Adoption Act 2010

Chapter 3

Eligibility and Suitability to Adopt

33.

Persons eligible for adoption order or recognition of intercountry adoption effected outside State.

33.— (1) ( a) The Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, unless—

(i) the applicants are a married couple who are living together,

F30 [ (ia) the applicants are civil partners of each other who are living together,

(ib) the applicants are a cohabiting couple, ]

F31 [ (ii) the applicant is a parent, step parent or relative of the child, or ]

(iii) the applicant, notwithstanding that he or she does not fall within subparagraph (ii), satisfies the Authority that, in the particular circumstances, the adoption is desirable and in the best interests of the child.

( b) Notwithstanding paragraph (a), the Authority may recognise an intercountry adoption effected outside the State on the application of a person referred to in paragraph (a) or (c) of section 90(3) .

(2) Except as provided in subsection (1)(a) , the Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, for the adoption of a child by more than one person.

(3) Where an applicant for an adoption order is married, or an applicant, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3) , for the recognition of an intercountry adoption effected outside the State is married, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of the applicant’s spouse, given in the manner determined by the Authority, unless—

( a) the couple are living apart under—

(i) a decree of judicial separation under section 3 of the Judicial Separation and Family Law Reform Act 1989,

(ii) a decree or order to like effect that was granted under the law of another jurisdiction and that is recognised in the State, or

(iii) a deed of separation,

( b) the spouse has deserted the applicant, or

( c) conduct on the part of the spouse results in the applicant, with just cause, separating from the spouse and living apart from him or her.

F32 [ (3A) Where an applicant

( a ) for an adoption order, or

( b ) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3) ,

is a civil partner of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that applicant s civil partner, given in the manner determined by the Authority unless

(i) the applicant and the applicant s civil partner are living apart under a separation agreement,

(ii) the civil partner has deserted the applicant, or

(iii) conduct on the part of the civil partner results in the applicant, with just cause, leaving the civil partner and living separately and apart from him or her.

(3B) Where an applicant

( a ) for an adoption order, or

( b ) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3) ,

is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority. ]

(4) The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c) of section 90(3) , recognise an intercountry adoption effected outside the State, unless—

( a) the applicant and, if the applicants are F33 [ a married couple, a couple who are civil partners of each other or a cohabiting couple ], each of them has attained the age of 21 years, or

( b) the applicants are F34 [ a married couple, a couple who are civil partners of each other or a cohabiting couple ] and one of them is F34 [ a parent ] or a relative of the child and either of them has attained the age of 21 years.

(5) Subject to subsection (6) and section 81 , the Authority shall not make an adoption order unless the applicant or, if the applicants are F35 [ a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple ], each of them, is habitually resident in the State.

(6) Subsection (5) does not prevent the Authority, for the purpose of an intercountry adoption effected in the State, from making an adoption order in favour of an applicant who, or, if the applicants are F36 [ a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple ], each of whom, is habitually resident in—

( a) another contracting state,

( b) a state that has a bilateral agreement with the State, or

( c) a state that has an arrangement referred to in section 81 with the State.

(7) The Authority shall issue policy guidelines respecting the circumstances in which an adoption order in favour of an applicant referred to in subsection (1)(a)(iii) may be made.

Annotations:

Amendments:

F30

Inserted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 16(a)(i), S.I. No. 443 of 2017.

F31

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 16(a)(ii), S.I. No. 443 of 2017.

F32

Inserted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 16(b), S.I. No. 443 of 2017.

F33

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 16(c)(i), S.I. No. 443 of 2017.

F34

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 16(c)(ii), S.I. No. 443 of 2017.

F35

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 16(d), S.I. No. 443 of 2017.

F36

Inserted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 16(e), S.I. No. 443 of 2017.

Editorial Notes:

E32

Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 114, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.