Adoption Act 2010

60.

Property rights.

60.— (1) In this section, “property” does not include property subject to an entailed interest under a disposition made before the date of the adoption order or the recognition of an intercountry adoption effected outside the State.

(2) Where, at any time after the making of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be, the F65 [ adopter or adopters ], the adopted person or any other person dies intestate in respect of any real or personal property, that property shall devolve in all respects as if the adopted person were—

F66 [ ( a ) the child of the adopter or adopters ]

F67 [ ( b ) subject to section 58A , not the child of any other person. ]

(3) In any disposition of real or personal property made, whether by instrument inter vivos or by will (including codicil), after the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be—

( a) a reference (whether express or implied) to the child or children of the adopter or adopters shall be read, unless the contrary intention appears, as, or as including, a reference to the adopted person,

( b) a reference (whether express or implied) to the child or children of the adopted person’s F68 [ parent or parents ] shall be read, unless the contrary intention appears, as not being, or as not including, a reference to the adopted person, and

F69 [ ( c ) any reference (whether express or implied) to a person related to the adopted person in any degree shall be read, unless the contrary intention appears, as a reference to the person who would be related to the adopted person in that degree if the adopted person were

(i) the child of the adopter or adopters, and

(ii) subject to section 58A , not the child of any other person. ]

(4) For the purposes of—

( a) the devolution of any property in accordance with this section, and

( b) the construction of any disposition to which subsection (2) applies,

an adopted person shall be deemed to be related to any other person being the child or adopted child of the adopters or of either of them—

F70 [ (i) where the adopters are a couple, within the meaning of subsection (7) and the other person is the child or adopted child of that couple, both persons, as brother or sister of the whole blood, and ]

(ii) in any other case, as brother or sister of the half-blood.

(5) Notwithstanding any rule of law, a disposition made by will or codicil executed before the date of an adoption order or the recognition of an intercountry adoption effected outside the State, as the case may be, shall not be treated for the purposes of this section as made after that date by reason only that the will or codicil is confirmed by a codicil executed after that date.

(6) Where an adoption order is made in respect of a person who had been previously adopted, the previous adoption shall be disregarded for the purposes of this section in relation to—

( a) the devolution of any property on the death of a person dying intestate after the date of the subsequent adoption order, and

( b) any disposition of property after that date.

F71 [ (7) In this section references to adopters who are a couple means adopters who are

( a ) married to each other,

( b ) civil partners of each other, or

( c ) a cohabiting couple,

as the case may be, and any such references shall be construed as including references to adopters who were married to each other, civil partners of each other or living together as a cohabiting couple, as the case may be, at the time the adoption order concerned was made or the intercountry adoption effected outside the State concerned was recognised, as the case may be, but who are no longer married to each other, civil partners of each other or living together as a cohabiting coup le, as the case may be, at the time of the disposition of the property concerned. ]

Annotations:

Amendments:

F65

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 28(a)(i), S.I. No. 443 of 2017.

F66

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 28(a)(ii), S.I. No. 443 of 2017.

F67

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 28(a)(iii), S.I. No. 443 of 2017.

F68

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 28(b)(i), S.I. No. 443 of 2017.

F69

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 28(b)(ii), S.I. No. 443 of 2017.

F70

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 28(c), S.I. No. 443 of 2017.

F71

Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 28(d), S.I. No. 443 of 2017.

Editorial Notes:

E43

Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 123, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.