11.— In this Part—

“accredited body” includes the F14[Child and Family Agency];

“father”, in relation to a child, includes a person who believes himself to be the father of the child.

F15[12.— The Authority may authorise a member or employee of the Authority or of the Child and Family Agency to—

(a) visit the homes of the child, the guardians of the child, the applicants for an adoption order or the recognition of an intercountry adoption effected outside the State and the person having custody of the child for the purposes of an adoption, and

(b) make enquiries on behalf of the Authority.]

13.— An accredited body shall not place a child for adoption unless—

(a) the child has attained the age of 6 weeks,

(b) it does so only for adoption purposes under this Act, and

(c) it does so in accordance with this Act and the Hague Convention, in particular with Article 17 (which relates to when the state of origin may entrust a child to prospective adopters).

14.— Where the mother or guardian of a child proposes to place the child with an accredited body for adoption, the accredited body, before accepting the child, shall—

(a) furnish the mother or guardian with a statement in writing explaining—

(i) that a placement for adoption is the beginning of the adoption process,

(ii) the effect of a placement for adoption upon the rights of a mother or guardian,

(iii) the effect of an adoption order upon the rights of a mother or guardian, and

(iv) the requirements specified in sections 26 to 28 in respect of the consents necessary under this Act in relation to an adoption order,

(b) ensure that the mother or guardian understands the statement and signs a document to that effect, and

(c) provide information, advice and counselling to the mother or guardian concerned.

15.— (1) Where a child has been placed with an accredited body for adoption, the accredited body, in accordance with such regulations as the Minister may make respecting arrangements—

(a) for the care of children, and

(b) for securing generally their welfare,

may arrange for appropriate care for the child, subject to the accredited body’s control and supervision, pending the placement of the child for adoption.

(2) Section 23P of the Child Care Act 1991 does not apply to—

(a) the making of an arrangement by an accredited body under subsection (1), or

(b) a person undertaking the care of a child under the arrangement.

16.— F16[(1) A relevant non-guardian of a child, by notice to the Authority, may advise the Authority of his or her wish to be consulted in relation to—

(a) a proposal by an accredited body to place the child for adoption, or

(b) an application by the mother, step parent or relative of the child for an adoption order in respect of the child.]

(2) A notice under subsection (1) shall be in writing, be in such form and contain such information as is specified by the Authority and may be given to the Authority before the birth of the child concerned.

F17[17.— (1) Where an accredited body proposes to place a child for adoption—

(a) the accredited body shall request the Authority in writing and in a form and manner approved by the Authority to provide the body with a copy of any notice received by the Authority under section 16(1) from a relevant non-guardian of that child, and

(b) the Authority shall—

(i) as soon as practicable, provide the notice (if any) to the accredited body, or

(ii) where at the time of the request under paragraph (a), it has not received any notice, so inform the accredited body and afterwards, if the Authority so receives a notice under section 16(1), provide the notice forthwith to the accredited body.

(2) Subject to this section and section 18, where an accredited body proposes to place a child for adoption, the accredited body shall, before placing the child for adoption, take such steps as are reasonably practicable, to consult any relevant non-guardian for the purposes of—

(a) informing him or her of the proposed adoption,

(b) explaining to him or her the legal implications of, and the procedures related to, adoption, and

(c) ascertaining whether or not he or she objects to the proposed adoption.

(3) Where—

(a) each relevant non-guardian of a child indicates to the accredited body that he or she has no objection to the proposed placement of the child concerned for adoption, the accredited body may at any time thereafter, place the child for adoption, or

(b) any relevant non-guardian objects to the proposed placement of the child for adoption, the accredited body shall—

(i) notify in writing in the prescribed manner each of the parents, guardians and relevant non-guardians of the child, informing them that it is deferring the placement for such period (in this section referred to as the “deferral period”) as is specified in the notice, being a period of not less than 21 days, commencing on the date of the notice, for the purpose of affording the relevant non-guardian an opportunity to make an application to court under the Act of 1964, and

(ii) defer the placement in accordance with the notification.

(4) Where an accredited body receives a notice that an application to court referred to in subsection (3) (b) (i) has been made in relation to a child, the accredited body shall not place the child for adoption until the proceedings are concluded.

(5) Where an accredited body has not received—

(a) a notice referred to in subsection (4) within the deferral period, and

(b) any indication from a relevant non-guardian under paragraph (a) or (b) of subsection (3) within 21 days of informing the person of the proposed placement of the child, as to whether or not he or she has any objection to the proposed placement,

the accredited body may, at any time thereafter, place the child for adoption unless it receives a notice under subsection (4).

(6) A person who is a party to an application referred to in subsection (3) (b) (i) may apply to court for, and the court, where it is in the best interests of the child, may grant, such order as it considers appropriate to expedite the proceedings, which order may include, but shall not be limited to an order—

(a) for substituted service, or

(b) abridging the time fixed by rules of court for taking any step or doing any act in the proceedings.]

F18[18.— (1) If an accredited body is unable to consult a relevant non-guardian of a child for the purposes of section 17(2), the accredited body shall in a form and manner approved by the Authority, notify the Authority to that effect.

(2) The Authority may, if satisfied that the accredited body has taken such steps as are reasonably practicable to consult any relevant non-guardian, authorise the accredited body to place the child for adoption.

(3) At any time after being so authorised under subsection (2) the accredited body may place the child for adoption, but only if the accredited body has not been contacted by a relevant non-guardian indicating that he or she objects to the placement.

(4) Where upon application to it by an accredited body that proposes to place a child for adoption, the Authority is satisfied that, having regard to—

(a) the nature of the relationship between the relevant non-guardian and the person who proposes or persons who propose to place the child for adoption, or

(b) other than in a case where the relevant non-guardian of the child is a person referred to in paragraph (b), (c) or (d) of the definition of “relevant non-guardian”, the circumstances of the conception of the child,

it is inappropriate for the accredited body to contact the relevant non-guardian in respect of the placement of the child concerned—

(i) the Authority may, after obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and

(ii) the accredited body may, at any time after being so authorised, place the child for adoption.

(5) If the identity of the father, referred to in paragraph (a) of the definition of “relevant non-guardian” (in this section referred to as “that father”), is unknown to an accredited body and the mother or guardian will not disclose the identity of that father, the accredited body shall—

(a) counsel the mother or guardian concerned in order to attempt to obtain his or her or their, as the case may be, co-operation, advising such person or persons—

(i) that the adoption may be delayed,

(ii) the possibility of that father of the child contesting the adoption at some later date,

(iii) that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of that child, and

(iv) such other matters as the accredited body considers appropriate in the circumstances,

and

(b) where the mother or guardian concerned, after counselling, will not disclose the identity of that father, furnish the Authority with a written report of the counselling that the accredited body has so provided.

(6) Where the Authority receives a written report referred to in subsection (5)(b), and is satisfied that the accredited body—

(a) has taken such steps as are reasonably practicable to obtain the co-operation of the mother or guardian, and

(b) has no other practical way of ascertaining that father’s identity, then—

(i) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and

(ii) the accredited body may, at any time after being so authorised, if it has not ascertained the identity of that father, place the child for adoption.

(7) Where the mother or guardian of a child provides or provide, as the case may be, an accredited body with a statutory declaration stating that he or she or they, as the case may be, is or are unable to identify that father, then—

(a) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and

(b) the accredited body may, at any time thereafter, place the child for adoption, if the accredited body has not any other practical way of ascertaining that father’s identity.]

18A.—F20[…]]

F21[19.— (1) In any matter, application or proceedings under this Act which is, or are, before—

(a) the Authority, or

(b) any court,

the Authority or the court, as the case may be, shall regard the best interests of the child as the paramount consideration in the resolution of such matter, application or proceedings.

