Adoption Act 2010

Chapter 6

Authority’s Power to Issue Declarations of Eligibility and Suitability to Prospective Adopters

40.

Authority may issue declaration of eligibility and suitability.

40.— (1) The Authority may issue a declaration of eligibility and suitability in favour of F46 [ a person, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple ] who have applied under this Act to the Authority for, as may be appropriate, an adoption order, or the recognition of an intercountry adoption, in relation to a child habitually resident—

( a) in the State (a domestic adoption),

( b) in another contracting state (an intercountry adoption),

( c) in a state that has a bilateral agreement with the State (an intercountry adoption), or

( d) in the circumstances described in section 81 (an adoption in an exceptional case), in a non-contracting state that is not a party to a bilateral agreement.

(2) A declaration of eligibility and suitability may be issued only if, having considered both the assessment report prepared under section 37 and the adoption committee’s recommendation under section 39 , the Authority is satisfied—

( a) that the applicant or, in the case of applicants who are F46 [ a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple ], each of them comes within the classes of persons in whose favour an adoption order may, by virtue of section 33 , be made or an intercountry adoption may, by virtue of that section, be recognised, and

( b) as to the matters specified in section 34 in relation to the applicant or, in the case of applicants who are a married couple living together, each of them.

(3) When issuing a declaration of eligibility and suitability, the Authority may include in it a statement relating to the age or state of health of a child whom the Authority considers that the applicant or applicants are suited to parent.

(4) If the Authority is not satisfied as to the matters referred to in subsection (2) , it may refuse to issue a declaration of eligibility and suitability in favour of F46 [ the person, married couple, civil partners or cohabiting couple ] referred to in subsection (1) , having first given him, her or them an opportunity to be heard.

(5) A declaration of eligibility and suitability is not to be issued or refused if the Authority has received an applicable notice of discontinuance under section 21 or 38.

Annotations:

Amendments:

F46

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 20, S.I. No. 443 of 2017.

Editorial Notes:

E37

Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 118, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.