Adoption Act 2010

59.

Subsequent marriage of birth parents.

59.— (1) Subject to subsection (2)

( a) the validity of an adoption order in relation to a child born of parents not married to each other and the provisions of this Act in regard to the effects of the order are not affected by the subsequent marriage of the child’s birth parents, and

( b) the Legitimacy Act 1931 does not apply to the child unless the order is set aside.

(2) Subsection (1) does not apply where the child has been adopted by one of his or her birth parents and their subsequent marriage to each other would, apart from that subsection, legitimate the child.

(3) In that case, the Legitimacy Act 1931 applies and the adoption order ceases to be in force.

(4) Upon the re-registration of the birth of the child under section 24 of the Civil Registration Act 2004, an tArd-Chláraitheoir shall cancel the entry in the Adopted Children Register concerned and notify the Authority accordingly.

Annotations:

Amendments:

F48

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 122, not commenced as of date of revision.

Modifications (not altering text):

C28

Prospective affecting provision: section heading, subss. (1)(a) and (2) amended by Children and Family Relationships Act 2015 (9/2015), s. 122, not commenced as of date of revision.

Subsequent marriage of F48 [ parents ].

( a) the validity of an adoption order in relation to a child born of parents not married to each other and the provisions of this Act in regard to the effects of the order are not affected by the subsequent marriage of the child’s F48 [ parents ], and

...

(2) Subsection (1) does not apply where the child has been adopted by one of his or her F48 [ parents ] and their subsequent marriage to each other would, apart from that subsection, legitimate the child.