(2) In determining for the purposes of subsection (1) what is in the best interests of the child, the Authority or the court, as the case may be, shall have regard to all of the factors or circumstances that it considers relevant to the child who is the subject of the matter, application or proceedings concerned including—

(a) the child’s age and maturity,

(b) the physical, psychological and emotional needs of the child,

(c) the likely effect of adoption on the child,

(d) the child’s views on his or her proposed adoption,

(e) the child’s social, intellectual and educational needs,

(f) the child’s upbringing and care,

(g) the child’s relationship with his or her parent, guardian or relative, as the case may be, and

(h) any other particular circumstances pertaining to the child concerned.

(3) In so far as practicable, in relation to any matter, application or proceedings referred to in subsection (1), in respect of any child who is capable of forming his or her own views, the Authority or the court, as the case may be, shall ascertain those views and such views shall be given due weight having regard to the age and maturity of the child.

(4) Without prejudice to the generality of subsection (3), the Minister may make regulations prescribing the procedures by which the Authority or the court, as the case may be, shall determine how best to ascertain the views of the child, in so far as practicable, in any matter, application or proceedings, and, without prejudice to the generality of the foregoing, such regulations may—

(a) make provision for the procedures that are to apply to enable a child to present his or her views in person or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,

(b) make provision for the procedures that are to apply to enable a child to nominate an appropriate person to present the child’s views orally or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,

(c) prescribe as appropriate persons—

(i) a class or classes of persons who, in the opinion of the Minister having regard to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions, or

(ii) a class or classes of persons who, in the opinion of the Minister having considered the qualifications, training and expertise of such class or classes of persons by reference to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions,

(d) make provision for the procedures that are to apply in respect of any consultation by the Authority or the court, as the case may be, with a child or an appropriate person,

(e) make provision for the consultation by the Child and Family Agency with a child for the purpose of ascertaining his or her views and for the procedures relating thereto, including procedures relating to the preparation and submission of any written reports arising from such consultation to the Authority or the court, as the case may be,

(f) prescribe the standards to be applied by an appropriate person to the performance by the person of his or her functions under this section,

(g) prescribe the allowable expenses that may be charged by an appropriate person referred to in paragraph (c)(i) and the fees and allowable expenses that may be charged by an appropriate person referred to in paragraph (c)(ii),

(h) make provision for such other matters as the Minister considers necessary to ensure that appropriate persons are capable of performing their functions under this section.

(5) Regulations under this section may—

(a) make different provision in relation to—

(i) children of different ages and maturity, or

(ii) different classes of appropriate persons,

and

(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]

20.— (1) On the application of a person, or persons if they are F22[a married couple, a couple who are civil partners of each other or a cohabiting couple], desiring to adopt a child, the Authority may make an adoption order for the adoption of the child by the applicant or applicants, as the case may be.

(2) On the application of the adopters of a child adopted in an intercountry adoption effected outside the State, the Authority may recognise the intercountry adoption effected outside the State.

(3) Where the applicants are F22[a married couple, a couple who are civil partners of each other or a cohabiting couple]—

(a) the adoption order shall be for the adoption of the child by them jointly, or

(b) the recognition referred to in subsection (2) shall be for the recognition of the intercountry adoption effected outside the State of the child by them jointly.

(4) In making an adoption order, the Authority is required to take into account—

(a) the relevant assessment report prepared under section 37, and

(b) the relevant declaration of eligibility and suitability if one has been issued under section 40.

(5) In recognising an intercountry adoption effected outside the State, the Authority may take into account—

(a) the relevant instrument prepared by or on behalf of the Central Authority of that other state that is the equivalent of the assessment report referred to in subsection (4)(a), and

(b) the relevant instrument prepared by or on behalf of the Central Authority of that other state that is the equivalent of a declaration of eligibility and suitability.

(6) Where an application is made to the Authority under this section, the Authority, of its own motion or on the application of an interested person, may adjourn from time to time the making of a decision whether to make or refuse to make the adoption order or to recognise the intercountry adoption effected outside the State, as the case may be.

21.— (1) By notice delivered to the F23[Child and Family Agency] at any time after an application under section 20, the applicant or applicants may discontinue the proceedings that are the subject of that application, without liability for any costs of the proceedings.

F24[(2) The Child and Family Agency shall, as soon as practicable after receipt of notice under subsection (1), give notice of the discontinuance to—

(a) the Authority,

(b) any adoption committee concerned,

(c) the mother and any other guardians of the child, and

(d) each relevant non-guardian of the child.]

22.— The F25[Child and Family Agency], at its discretion, may contribute towards the expenses incurred by any person in connection with an application under section 20 in relation to a child towards whose support that body is entitled to contribute.

F26[23.— (1) The Authority shall not make an adoption order in respect of a child unless—

(a) the child—

(i) resides in the State, and

(ii) is, at the date of the making of the adoption order, less than 18 years of age,

and

(b) the child has—

(i) in a case where the applicant is a step parent of the child, a home with the child’s parent and that step parent, for a continuous period of not less than 2 years at the date of the application for the adoption order, or

(ii) in any other case, been in the care of the applicants for the prescribed period (if any).

(2) The Authority, having regard to the particular circumstances of the case, may make an adoption order in respect of a child notwithstanding that the child has not—

(a) in a case where the applicant is a step parent of the child, a home with the child’s parent and that step parent, for a continuous period of not less than 2 years at the date of the application for the adoption order, or

(b) in any other case, been in the care of the applicants for the prescribed period under subsection (1)(b)(ii).]

24.— F27[…]

25.— The Authority, of its own motion or on the application of an interested person, may amend an adoption order by correcting any error in the particulars contained in it.

26.— (1) The Authority shall not make an adoption order without the consent of every person, being the child’s mother or guardian or other person having charge of or control over the child, unless the Authority dispenses with the consent—

(a) with the sanction of the High Court if the person whose consent is necessary is a ward of court,

(b) in accordance with an authorisation of the High Court by order under this section, if—

(i) the person whose consent is necessary is not a ward of court, and

(ii) the High Court is satisfied that the person is incapable by reason of mental infirmity of giving consent or cannot be found,

(c) in accordance with an authorisation of the High Court by order under section 31 in a case to which that section applies, or

(d) in accordance with an authorisation of the High Court by order under section 54 in a case to which that section applies.

(2) A person may give consent to the making of an adoption order without knowing the identity of the applicant for the order.

(3) A consent shall be given in writing in the prescribed form.

(4) A consent may be withdrawn at any time before the making of an adoption order.

27.— (1) A person whose consent to the making of an adoption order is necessary—

(a) shall be informed before he or she gives the consent or as soon as may be after giving it—

(i) that the consent may be withdrawn at any time before the making of the order,

(ii) that he or she is entitled to be heard on the application for the order, and

(iii) of the discretion of the High Court under subsection (3) of section 31, despite a subsequent withdrawal of the consent, to authorise the Authority to dispense with the consent in accordance with that section,

and

(b) shall be asked, on or after giving the consent, to state in writing whether he or she wishes—

(i) to be informed of the date on which the Authority, if the person wishes to be heard, will hear the person or his or her counsel or solicitor on the application for the order, or

(ii) otherwise to be consulted again in relation to the application for the order.

(2) If a person whose consent to the making of an adoption order is necessary states that he or she does not wish to be—

(a) informed as set out in subsection (1)(b)(i), or

(b) otherwise to be consulted again as set out in subsection (1)(b)(ii),

it is not necessary so to inform or consult him or her.

(3) If the person does not so state, he or she shall be both informed and consulted in accordance with subparagraphs (i) and (ii) of subsection (1)(b), unless he or she cannot be found, in which case the Authority is required to deal with the application as if the person had not given the consent.

28.— (1) A consent to the making of an adoption order is not valid unless given—

(a) after the child concerned has attained the age of 6 weeks, and

(b) not earlier than 3 months before the application for adoption.

(2) The Authority shall satisfy itself that every person whose consent to the making of an adoption order is necessary and has not been dispensed with—

(a) has given the consent, and

(b) understands the nature and effect of the consent and of the adoption order.

