Adoption Act 2010

PART 5

Adoption Proceedings Before the Authority

43.

Hearing of applications.

43.— (1) The following persons are entitled to be heard on an application for an adoption order:

( a) the applicant;

( b) the child;

( c) the mother of the child;

( d) the father of the child or the person who believes himself to be the father;

F48 [ ( da ) any other relevant non-guardian of the child; ]

F49 [ ( e ) any guardian of the child; ]

( f) the person who immediately before the placing of the child for adoption had charge of or control over the child;

( g) a relative of the child;

( h) a representative of—

(i) an accredited body, or

(ii) the F50 [ Child and Family Agency ],

which is or has been at any time concerned with the child;

( i) an employee of the Authority;

( j) another person whom the Authority, in its discretion, decides to hear.

(2) A person who is entitled to be heard may be represented by counsel or a solicitor.

(3) The Authority, of its own initiative or on the application of an interested person, may hear the application wholly or partly in private.

(4) Where the Authority has notice of proceedings pending in any court in regard to the custody of a child in respect of whom an application is before the Authority, the Authority shall make no order in the matter until the proceedings have been disposed of.

(5) For the purposes of section 53 , a reference to a person in paragraph (c) or (d) of subsection (1) of this section shall be read in so far as it applies to a child in respect of whom an adoption order is in force or who is the subject of an intercountry adoption effected outside the State that has been recognised under this Act, as a reference to the adopters or the surviving adopter under the order or intercountry adoption effected outside the State.

Annotations:

Amendments:

F48

Inserted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 22(a), S.I. No. 443 of 2017.

F49

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 22(b), S.I. No. 443 of 2017.

F50

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.

Editorial Notes:

E39

Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 120, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.