Adoption Act 2010

20.

Authority’s power to make adoption order or recognise intercountry adoption effected outside State.

20.— (1) On the application of a person, or persons if they are F21 [ a married couple, a couple who are civil partners of each other or a cohabiting couple ], desiring to adopt a child, the Authority may make an adoption order for the adoption of the child by the applicant or applicants, as the case may be.

(2) On the application of the adopters of a child adopted in an intercountry adoption effected outside the State, the Authority may recognise the intercountry adoption effected outside the State.

(3) Where the applicants are F21 [ a married couple, a couple who are civil partners of each other or a cohabiting couple ]

( a) the adoption order shall be for the adoption of the child by them jointly, or

( b) the recognition referred to in subsection (2) shall be for the recognition of the intercountry adoption effected outside the State of the child by them jointly.

(4) In making an adoption order, the Authority is required to take into account—

( a) the relevant assessment report prepared under section 37 , and

( b) the relevant declaration of eligibility and suitability if one has been issued under section 40.

(5) In recognising an intercountry adoption effected outside the State, the Authority may take into account—

( a) the relevant instrument prepared by or on behalf of the Central Authority of that other state that is the equivalent of the assessment report referred to in subsection (4)(a), and

( b) the relevant instrument prepared by or on behalf of the Central Authority of that other state that is the equivalent of a declaration of eligibility and suitability.

(6) Where an application is made to the Authority under this section, the Authority, of its own motion or on the application of an interested person, may adjourn from time to time the making of a decision whether to make or refuse to make the adoption order or to recognise the intercountry adoption effected outside the State, as the case may be.

Annotations:

Amendments:

F21

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 10, S.I. No. 443 of 2017.

Editorial Notes:

E22

Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 110, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.