29.— (1) For the purposes of sections 27 and 28, the Authority may request and authorise any person either in or outside the State whom the Authority considers suitable for the purpose to—

(a) make enquiries on its behalf, and

(b) report to it the results of the enquiries.

(2) The Authority is entitled, if it accepts the report as satisfactory, to regard that acceptance—

(a) as sufficiently demonstrating the Authority’s compliance with section 27 as to the subject matter of the enquiries, and

(b) as compliance by the Authority with section 28 (2).

F28[30.— (1) In this section “father”, in relation to a child, includes a person who believes himself to be the father of the child.

(2) Subject to this section, on the receipt of an application for an adoption order, the Authority shall take such steps as are reasonably practicable to ensure that every relevant non-guardian of the child is consulted in relation to the adoption.

(3) Where the Authority is satisfied that, having regard to—

(a) the nature of the relationship between the relevant non-guardian of a child and the mother or guardian of the child, or

(b) other than in a case where the relevant non-guardian of the child is a person referred to in paragraph (b), (c) or (d) of the definition of “relevant non-guardian”, the circumstances of the conception of the child,

it would be inappropriate for the Authority to consult the relevant non- guardian in respect of the adoption of that child, the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting the relevant non-guardian concerned.

(4) If the identity of the father referred to in paragraph (a) of the definition of “relevant non-guardian” (in this section referred to as “that father”), is unknown to the Authority and the mother or guardian of the child will not or is unable to disclose the identity of that father, the Authority shall counsel the mother or guardian of the child, indicating—

(a) that the adoption may be delayed,

(b) the possibility of that father of the child contesting the adoption at some later date,

(c) that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of the child, and

(d) such other matters as the Authority considers appropriate in the circumstances.

(5) After counselling the mother or guardian of the child under subsection (4), the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting that father if—

(a) the mother or guardian of the child either refuses to reveal the identity of that father of the child, or provides the Authority with a statutory declaration that he or she is unable to identify that father, and

(b) the Authority has no other practical means of ascertaining the identity of that father.

(6) The Child and Family Agency or an accredited body, at the Authority’s request, shall assist in carrying out the Authority’s functions under this section.

(7) An application for approval under this section shall be heard in private.]

F29[31. (1) In this section “applicants” means the person or persons referred to in subsection (2)(a).

(2) Where—

(a) a person has or persons have applied for an adoption order, and

(b) a person whose consent to the making of the adoption order is necessary under section 26, and who has agreed to the placing of the child concerned for adoption either—

(i) fails, neglects or refuses to give his or her consent to the adoption, or

(ii) having previously consented to the adoption, withdraws his or her consent,

the applicants for the adoption order may apply to the High Court for an order under subsection (3).

(3) Subject to subsections (4) and (5), the High Court may make an order—

(a) giving custody of the child to the applicants for a specified period, and

(b) authorising the Authority to dispense with the consent of any person whose consent to the making of the adoption order is necessary under section 26 to the adoption of the child by the applicants, with the adoption to be effected by an adoption order made during that specified period of custody.

(4) In considering any application under subsection (2), the High Court shall—

(a) have regard to the following:

(i) the relationship between the applicants and the child who is the subject of the application;

(ii) the relationship between the child and his or her mother or guardian, as the case may be, and the efforts made by any of those persons to develop or maintain a relationship with the child;

(iii) the proposed arrangements of the applicants and the mother or guardian or other person whose consent to the making of the adoption order is necessary under section 26, as the case may be, for the future care of the child;

(iv) the rights, whether under the Constitution or otherwise, of the persons concerned (including the natural and imprescriptible rights of the child);

(v) any other matter which the Court considers relevant to the application,

and

(b) in so far as is practicable, in a case where the child concerned is capable of forming his or her own views, give due weight to the views of that child, having regard to the age and maturity of the child,

and, in the resolution of any such application, the best interests of the child shall be the paramount consideration.

(5) If a person whose consent is necessary under section 26 is a ward of court, his or her consent shall not be dispensed with, pursuant to an order under this section, except with the sanction of the court which granted the order for wardship.

(6) Proceedings under this section shall be heard in private.]

F30[32. Notwithstanding section 20, in a case where—

(a) the applicant or applicants, as the case may be,

(b) the child, and

(c) every person whose consent to the making of an adoption order is necessary under section 26,

are not all of the same religion (if of any religion), the Authority shall not make an adoption order unless every person whose consent to the making of an adoption order is necessary under section 26 knows, when so consenting, the religion (if any) of the applicant or each of the applicants, as the case may be.]

33.— (1) (a) The Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, unless—

(i) the applicants are a married couple who are living together,

F31[(ia) the applicants are civil partners of each other who are living together,

(ib) the applicants are a cohabiting couple,]

F32[(ii) the applicant is a parent, step parent or relative of the child, or]

(iii) the applicant, notwithstanding that he or she does not fall within subparagraph (ii), satisfies the Authority that, in the particular circumstances, the adoption is desirable and in the best interests of the child.

(b) Notwithstanding paragraph (a), the Authority may recognise an intercountry adoption effected outside the State on the application of a person referred to in paragraph (a) or (c) of section 90(3).

(2) Except as provided in subsection (1)(a), the Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, for the adoption of a child by more than one person.

(3) Where an applicant for an adoption order is married, or an applicant, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3), for the recognition of an intercountry adoption effected outside the State is married, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of the applicant’s spouse, given in the manner determined by the Authority, unless—

(a) the couple are living apart under—

(i) a decree of judicial separation under section 3 of the Judicial Separation and Family Law Reform Act 1989,

(ii) a decree or order to like effect that was granted under the law of another jurisdiction and that is recognised in the State, or

(iii) a deed of separation,

(b) the spouse has deserted the applicant, or

(c) conduct on the part of the spouse results in the applicant, with just cause, separating from the spouse and living apart from him or her.

F33[(3A) Where an applicant—

(a) for an adoption order, or

(b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3),

is a civil partner of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that applicant’s civil partner, given in the manner determined by the Authority unless—

(i) the applicant and the applicant’s civil partner are living apart under a separation agreement,

(ii) the civil partner has deserted the applicant, or

(iii) conduct on the part of the civil partner results in the applicant, with just cause, leaving the civil partner and living separately and apart from him or her.

(3B) Where an applicant—

(a) for an adoption order, or

(b) for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3),

is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority.]

(4) The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c) of section 90(3), recognise an intercountry adoption effected outside the State, unless—

(a) the applicant and, if the applicants are F34[a married couple, a couple who are civil partners of each other or a cohabiting couple], each of them has attained the age of 21 years, or

(b) the applicants are F35[a married couple, a couple who are civil partners of each other or a cohabiting couple] and one of them is F35[a parent] or a relative of the child and either of them has attained the age of 21 years.

(5) Subject to subsection (6) and section 81, the Authority shall not make an adoption order unless the applicant or, if the applicants are F36[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them, is habitually resident in the State.

(6) Subsection (5) does not prevent the Authority, for the purpose of an intercountry adoption effected in the State, from making an adoption order in favour of an applicant who, or, if the applicants are F37[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of whom, is habitually resident in—

(a) another contracting state,

(b) a state that has a bilateral agreement with the State, or

(c) a state that has an arrangement referred to in section 81 with the State.

(7) The Authority shall issue policy guidelines respecting the circumstances in which an adoption order in favour of an applicant referred to in subsection (1)(a)(iii) may be made.

