Adoption Act 2010
Number 21 of 2010
ADOPTION ACT 2010
REVISED
Updated to 3 July 2023
This Revised Act is an administrative consolidation of the Adoption Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), enacted 5 July 2023, and all statutory instruments up to and including the Work Life Balance and Miscellaneous Provisions Act 2023 (Commencement) Order 2023 (S.I. No. 341 of 2023), made 29 June 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 21 of 2010
ADOPTION ACT 2010
REVISED
Updated to 3 July 2023
ARRANGEMENT OF SECTIONS
Preliminary and General Matters
Section
4. References to making arrangements for adoption.
5. Supplemental provisions to section 4 in relation to certain intercountry adoptions.
Legal Effect of Hague Convention
9. Hague Convention to have force of law.
Placement for Adoption
Interpretation
Placement of Children for Adoption
12. Visits and enquiries pertaining to adoptions.
13. Restriction on placing child for adoption.
14. Explanation to mother or guardian as to effect of adoption.
15. Care of child pending placement.
16. Right of father who wishes to be consulted.
17. Pre-placement consultation procedure.
18. Where father not consulted.
18A. No pre-placement consultation required.
Domestic Adoptions and Intercountry Adoptions
Adoption Orders and Consents to Adoption Orders
22. Contribution by Child and Family Agency towards adoption expenses.
23. Children who may be adopted.
24. Exception if child older than 7 years. (Repealed)
25. Correction of adoption order.
Consents to Adoption Orders
26. Consents to adoption orders.
27. Information for persons about consenting to adoption orders.
29. Enquiries on behalf of Authority.
Eligibility and Suitability to Adopt
Adoption Committees
36. Adoption committees of Child and Family Agency.
Application by Prospective Adopters for Declaration of Eligibility and Suitability
Authority’s Power to Issue Declarations of Eligibility and Suitability to Prospective Adopters
40. Authority may issue declaration of eligibility and suitability.
41. Expiration of declaration of eligibility and suitability.
42. Proof of declaration of eligibility and suitability.
Adoption Proceedings Before the Authority
44. Interim orders as to custody in adoption proceedings.
46. Power to summon witnesses, etc.
49. Case stated for High Court.
Related Court Proceedings
50. Relevant adoption not to be declared invalid if declaration not in child’s best interests.
51. Orders by court as to custody of children in certain cases.
Adoption Orders in Exceptional Cases and Role of High Court
53. Adoption orders in relation to children where High Court order under section 54 applies.
Effects of Adoption orders and of State Recognition of Intercountry Adoptions
57. Recognition and effects of intercountry adoption effected outside State.
58. Parental rights and duties.
58A. Effect of adoption where adopter is step parent of child.
59. Subsequent marriage of birth parents.
62. Orders to make payment for benefit of child.
63. Transitional — foreign adoptions in process immediately before establishment day.
63A. Continuation in force of certain declarations of eligibility and suitability
Intercountry Adoptions
Provisions Relating Generally to Intercountry Adoptions
65. Competent authority for certifying that adoptions accord with Hague Convention.
66. Role of Authority as Central Authority.
67. Procedural arrangements for cases where State is receiving state.
68. State as receiving state: adoption orders for children placed for adoption in State.
69. Conversion of certain adoptions effected in contracting states and recognised in State.
70. Transfer of child from State for purpose of adoption in receiving state.
71. Discussions relating to agreements under Article 39.
72. Administrative arrangements with contracting states.
Bilateral Agreements and other Arrangements Concerning Intercountry Adoptions
73. Discussions and agreements with non-contracting states.
74. Administrative arrangements with states that have bilateral agreements.
75. Role of Authority as Central Authority under bilateral agreement.
76. Competent authority for certifying that adoptions accord with bilateral agreement.
77. Procedural arrangements where State is receiving state under bilateral agreement.
80. Transfer of child from State for purpose of adoption in receiving state.
Arrangement in Exceptional Case with a Non-Contracting State
81. Exceptional case involving specific child.
Duty to Inform State about Adopted Child First Entering State
82. Duty to inform Child and Family Agency and Authority of child’s entry.
Adopted Children Register and Register of Intercountry Adoptions
Adopted Children Register
83. Authority to send particulars to Ard-Chláraitheoir for entries in Adopted Children Register.
84. Adopted Children Register.
85. Index to Adopted Children Register.
86. Separate index of connections between Adopted Children Register and register of births.
87. Certified copy of entry in Adopted Children Register as evidence of facts stated.
88. Privacy of adoption records.
89. Abridged certificate of entry in Adopted Children Register.
Register of Intercountry Adoptions
90. Register of intercountry adoptions.
91. Certified copy of entry in register of intercountry adoptions as evidence of facts stated.
91A. Register of gender recognition of intercountry adoptions.
91C. Entry in register of gender recognition of intercountry adoptions.
91D. Cancellation or amendment of entry in register of gender recognition of intercountry adoptions.
