Adoption Act 2010

41.

Expiration of declaration of eligibility and suitability.

41.— (1) A declaration of eligibility and suitability expires after—

( a) 24 months from the date of issuance of the declaration, or

( b) a further period of not more than 12 months that the Authority may specify on application made to the Authority by the F47 [ person, married couple, civil partners or cohabiting couple ] concerned within those 24 months.

(2) Notwithstanding subsection (1) , if—

( a) during the 24 months referred to in that subsection, together with the further period, if any, specified by the Authority under that subsection, and

( b) before the making of an adoption order, or the recognition of an intercountry adoption, for which the declaration referred to in that subsection was issued,

new information about the applicant’s or applicants’ eligibility and suitability to adopt has become available or there has been a change in the relevant circumstances, the Authority, after—

(i) reconsidering the declaration of eligibility and suitability, and

(ii) giving the F47 [ person, married couple, civil partners or cohabiting couple ] concerned, an opportunity to be heard,

may either—

(I) amend the declaration of eligibility and suitability by attaching specified conditions to it, including but not limited to a condition that the eligibility and suitability of the F47 [ person, married couple, civil partners or cohabiting couple ] be reconsidered at a hearing before the Authority, or

(II) withdraw the declaration if the Authority considers that it would not be proper, having regard to this Act, to make the adoption order or recognise the intercountry adoption.

Annotations:

Amendments:

F47

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 21, S.I. No. 443 of 2017.

Editorial Notes:

E38

Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 119, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.