34.— The Authority shall not make an adoption order or, except where the applicant is a person referred to in paragraph (a) or (c) of section 90(3), recognise an intercountry adoption, unless the Authority is satisfied that the applicant or, if the applicants are F38[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them—

(a) is a suitable person to have parental rights and duties in respect of the child, and

(b) without prejudice to the generality of paragraph (a), is of good moral character, in good health and of an age so that he or she has a reasonable expectation of being capable throughout the child’s childhood of—

(i) fulfilling his or her parental duties in respect of the child,

(ii) promoting and supporting the child’s development and well-being,

(iii) safeguarding and supporting the child’s welfare,

(iv) providing the necessary health, social, educational and other interventions for the child, and

(v) valuing and supporting the child’s needs in relation to his or her—

(I) identity, and

(II) ethnic, religious and cultural background,

(c) has adequate financial means to support the child, and

(d) has been provided with appropriate information, advice and counselling concerning adoption.

35.— In sections 36 to 39, “applicants” means persons who apply to the F39[Child and Family Agency] under section 37(1), and, if there is only one applicant, means that applicant.

36.— (1) The F40[Child and Family Agency] shall establish one or more adoption committees.

(2) The functions of an adoption committee are—

(a) to advise and assist the Authority in the performance of its functions under this Act and section 6 of the Child Care Act 1991, and

(b) to make recommendations to the Authority under section 39 concerning the issuance to applicants of declarations of eligibility and suitability.

(3) The membership of an adoption committee may include persons who are not employees of the F40[Child and Family Agency] but have special knowledge and experience related to the purposes of the committee.

(4) The F40[Child and Family Agency] may make payments to a member of an adoption committee in respect of travelling and subsistence expenses incurred by the member in relation to the business of the committee.

(5) Payments made under this section shall be in accordance with a scale determined by the Minister with the consent of the Minister for Finance.

37.— (1) F42[A person habitually resident in the State, a step parent, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple], each of whom is habitually resident in the State, may apply to the F41[Child and Family Agency] for—

(a) an assessment of eligibility and suitability in relation to himself, herself or themselves, and

(b) the issuance by the Authority of a declaration of eligibility and suitability in accordance with that assessment.

(2) An application under subsection (1) shall—

(a) be made in writing addressed to an office of the F41[Child and Family Agency],

(b) be made in conjunction with a separate application under this Act by the applicants for an adoption order or the recognition of an intercountry adoption including in the circumstances discussed in section 81, and

(c) specify which state is the habitual residence of the child the applicants propose to adopt under their separate application referred to in paragraph (b).

(3) As soon as practicable after the F41[Child and Family Agency] receives an application under subsection (1), the F41[Child and Family Agency] shall take the following steps concerning the adoption proposed under the separate application referred to in subsection (2)(b) or arrange for the steps to be taken by an accredited body:

(a) providing information, advice and counselling to the applicants;

(b) carrying out an assessment of eligibility and suitability in relation to the applicants;

(c) preparing an assessment report that conforms to paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states) and that includes—

(i) the information described in Article 15, and

(ii) a finding as to the eligibility and suitability of the applicants.

(4) As soon as practicable after preparing the assessment report referred to in subsection (3)(c), the F41[Child and Family Agency] shall refer the report to an adoption committee for the latter’s recommendation to the Authority under section 39(1).

F43[(5) A person may make an application for an adoption order in respect of a child where, at the date of the application—

(a) the person is—

(i) a spouse of a parent of the child,

(ii) a civil partner of a parent of the child, or

(iii) a cohabitant in a cohabiting couple where the other cohabitant is a parent of the child,

and

(b) the child, in respect of whom the adoption order is sought, has a home with the child’s parent and that person (in this Act referred to as a “step parent”), for a continuous period of not less than 2 years.

(6) The Authority, having regard to the particular circumstances of the case may accept an application for an adoption order in respect of a child notwithstanding that the child has not a home with the child’s parent and that step parent, for a continuous period of not less than 2 years at the date of the application.]

38.— (1) By notice delivered to the F44[Child and Family Agency] at any time after an application under section 37(1), the applicants may discontinue the proceedings that are the subject of that application, without liability for any costs of the proceedings.

F45[(2) The Child and Family Agency shall, as soon as practicable after receipt of notice under subsection (1), give notice of the discontinuance to—

(a) the Authority,

(b) any adoption committee concerned,

(c) the mother and any other guardian of the child, and

(d) each relevant non-guardian of the child.]

39.— (1) As soon as practicable after the receipt of the assessment report referred to it under section 37(4), the adoption committee shall—

(a) consider the report, and

(b) recommend to the Authority, in writing, whether or not, under section 40, the Authority should issue a declaration of eligibility and suitability in favour of the applicants.

(2) A recommendation under subsection (1) shall contain the committee’s reasons for it.

(3) The committee shall deliver a copy of the recommendation and of the assessment report to the Authority, the F46[Child and Family Agency] and the applicants.

40.— (1) The Authority may issue a declaration of eligibility and suitability in favour of F47[a person, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple] who have applied under this Act to the Authority for, as may be appropriate, an adoption order, or the recognition of an intercountry adoption, in relation to a child habitually resident—

(a) in the State (a domestic adoption),

(b) in another contracting state (an intercountry adoption),

(c) in a state that has a bilateral agreement with the State (an intercountry adoption), or

(d) in the circumstances described in section 81 (an adoption in an exceptional case), in a non-contracting state that is not a party to a bilateral agreement.

(2) A declaration of eligibility and suitability may be issued only if, having considered both the assessment report prepared under section 37 and the adoption committee’s recommendation under section 39, the Authority is satisfied—

(a) that the applicant or, in the case of applicants who are F47[a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them comes within the classes of persons in whose favour an adoption order may, by virtue of section 33, be made or an intercountry adoption may, by virtue of that section, be recognised, and

(b) as to the matters specified in section 34 in relation to the applicant or, in the case of applicants who are a married couple living together, each of them.

(3) When issuing a declaration of eligibility and suitability, the Authority may include in it a statement relating to the age or state of health of a child whom the Authority considers that the applicant or applicants are suited to parent.

(4) If the Authority is not satisfied as to the matters referred to in subsection (2), it may refuse to issue a declaration of eligibility and suitability in favour of F47[the person, married couple, civil partners or cohabiting couple] referred to in subsection (1), having first given him, her or them an opportunity to be heard.

(5) A declaration of eligibility and suitability is not to be issued or refused if the Authority has received an applicable notice of discontinuance under section 21 or 38.

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 F48[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 F48[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 F48[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.

42.— A document purporting to be—

(a) a copy of or extract from a declaration of eligibility and suitability, and

(b) certified by an officer of the Authority to be a true copy of or extract from the declaration,

shall—

(i) be received in evidence in any legal proceedings, and

(ii) until the contrary is proved, be deemed to be a true copy of or extract from the declaration and to be evidence of such declaration,

without proof of the signature of the officer of the Authority.

64.— The Authority is the competent authority in the State for the purposes of the Hague Convention.

65.— Without prejudice to the generality of section 64, the Authority is the competent authority for the purpose of certifying—

(a) under Article 23 (which relates to the recognition of an adoption certified by the competent authority of the state of adoption), adoptions effected in the State in accordance with the Hague Convention, and

(b) under Article 27 (which relates to conversion of adoptions in the state of origin into adoptions terminating pre-existing legal parent-child relationships), the conversion of adoptions recognised in the State.

66.— (1) The Authority is designated as the Central Authority to perform in the State the functions conferred on the Central Authority under this Act or by virtue of the Hague Convention.

(2) Subject to subsection (3) and Article 22 (which relates to the performance of Central Authority functions by public authorities), the Authority may delegate in writing one or more of its functions as the Central Authority to the F76[Child and Family Agency] or such accredited bodies as the Authority may specify.

(3) The following functions may not be delegated by the Authority:

(a) as the Central Authority of the receiving state—

(i) issuing, in accordance with paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states), a declaration of eligibility and suitability as part of the report referred to in that Article, and

(ii) arranging the return of a child under paragraph (1)(c) of Article 21 (which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State), if the child’s interests so require;

(b) as the Central Authority of the state of origin—

(i) transmitting to the Central Authority of the receiving state the report referred to in Article 16 (which relates to reports by the Central Authorities of states of origin), proof that the necessary consents have been obtained and the reasons for the Authority’s determination concerning the placement, and

(ii) deciding, in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents), whether the child should be entrusted to prospective adopters.