Directions of High Court in Relation to Register of Intercountry Adoptions
92. Directions of High Court in relation to entries in register of intercountry adoptions.
Proof and Registration of Intercountry Adoptions effected outside the State
93. Proof of intercountry adoptions effected outside State.
Adoption Authority
Authority Established
94. Establishment of Adoption Authority.
99. Membership of either House of Oireachtas, European Parliament or local authority.
102. Remuneration and expenses of members of Authority and committees.
Chief Executive Officer
104. Functions of chief executive officer.
105. Accountability of chief executive officer to Public Accounts Committee.
106. Accountability of chief executive officer to other Oireachtas Committees.
Accountability, Plans, Reports and Funding
108. Corporate plan of Authority.
110. Submission of business plan.
Standards, Codes of Conduct, Disqualification, etc.
115. Availability of codes of conduct.
118. Information to be furnished to Minister and Authority’s discretion to publish other reports.
119. Prohibition against unauthorised disclosure of confidential information.
Employees of Authority, etc.
Registration of Accredited Bodies
Arrangements for Adoption
125. Restrictions on making arrangements for adoption.
Register of Accredited Bodies
126. Register of accredited bodies.
127. Registration of accredited bodies.
129. Cancellation of registration for failure to apply for renewal.
130. Cancellation of registration for other reasons.
131. Amendment of registration.
132. Duty to notify of registration decisions.
133. Accredited bodies to furnish information to Authority and permit inspection of their records.
134. Notices in Iris Oifigiúil of registration and cancellation.
Appeals Respecting Registration of Accredited Bodies
135. Appeals from decisions relating to registration.
Dissolution of An Bord Uchtála
136. Dissolution of An Bord Uchtála.
137. Transfer of persons to be employees of Authority.
138. Transfer of property and liabilities to Authority.
139. Preservation of contracts, etc., and adaptation of references.
140. Records of An Bord Uchtála.
141. Pending legal proceedings.
142. Pending adoption proceedings.
143. References to Adoption Board in enactments made before establishment day.
Offences
Contraventions and Non-Compliance Other than as Provided in Other Parts
144. Prohibition against certain advertisements.
146. Prohibition against false or misleading statements or information.
Offences and Penalties
149. Proceedings for offences.
Regulations
151. Regulations relating to accredited bodies.
152. Regulations relating to register of intercountry adoptions.
152A. Regulations relating to register of gender recognition of intercountry adoptions.
