by virtue of section 10 of this Act, be made,

(ii) the adopters were ordinarily resident in the State on the date on which the adoption was effected, and

(iii) (I) in case the adoption was effected before the 1st day of April, 1991, the Board declares in writing that it is satisfied that the adopters are persons in whose favour an adoption order may, by virtue of the said section 10 , be made, or

(II) in case the adoption was effected on or after the 1st day of April, 1991, the Board declares in writing before the date on which the adoption was effected—

(A) that it is satisfied that the adopters are persons coming within the classes of persons in whose favour an adoption order may, by virtue of the said section 10 , be made, and

(B) that (having had regard to a report by the health board in whose functional area the adopters were ordinarily resident at the time of the assessment, or by a registered adoption society, of an assessment as respects the matters referred to in section 13 of the Principal Act in relation to the adopters carried out by the board or the society, as the case may be) it is satisfied in relation to the adopters as respects the matters referred to in the said section 13.

(2) Notwithstanding anything in subsection (1), where a foreign adoption was effected on or after the 1st day of April, 1991, and before the 1st day of July, 1991, and the Minister for Justice had received a request in writing from the adopters before the said 1st day of April, 1991, for an assurance in writing addressed to them as to the admission to the State of a child the subject of a foreign adoption effected in their favour, the adoption shall be deemed, unless such deeming would be contrary to public policy, to have been effected by a valid adoption order made—

(a) on the date on which the adoption was effected, or

(b) on the commencement of this Act,

whichever is the later, if but only if—

(i) the Minister for Justice gave such an assurance as aforesaid,

(ii) the adopters are persons coming within the classes of persons in whose favour an adoption order may, by virtue of section 10 of this Act, be made,

(iii) the adopters were ordinarily resident in the State on the date on which the adoption was effected, and

(iv) the Board declares in writing that it is satisfied that the adopters are persons coming within the classes of persons in whose favour an adoption order may, by virtue of the said section 10 , be made.

(3) (a) The adopters or the adopted child in relation to a foreign adoption or any other person having an interest in the matter may apply to the Board for the making of a declaration under paragraph (iii) (I) of subsection (1) or subsection (2) (iv) of this section in relation to the adopters, and the Board shall, if it is satisfied that it is appropriate to do so having regard to the provisions of those subsections, make the declaration.

(b) A person or persons to whom the said subsection (1) applies and who has or have applied, or proposes or propose to apply, for the effecting in his or their favour of a foreign adoption may, before the adoption is effected, apply to the Board for the making of a declaration under paragraph (iii) (II) of the said subsection (1) in relation to the person or persons, and the Board shall, if it is satisfied that it is appropriate to do so having regard to the provisions of that subsection, make the declaration.

(c) A person making an application to the Board under this subsection shall furnish the Board with such information as it may reasonably require and the information shall be in such form (if any) as may be specified.

(d) A document purporting to be a copy, and to be...

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