67.— (1) For the purposes of the application of the Hague Convention in the State, subsections (2) to (5) have effect.

(2) For the purpose of Article 14 (which relates to making applications for adoption to the Central Authority), an application to adopt a child habitually resident in another contracting state is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf of those persons by the F77[Child and Family Agency] together with—

(a) the assessment report prepared under section 37, and

(b) the recommendation made under section 39,

in relation to those persons.

(3) For the purpose of Article 17 (which provides for limits on the state of origin entrusting a child to prospective adoptive parents), the approval of the Authority is required before any decision is made in the state of origin that the child should be entrusted to prospective adopters.

(4) For the purpose of determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied as to compliance with Article 5 (which relates to when a Convention adoption may take place) and Article 17.

(5) Without prejudice to the functions of the F77[Child and Family Agency] under any other enactment, the F77[Child and Family Agency] shall perform on behalf of the Authority the latter’s functions as the Central Authority—

(a) in keeping the other Central Authorities informed as set out in Article 20 (which requires Central Authorities to keep each other informed), and

(b) in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph (1) of Article 21 (which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving State).

68.— (1) Subject to subsection (2), the Authority may make an adoption order in relation to a child who—

(a) was transferred to the State from the child’s state of origin, in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents), and

(b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.

(2) The Authority may make an adoption order under subsection (1) only on the application of the prospective adopters with whom the child was placed and only—

(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and

(b) F78[where the consent of a person is necessary] and has not been given, if the High Court has made an order—

(i) under section 31(3)(b) authorising the Authority to dispense with consent as described in that provision, or

(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.

69.— (1) Subject to subsection (2), the Authority may make an adoption order for the purpose of the conversion, in accordance with Article 27 (which relates to conversion of adoptions in the state of origin to adoptions terminating pre-existing legal parent-child relationships), of a Convention adoption that does not have the effect of terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who—

(a) was transferred to the State from the child’s state of origin, in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents), and

(b) was placed, in accordance with the Hague Convention and this Act, with prospective adopters habitually resident in the State.

(2) The Authority may make an adoption order under subsection (1) only on the application of the adopters of the child and only—

(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and

(b) F79[where the consent of a person is necessary] and has not been given, if the High Court has made an order—

(i) under section 31(3)(b) authorising the Authority to dispense with consent as described in that provision, or

(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.

70.— A child may be transferred from the State to another contracting state for the purpose of adoption in that state in accordance with the Hague Convention, but such a transfer may take place only—

(a) if the following are satisfied:

(i) Article 4 (which relates to when an adoption may take place);

(ii) Article 5 (which relates further to when an adoption may take place);

(iii) Article 15 (which relates to reports by the Central Authorities of receiving states);

(iv) Article 16 (which relates to reports by the Central Authorities of states of origin);

(v) Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents);

(vi) Article 18 (which relates to Central Authorities obtaining permissions for a child to leave his or her state of origin),

(b) in accordance with Article 17 (which relates to when the state of origin may entrust a child to prospective adoptive parents)—

(i) the Authority decides that the child should be entrusted to the prospective adopters, and

(ii) the Central Authority of the receiving state approves that decision, and

(c) if the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.

71.— (1) The Authority, with the prior consent of the Minister, may enter into discussions with any contracting state concerning—

(a) the possibility of the State entering into an agreement under paragraph (2) of Article 39 (which makes provision for international instruments on matters governed by the Hague Convention) with that contracting state, and

(b) the terms and conditions of the agreement.

(2) If the State, before or after the commencement of this section, has entered into an agreement under paragraph (2) of Article 39 with a contracting state, with a view to improving the application of the Convention in their mutual relations, the Minister shall cause the agreement to be laid before each House of the Oireachtas.

(3) If an agreement referred to in subsection (2) is amended, the Minister shall cause the amended agreement to be laid before each House of the Oireachtas.

(4) The agreement, and any amended agreement, has the force of law from the date on which it is entered into and for so long as it is in effect.

(5) Judicial notice shall be taken of an agreement, or an amended agreement, under paragraph (2) of Article 39 (which makes provision for international instruments on matters governed by the Hague Convention).

72.— (1) The Authority may enter into administrative arrangements with any contracting state concerning the processing of applications—

(a) made to the Authority by persons habitually resident in the State for the adoption of a child habitually resident in the contracting state, or

(b) made to the Central Authority of a contracting state by persons habitually resident in the contracting state for the adoption of a child habitually resident in the State.

(2) The Authority may terminate any administrative arrangement entered into under this section.

73.— (1) The Authority, with the prior consent of the Minister and having regard for the principles of the Hague Convention, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that state.

(2) If the Government, before or after the commencement of this section, has entered into a bilateral agreement with a non-contracting state concerning intercountry adoption, the Minister shall cause the agreement to be laid before each House of the Oireachtas.

(3) If a bilateral agreement referred to in subsection (2) is amended, the Minister shall cause the amended agreement to be laid before each House of the Oireachtas.

(4) Judicial notice shall be taken of a bilateral agreement, or an amended bilateral agreement, from the date on which it is laid before the Houses.

74.— (1) The Authority may enter into an administrative arrangement with another state that is a party to a bilateral agreement if that arrangement concerns the processing of applications—

(a) made to the Authority by persons habitually resident in the State for the adoption of a child habitually resident in that other state, or

(b) made to the Central Authority of the other state by persons habitually resident in that other state for the adoption of a child habitually resident in the State.

(2) The Authority may terminate any administrative arrangement entered into under this section.

75.— (1) The Authority is designated as the Central Authority to perform in the State the functions conferred on the Central Authority by this Chapter or under a bilateral agreement.

(2) Subject to subsection (3) and any restrictions in the bilateral agreement, the Authority may delegate in writing to the F80[Child and Family Agency], or to such accredited bodies as the Authority may specify, one or more of its functions as the Central Authority under a bilateral agreement.

(3) The following functions may not be delegated by the Authority:

(a) as the Central Authority of the receiving state—

(i) issuing, in the circumstances described in paragraph (1) of Article 15 (which relates to reports by Central Authorities of receiving states), a declaration of eligibility and suitability,

(ii) arranging a new placement of, or alternative long-term care for, a child if the child is withdrawn from placement with his or her prospective adopters in accordance with the bilateral agreement, and

(iii) arranging the return of a child to his or her state of origin, if the child’s interests so require;

(b) as the Central Authority of the state of origin and in accordance with a bilateral agreement—

(i) ensuring that necessary consents have been obtained,

(ii) determining whether the envisaged placement is in the best interests of the child concerned,

(iii) transmitting to the Central Authority of the receiving state the report on the child, proof that the necessary consents have been obtained and the reasons for the Authority’s determination as to whether the envisaged placement is in the child’s best interests, and

(iv) deciding whether the child should be entrusted to prospective adopters.

76.— (1) Without prejudice to the generality of section 64, the Authority is the competent authority for the purpose of certifying—

(a) adoptions effected in the State in accordance with a bilateral agreement, and

(b) the conversion of adoptions that were effected in another state that is a party to a bilateral agreement and that are recognised in the State.

(2) A certificate of the Authority that an adoption was effected in accordance with a bilateral agreement shall specify when the Authority and the Central Authority of the other state agreed to the adoption proceeding.

77.— (1) This section has effect for the purposes of the application of a bilateral agreement in the State.

(2) For the purposes of a bilateral agreement, an application to adopt a child habitually resident in another state (that is a party to the agreement) is made to the Authority (by persons habitually resident in the State) when the application is forwarded to the Authority on behalf of those persons by the F81[Child and Family Agency], together with—

(a) the assessment report prepared under section 37, and

(b) the recommendation made under section 39,

in relation to those persons.

