Adoption Act 2010
Chapter 5
Application by Prospective Adopters for Declaration of Eligibility and Suitability
Application to F32 [ Child and Family Agency ] for Authority to issue declaration of eligibility and suitability.
37.— (1) A person habitually resident in the State, or a married couple married to each other, each of whom is habitually resident in the State, may apply to the F32 [ Child and Family Agency ] for—
( a) an assessment of eligibility and suitability in relation to himself, herself or themselves, and
( b) the issuance by the Authority of a declaration of eligibility and suitability in accordance with that assessment.
(2) An application under subsection (1) shall—
( a) be made in writing addressed to an office of the F32 [ Child and Family Agency ],
( b) be made in conjunction with a separate application under this Act by the applicants for an adoption order or the recognition of an intercountry adoption including in the circumstances discussed in section 81 , and
( c) specify which state is the habitual residence of the child the applicants propose to adopt under their separate application referred to in paragraph (b) .
(3) As soon as practicable after the F32 [ Child and Family Agency ] receives an application under subsection (1), the F32 [ Child and Family Agency ] shall take the following steps concerning the adoption proposed under the separate application referred to in subsection (2)(b) or arrange for the steps to be taken by an accredited body:
( a) providing information, advice and counselling to the applicants;
( b) carrying out an assessment of eligibility and suitability in relation to the applicants;
( c) preparing an assessment report that conforms to paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states) and that includes—
(i) the information described in Article 15, and
(ii) a finding as to the eligibility and suitability of the applicants.
(4) As soon as practicable after preparing the assessment report referred to in subsection (3)(c), the F32 [ Child and Family Agency ] shall refer the report to an adoption committee for the latter’s recommendation to the Authority under section 39(1) .
Annotations:
Amendments:
F32
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.
F33
Substituted by Children and Family Relationships Act 2015 (9/2015), s. 116, not commenced as of date of revision.
Modifications (not altering text):
Prospective affecting provision: subs. (1) amended by Children and Family Relationships Act 2015 (9/2015), s. 116, not commenced as of date of enactment.
37.— (1) A person habitually resident in the State, or F33 [ a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple ], each of whom is habitually resident in the State, may apply to the F32 [ Child and Family Agency ] for—
Editorial Notes:
E13
Child and Family Agency empowered to make regulations specifying charges in relation to services provided under section (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 95(1)(b), S.I. No. 502 of 2013.