153. Regulations relating to Hague Convention.
154. Regulations relating to transfer of child from State for adoption in receiving state.
155. Laying of regulations before Houses of Oireachtas.
Consequential Amendments to Other Acts
156. References to adoptions, etc.
157. Amendment of Adoptive Leave Act 1995.
158. Amendment of Child Care Act 1991.
159. Amendment of Civil Registration Act 2004.
160. Amendment of section 99(1) of Defence Act 1954.
161. Amendment of section 46(1) of Freedom of Information Act 1997.
162. Amendment of section 2(1) of Guardianship of Infants Act 1964.
163. Amendment of Married Women’s Status Act 1957.
164. Amendment of section 20(9) of Ministerial and Parliamentary Offices Act 1938.
165. Amendment of paragraph 1(2) of First Schedule to Official Languages Act 2003.
166. Amendment of section 6A(6)(b) of Oireachtas (Allowances to Members) Act 1938.
167. Amendment of Part II of First Schedule to Ombudsman Act 1980.
168. Amendment of Part 2 of Schedule 1 to Ombudsman for Children Act 2002.
169. Amendment of section 2(1) of Parental Leave Act 1998.
170. Amendment of section 6(2)(b) of Prosecution of Offences Act 1974.
171. Amendment of Social Welfare Consolidation Act 2005.
172. Amendment of Status of Children Act 1987.
173. Amendment of section 4A of Succession Act 1965.
174. Amendment of Taxes Consolidation Act 1997.
175. Amendment of various other statutes.
Repeals and Revocations
Acts Repealed
Statutory Instruments Revoked
Text of Hague Convention
Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption
Particulars of Adoptions to be entered in adopted children register
Amendment of Second Schedule to Civil Registration Act 2004
Acts Referred to
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1952, No. 25 |
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1964, No. 2 |
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1974, No. 24 |
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1976, No. 29 |
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1988, No. 30 |
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1991, No. 14 |
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1998, No. 10 |
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Adoption Acts 1952 and 1964 |
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Adoption Acts 1952 to 1976 |
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Adoption Acts 1952 to 1998 |
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1995, No. 2 |
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Adoptive Leave Acts 1995 and 2005 |
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1959, No. 15 |
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2001, No. 19 |
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1991, No. 17 |
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1997, No. 40 |
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1961, No. 41 |
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2004, No. 3 |
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1990, No. 33 |
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1993, No. 8 |
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Courts of Justice and Court Officers (Superannuation) Act 1961 |
1961, No. 16 |
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1954, No. 18 |
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1995, No. 22 |
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1997, No. 2 |
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1997, No. 13 |
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2003, No. 9 |
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1964, No. 7 |
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2007, No. 42 |
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1956, No. 26 |
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1989, No. 6 |
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1931, No. 13 |
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2001, No. 37 |
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1957, No. 5 |
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Maternity Protection Acts 1994 and 2004 |
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2007, No. 25 |
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Minimum Notice and Terms of Employment Acts 1973 to 2005 |
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1938, No. 38 |
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2001, No. 33 |
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2003, No. 32 |
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1938, No. 34 |
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1968, No. 8 |
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1980, No. 26 |
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2002, No. 22 |
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1997, No. 20 |
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1998, No. 30 |
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Parental Leave Acts 1998 and 2006 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vic. c.93 |
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1974, No. 22 |
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2003, No. 29 |
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2001, No. 45 |
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Public Service Management (Recruitment and Appointments) Act 2004 |
2004, No. 33 |
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Redundancy Payments Acts 1967 to 2007 |
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2005, No. 10 |
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2005, No. 26 |
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2001, No. 31 |
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1987, No. 26 |
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1965, No. 27 |
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1997, No. 39 |
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Terms of Employment (Information) Acts 1994 and 2001 |
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Unfair Dismissals Acts 1977 to 2007 |
Number 21 of 2010
ADOPTION ACT 2010
REVISED
Updated to 3 July 2023
AN ACT TO PROVIDE FOR THE DISSOLUTION OF AN BORD UCHTÁLA AND THE ESTABLISHMENT OF A BODY TO BE KNOWN AS ÚDARÁS UCHTÁLA NA hÉIREANN AND IN THE ENGLISH LANGUAGE AS THE ADOPTION AUTHORITY OF IRELAND; TO PROVIDE FOR MATTERS RELATING TO THE ADOPTION OF CHILDREN; TO GIVE THE FORCE OF LAW TO THE CONVENTION ON THE PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION SIGNED AT THE HAGUE ON 29 MAY 1993; TO PROVIDE FOR THE MAKING AND RECOGNITION OF INTERCOUNTRY ADOPTIONS IN ACCORDANCE WITH BILATERAL AGREEMENTS AND WITH OTHER ARRANGEMENTS; TO PROVIDE FOR THE RECOGNITION OF CERTAIN ADOPTIONS EFFECTED OUTSIDE THE STATE; TO REPEAL THE ADOPTION ACTS 1952 TO 1998; TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND TO PROVIDE FOR RELATED MATTERS.
[14th July, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions of Health Service Executive in relation to Act transferred to Child and Family Agency (1.01.2014, establishment day) by Child and Family Agency Act 2013 (40/2013), s. 82 and sch. 1, S.I. Nos. 502, 503 of 2013.
82. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.
(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.
SCHEDULE 1
Functions of Health Service Executive Transferred to Agency
....
Adoption Act 2010
....
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3(a), 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of –
(a) the enactments specified in Schedule 1, and
...
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 21 of 2010 |
Adoption Act 2010 |
Sections 36(5), 46(4), 89(3), 94(2), 102, 109, 112(3) and 124(1) |
|
... |
... |
... |
C3
Functions transferred and references to “Department of Health and Children” and “Minister for Health and Children” construed (3.06.2011) by Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011), arts. 2, 3(1), (3) and sch., in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.
(2) References to the Department of Health and Children contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.
3. (1) The functions vested in the Minister for Health and Children by or under the Acts specified in the Schedule are transferred to the Minister for Children and Youth Affairs.
...
(3) References to the Minister for Health and Children contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.
...
SCHEDULE
Adoption Act 2010 (No. 21 of 2010)
...
Editorial Notes:
E1
Certain court fees excluded for proceedings under collectively cited Adoption Acts 2010 to 2013 (30.10.2014) by Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014), art. 6(1)(c), in effect as per art. 1(2).
E2
Adoption Authority of Ireland excluded from definition of public bodies in Freedom of Information Act 2014 (30/2014) in so far as it relates to certain records (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1(a), commenced as per s. 1(2).
E3
Chief Executive Officer of Adoption Authority of Ireland prescribed as recipient of certain disclosures (23.07.2014) by Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014), art. 2 and sch. ref. no. 1.
E4
Previous affecting provision: certain court fees excluded for proceedings under collectively cited Adoption Acts 2010 and 2011 (3.02.2014) by Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014), art. 6(1)(c), in effect as per art. 1(2); revoked (30.10.2014) by Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014), art. 11, in effect as per art. 1(2).
E5
Previous affecting provision: certain court fees excluded for proceedings under collectively cited Adoption Acts 2010 and 2011 (3.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 5(1)(c), in effect as per art. 1(2); revoked (3.02.2014) by Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014), art. 11, in effect as per art. 1(2).
E6
Previous affecting provision: certain court fees excluded for proceedings under collectively cited Adoption Acts 2010 and 2011 (10.07.2013) by Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013), art. 6(1)(c), in effect as per art. 1(2); revoked (03.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 10, in effect as per art. 1(2).
E7
Previous affecting provision: certain court fees excluded for proceedings under collectively cited Adoption Acts 2010 and 2011 (10.04.2012) by Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012), art. 6(1)(c), in effect as per art. 1(2); revoked (10.07.2013) by Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013), art. 13, in effect as per art. 1(2).