(3) The approval of the Authority is required before any decision is made in the state of origin that the child should be entrusted to prospective adopters.

(4) For the purpose of determining if a child is or will be authorised to enter and reside permanently in the State, the Authority shall be satisfied that—

(a) the prospective adopters are eligible and suited to adopt,

(b) the prospective adopters have been counselled as may be necessary, and

(c) the child is or will be authorised under the law to enter and reside permanently in the State.

(5) Without prejudice to the functions of the F81[Child and Family Agency] under any other enactment, the F81[Child and Family Agency] shall perform on behalf of the Authority the latter’s functions as the Central Authority—

(a) in keeping the other Central Authorities informed as set out in Article 20 (which relates to Central Authorities keeping each other informed), and

(b) in relation to protecting children after their transfer to the State as the receiving state as set out in paragraph (1) of Article 21 (which relates to measures by the Central Authority for child protection after a child’s transfer to the receiving state).

78.— (1) Subject to subsection (2), the Authority may make an adoption order in relation to a child who—

(a) was transferred to the State from the child’s state of origin in accordance with a bilateral agreement, and

(b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.

(2) The Authority may make an adoption order under subsection (1) only on the application of the prospective adopters with whom the child was placed and only—

(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and

(b) F82[where the consent of a person is necessary] and has not been given, if the High Court has made an order—

(i) under section 31 (3) (b) authorising the Authority to dispense with consent as described in that provision, or

(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.

(3) For the purpose of this section, Article 4 (which relates to when an adoption may take place) is applicable in respect of a bilateral agreement.

79.— (1) Subject to subsection (2), the Authority may make an adoption order for the purpose of the conversion, in accordance with Article 27 (which relates to conversion of adoptions in state of origin to adoptions terminating pre-existing legal parent-child relationships), of a bilateral agreement adoption that does not have the effect of terminating a pre-existing legal parent-child relationship, into an adoption having that effect, in relation to a child who—

(a) was transferred to the State from the child’s state of origin in accordance with a bilateral agreement, and

(b) was placed, in accordance with the bilateral agreement and this Act, with prospective adopters habitually resident in the State.

(2) The Authority may make an adoption order under subsection (1) only on the application of the adopters of the child and only—

(a) if satisfied that Article 4 (which relates to when an adoption may take place) and the relevant provisions of this Act have been met, and

(b) F83[where the consent of a person is necessary] and has not been given, if the High Court has made an order—

(i) under section 31 (3) (b) authorising the Authority to dispense with consent as described in that provision, or

(ii) under section 54 authorising the Authority to make an adoption order in relation to the child.

(3) For the purpose of this section, Article 17 (which relates to when state of origin may entrust a child to prospective adoptive parents) and Article 4 are applicable in respect of a bilateral agreement.

80.— A child may be transferred from the State to a non-contracting state for the purpose of adoption in that state in accordance with a bilateral agreement, but such a transfer may take place only in accordance with the agreement, and, in particular, if—

(a) the requirements of the agreement as to consents to the adoption have been satisfied,

(b) the Central Authority of the receiving state has—

(i) determined that the prospective adopters are eligible and suited to adopt,

(ii) ensured that the prospective adopters have been counselled as may be necessary, and

(iii) determined that the child is or will be authorised to enter and reside permanently in the receiving state,

(c) the Authority has decided, in accordance with the agreement, that the child should be entrusted to the prospective adopters,

(d) the Central Authority of the receiving state has approved that decision, and

(e) the transfer takes place in secure and appropriate circumstances and in the company of the adopters or prospective adopters.

81.— (1) The Authority may enter into an arrangement with a non-contracting state that is not a party to a bilateral agreement if—

(a) the arrangement relates to the adoption of a specific child by prospective adopters habitually resident either in the State or in the non-contracting state,

(b) a declaration of eligibility and suitability in the State, or an equivalent instrument in the non-contracting state, has been issued for the prospective adopters,

(c) the prospective adopters are relatives of the child, and

(d) the Authority is satisfied that the standards that are being or will be applied to the adoption accord with those of the Hague Convention.

(2) An arrangement made under subsection (1) may not be used by the Authority for the purpose of—

(a) an adoption under an adoption order, or

(b) the recognition of an intercountry adoption effected outside the State,

other than the adoption or the recognition of the adoption of the specific child to whom the arrangement relates.

82.— (1) Where a child enters the State for the first time after his or her adoption by adopters habitually resident in the State, they shall notify the F84[Child and Family Agency] and the Authority of the child’s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.

(2) Where a child enters the State for the purpose of being adopted in the State by prospective adopters who are habitually resident in the State, they shall notify the F84[Child and Family Agency] and the Authority of the child’s entry as soon as practicable and, in any event, not later than 3 months after the date of entry.

83.— The Authority shall send to an tArd-Chláraitheoir the particulars necessary to enable him or her to comply with this Part.

84.— (1) The Adopted Children Register maintained by an tArd-Chláraitheoir in accordance with section 22 of the Adoption Act 1952 shall, notwithstanding the repeal of that section by section 7 (1)—

(a) continue in being, and

(b) be kept and maintained by an tArd-Chláraitheoir in accordance with this Chapter.

(2) An entry shall be made in the Adopted Children Register with respect to each adopted child who is the subject of an adoption order made by the Authority.

(3) Each entry shall contain the F85[particulars, appropriate to the adoption concerned,] specified in Schedule 3.

(4) If the date of the adopted child’s birth is unknown—

(a) the Authority shall determine the probable date of birth, and

(b) that date shall be entered in the Adopted Children Register as the adopted child’s date of birth.

(5) If the Authority subsequently ascertains the actual date of the child’s birth—

(a) the determination referred to in subsection (4) shall be cancelled, and

(b) both the adoption order in respect of the child and the entry in the Adopted Children Register made under subsection (4) shall be correspondingly amended to show that actual date.

(6) The country of birth of the child shall be entered in the Adopted Children Register if the Authority, being satisfied thereof, so directs.

(7) If an adoption order is amended, the entry relating to the adoption shall be amended accordingly.

(8) If an adoption order is set aside, the entry relating to the adoption shall be cancelled.

(9) If directed to do so by the Authority, an tArd-Chláraitheoir shall correct an error in any entry in the Adopted Children Register.

(10) Evidence of an entry in the Adopted Children Register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chláraitheoir or a person authorised in that behalf by an tArd-Chláraitheoir.

85.— (1) An tArd-Chláraitheoir shall keep at his or her office an index to the Adopted Children Register.

(2) Subject to subsection (4), a person, following an application in writing, in a form standing approved by an tArd-Chláraitheoir, in that behalf to an tArd-Chláraitheoir and—

(a) on payment to him or her of the prescribed fee, may, subject to such conditions (if any) as may stand determined by an tArd-Chláraitheoir, search the index to the Adopted Children Register,

(b) on payment to him or her of the prescribed fee, shall be given by him or her—

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry specified by the person in the Adopted Children Register.

(3) Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person to him or her in that behalf in writing and—

(a) on payment to him or her of the prescribed fee, search the Adopted Children Register and the index to that Register, or

(b) on payment to him or her of the prescribed fee, give the person—

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry specified by the person in the Adopted Children Register.

F86[(4) A copy of an entry or an extract thereof, referred to in subsection (2)(b) or (3)(b) shall omit any reference to or particulars of—

(a) a personal public service number, and

(b) any previous adoption,

and “true copy” in those aforementioned provisions shall be construed accordingly.]

(5) The Minister for Social Protection may, following consultation with the Minister, by regulations under this Act specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii) or (3)(b)(iii).

86.— (1) An tArd-Chláraitheoir shall keep an index to make traceable the connection between each entry in the Adopted Children Register and the corresponding entry in the register of births.

(2) Notwithstanding section 85, the index kept under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court or of the F87[Authority, or in accordance with section 6 of the Birth Information and Tracing Act 2022.]

87.— A certified copy of an entry in the Adopted Children Register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora, shall be received, without further proof, as evidence of the facts stated in the certified copy, and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy.

88.— A court shall not make an order—

(a) referred to in section 86 (2),

(b) for the discovery, inspection, production or copying of any book, document or record of the Authority (or of any extracts from any of them), or otherwise in relation to the giving or obtaining of information from any of them,

unless the court is satisfied that it is in the best interests of any child concerned to make the order.

89.— (1) The Minister for Social Protection may, following consultation with the Minister, by regulations under this Act, provide for the issue by an tArd-Chláraitheoir, as respects any entry in the Adopted Children Register, of a certificate of such particulars contained in the entry as may be specified in the regulations.

(2) A certificate referred to in subsection (1) may not disclose that the person to whom the certificate relates is an adopted person.

(3) Regulations under this section may provide for the payment for a certificate referred to in subsection (1) of a fee of such amount as may be determined by the Minister for Social Protection following consultation with the Minister and with the consent of the Minister for Finance.

90.— (1) In this section, “competent authority” includes a person serving in another state in the capacity of a competent authority for the purposes of a bilateral agreement or an arrangement referred to in section 81.

(2) The Register of Foreign Adoptions maintained until the establishment day under section 6 of the Adoption Act 1991 by An Bord Uchtála shall, notwithstanding the repeal of that section by section 7(1), continue in being under this Act and, on and after the establishment day, shall be—

(a) known as the register of intercountry adoptions, and

(b) kept and maintained under this Act by the Authority.

(3) The following persons may apply to the Authority to enter particulars of an intercountry adoption effected outside the State in the register of intercountry adoptions:

(a) the adopted person;

(b) a person by whom the adopted person was adopted;

(c) any other person having an interest in the matter.

(4) Not later than 3 months after the date when a child first enters the State after his or her intercountry adoption in another state by parents habitually resident in the State, the adopters shall ensure that an application to the Authority is made under subsection (3) to enter particulars of the adoption in the register of intercountry adoptions.

(5) If any of the persons referred to in subsection (3) apply in accordance with this section to enter in the register of intercountry adoptions particulars of an adoption referred to in subsection (4)—

(a) where the applicant is a person mentioned in paragraph (a) or (c) of subsection (3), the application relieves both of the adopters of the duty under subsection (4), or

(b) where the applicant is one of the adopters, the application relieves the other adopter of the duty under subsection (4).

(6) An application under subsection (3) shall be accompanied by the certificate referred to in section 57 issued by the competent authority of the state of adoption.

(7) If the Authority is satisfied that the adoption is an intercountry adoption effected outside the State that complies with the requirements of this Act in relation to such an adoption, the Authority shall enter particulars of the adoption in the register of intercountry adoptions, together with a copy of the certificate referred to in section 57 concerned.

(8) If the High Court so directs under section 92(1), an entry shall be made in the register of intercountry adoptions concerning a specified intercountry adoption effected outside the State.

(9) An entry in the register of intercountry adoptions shall be in such form and contain such particulars as may be prescribed by regulations made under section 152.

(10) A person making an application to the Authority under subsection (3) is required to furnish the Authority with such information as the Authority may reasonably require and the information shall be in such form (if any) as may be specified by the Authority.

(11) An error in an entry in the register of intercountry adoptions may be corrected and, if the High Court so directs, a specified correction shall be made in the register.

91.— (1) A document purporting to be a copy, and to be certified by an employee of the Authority to be a true copy, of an entry in the register of intercountry adoptions—

(a) is evidence of the fact that the adoption to which it relates is an intercountry adoption effected outside the State and is deemed by this Act to have been effected by an adoption order made on the date specified in the copy, and

(b) shall be issued by the Authority to any person on application by him or her to the Authority in that behalf and on payment by him or her to the Authority of such fee as may be specified by the Authority with the consent of the Minister.

(2) Any requirement of law for the production of a certificate of birth is satisfied by the production of a document described in subsection (1) and certified to be a true copy of an entry in the register of intercountry adoptions in accordance with that subsection.

91A.— (1) The Authority shall establish and maintain, in the Authority, a register to be called the register of gender recognition of intercountry adoptions, for the purpose of the registration of gender recognition of intercountry adoptions.

(2) An entry in the register of gender recognition of intercountry adoptions shall be in such form and contain such particulars as may be prescribed by regulations made under section 152A.

(3) The Authority shall keep an index to make traceable the connection between each entry in the intercountry adoptions register and the corresponding entry in the register of gender recognition of intercountry adoptions.

(4) The index kept under subsection (3) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

(5) A court shall not make an order referred to in subsection (4), where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interest of the child.]

91B.— (1) Subject to subsection (3), the Authority shall, on application by a person referred to in subsection (2), in that behalf in writing and on payment to the Authority of the prescribed fee—

(a) search the register of gender recognition of intercountry adoptions and the index to that register, or

(b) give the person—

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry in the register of gender recognition of intercountry adoptions specified by the person.

(2) The following persons may make an application to the Authority under subsection (1):

(a) the person to whom the entry on the register of gender recognition of intercountry adoptions relates;

(b) a person who is, in relation to the person referred to in paragraph (a) —

(i) the surviving spouse or civil partner,

(ii) if no surviving spouse or civil partner, the child,

(iii) if no surviving spouse or civil partner or child, a parent, or

(iv) if no surviving spouse or civil partner, child or parent, a surviving brother or sister.

(3) A certified copy of a document referred to in subsection (1) shall not disclose the fact that the entry is contained in the register of gender recognition of intercountry adoptions.

(4) Any requirement of law for the production of a certificate of birth is satisfied by the production of a certified copy of the document described in subsection (1).

(5) In subsection (2) "civil partner" has the same meaning as in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.]

91C.— A person referred to in subparagraph (iv) of section 9(1)(a) of the Act of 2015 to whom a gender recognition certificate is issued by the Minister may contact the Authority and request that the particulars relating to the recognition of the gender of the person are entered in the register of gender recognition of intercountry adoptions.]

91D.— (1) The Authority, as soon as practicable following receipt of a notice under section 14(9)(c) or 15(11)(c) of the Act of 2015, shall cancel the appropriate entry in the register of gender recognition of intercountry adoptions and the index referred to in section 91A(3).

(2) The Authority, as soon as practicable following receipt of a notice under section 16(8)(c) of the Act of 2015, shall correct the appropriate entry in the register of gender recognition of intercountry adoptions and the original entry shall be retained in the register.

(3) The Authority, following a correction of an error of an entry in the register of intercountry adoptions under section 90(11) which corresponds to an entry in the register of gender recognition of intercountry adoptions, shall amend the appropriate entry in the second referred to register accordingly.]

92.— (1) If, on application to the High Court in that behalf by a person who may make an application to the Authority under section 90(3), the High Court is satisfied that an entry with respect to an adoption in the register of intercountry adoptions should be made, cancelled or corrected, the High Court may by order, as appropriate—

(a) direct the Authority to procure the making of a specified entry in the register of intercountry adoptions,

(b) subject to subsection (2), direct the Authority to procure the cancellation of the entry concerned in the register of intercountry adoptions, or

(c) direct the Authority to make a specified correction in the register of intercountry adoptions.

(2) Unless satisfied that it would be in the best interests of the adopted person to do so, the High Court shall not give a direction under subsection (1) (b) based solely on the fact that, under the law of the state in which an adoption was effected, the adoption has been set aside, revoked, terminated, annulled or otherwise rendered void.

(3) Where the High Court gives a direction under subsection (1) (b), it may make orders in respect of the adopted person that appear to the High Court—

(a) to be necessary in the circumstances, and

(b) to be in the best interests of the person,

including orders relating to the guardianship, custody, maintenance and citizenship of the person.

(4) An order under subsection (3), notwithstanding anything in any other Act, applies and shall be carried out to the extent necessary to give effect to the order.

(5) If the High Court—

(a) refuses to give a direction under subsection (1)(a), or

(b) gives a direction under subsection (1)(b),

the intercountry adoption effected outside the State shall not be recognised under this Act.

(6) The High Court—

(a) may direct that notice of an application under subsection (1) shall be given by the person making the application to such other persons (including the Attorney General and the Authority) as the High Court may determine, and

(b) of its own motion or on application to it by the person concerned or a party to the application proceedings, may add any person as a party to the proceedings.

(7) The Attorney General—

(a) of his or her own motion, or

(b) if so requested by the High Court,

may make submissions to the High Court in relation to the application, without being added as party to the application proceedings.

(8) If the High Court so determines, proceedings under this section shall be heard in private.

94.— (1) On the establishment day, a body to be known as Údarás Uchtála na hÉireann or, in the English language, the Adoption Authority of Ireland is established to perform the functions assigned to it by this Act.

(2) The Authority is a body corporate with perpetual succession and may—

(a) sue and be sued in the Authority’s own name,

(b) with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of land or an interest in land, and

(c) acquire, hold and dispose of any other property.

95.— (1) The Authority shall provide itself with a seal as soon as may be after the establishment day.

(2) The seal of the Authority shall be authenticated by—

(a) the signatures of 2 members of the Authority, or

(b) the signatures of both—

(i) a member of the Authority, and

(ii) an employee of the Authority authorised by the Authority to authenticate the seal.

(3) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal of the Authority authenticated in accordance with this section, shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.

96.— (1) Without prejudice to the functions assigned to the Authority under this Act or any other enactment, the functions of the Authority include the following:

(a) on and after the establishment day, performing the functions in relation to adoptions that before that day were performed by An Bord Uchtála;

(b) as specified in section 66, performing in the State the role of a Central Authority under the Hague Convention;

(c) at the request of the Minister, providing general advice to him or her about adoption matters;

(d) undertaking or assisting in research projects and activities relating to adoption services;

(e) compiling statistical information and other records as to the proper planning, development and provision of those adoption services;

(f) maintaining the register of accredited bodies; F92[…]

(g) maintaining the register of intercountry F93[adoptions;]

F94[(h) maintaining the register of gender recognition of intercountry adoptions and the index referred to in section 91A(3).]

(2) The Authority has all the powers as are necessary or expedient for the performance by it of its functions.

(3) The Authority may make such enquiries as it considers necessary for the performance of its functions.

(4) The Authority shall endeavour to ensure that its adoption enquiries under this Act and adoption hearings before the Authority are conducted in a non-adversarial manner.

97.— (1) The Authority, with the consent of the Minister, may make rules—

(a) respecting its procedure, and

F95[(b) governing the consultation that is required by this Act to be carried out with a relevant non-guardian (which shall include a person who believes himself to be the father) of a child before the child is placed for adoption or before an adoption order is made in respect of that child.]

(2) The Minister shall ensure that every rule made by the Authority under subsection (1) is laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the rule is passed by either House within the next 21 days on which that House has sat after the rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

98.— (1) The Authority shall consist of 7 members, being the chairperson, the deputy chairperson and 5 ordinary members, appointed by the Minister in accordance with this section.

(2) A person is not eligible for appointment as chairperson or deputy chairperson unless the person—

(a) is or was, at any time during the 2 years immediately before the appointment, a Judge of the Supreme Court, F96[the Court of Appeal,] the High Court, the Circuit Court or the District Court, or

(b) is of not less than 10 years standing as a barrister or solicitor.

(3) Of the 5 ordinary members to be appointed by the Minister—

(a) one shall be a social worker with experience in adoption practice,

(b) one shall be a social worker with research expertise in child welfare, child protection or both,

(c) one shall be a barrister or solicitor with experience in the practice of law in relation to families and children,

(d) one shall be a medical practitioner whose name is for the time being included in a division of the register of medical practitioners referred to in paragraph (a) or (b) of subsection (2) of section 43 of the Medical Practitioners Act 2007 (as amended by the Health (Miscellaneous Provisions) Act 2007, No. 42 of 2007), and

(e) one shall be a person with appropriate training in psychology.

(4) The Minister, to the extent practicable, shall endeavour to ensure that there is an equitable balance between men and women in the membership of the Authority.

(5) Each member of the Authority shall hold office for a period which the Minister shall determine, not exceeding 5 years from the date of appointment to the office.

(6) An appointed member who completes a term of office is eligible for reappointment to the Authority, but may not serve as a member for more than 2 consecutive terms.

(7) An appointed member may resign office by letter addressed to the Minister and the resignation takes effect on the later of—

(a) the date specified in the letter, or

(b) the receipt of the letter by the Minister.

(8) If an appointed member resigns, dies, ceases to hold office (other than on completing a term of office), ceases to be qualified for office or is removed from office, the Minister as soon as practicable shall appoint a person to fill the casual vacancy so occasioned.

(9) A person appointed under subsection (8) holds office for the unexpired portion of his or her predecessor’s term of office.

(10) An appointed member, with the consent of the Authority, may vacate his or her office for a specified period of time if, in that member’s opinion, he or she has a conflict of interest in relation to a matter being considered by the Authority.

(11) The Minister may at any time remove an appointed member of the Authority from office if—

(a) in the Minister’s opinion—

(i) the member has become incapable through ill-health of performing the functions of the office,

(ii) the member has committed stated misbehaviour, or

(iii) the member’s removal from office is necessary for the Authority to perform its functions in an effective manner,

(b) the member has contravened, or failed to discharge a duty imposed by, a provision of the Ethics in Public Office Act 1995 that by a regulation made under section 3 of that Act applies to that member, or

(c) in performing functions under this Act, the member has not complied with a code of conduct under section 10(3) of the Standards in Public Office Act 2001.

(12) A person immediately ceases to be a member of the Authority if the person—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is convicted of an indictable offence,

(d) is convicted of an offence involving fraud or dishonesty,

(e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act,

(f) is sentenced to a term of imprisonment by a court of competent jurisdiction, or

(g) is removed by a competent authority for any reason (other than failure to pay a fee) from any register established for the purpose of registering members of a profession.

99.— (1) A person is not eligible for appointment as a member of the Authority or of a committee of the Authority, if the person is—

(a) a member of either House of the Oireachtas or of the European Parliament,

(b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(c) a member of a local authority.

(2) An appointed member of the Authority or a member of a committee of the Authority immediately ceases to hold office on—

(a) being nominated as a member of Seanad Éireann,

(b) being elected as a member of either House of the Oireachtas or of the European Parliament,

(c) being regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(d) becoming a member of a local authority.

100.— (1) The Minister, in consultation with the Authority, shall fix the date, time and place of the first meeting of the Authority.

(2) The Authority shall hold as many meetings as are necessary for performing its functions but shall hold at least 12 meetings a year.

(3) The chairperson at any reasonable time may call a meeting of the Authority.

(4) Any 4 members of the Authority may call a meeting of the Authority if the chairperson—

(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 4 members, or

(b) without refusing to call a meeting, does not call one within 7 days after being presented with the requisition.

F97[(5) Subject to subsection (7), the members present at a meeting called under subsection (4) shall choose one of their number to chair the meeting.]

F97[(6) The quorum for a meeting of the Authority is—

(a) the chairperson or deputy chairperson, or

(b) in the case of a meeting called under subsection (4), and where applicable, the member chosen under subsection (5) to chair the meeting who, for that meeting, shall be regarded as the chairperson for the purposes of subsections (9) and (10),

and 2 other members, one of whom may be the deputy chairperson where the chairperson or another member chosen under subsection (5) is presiding.]

(7) The chairperson shall preside at all meetings of the Authority at which he or she is present.

(8) Each question at a meeting shall be determined by a majority of the votes of the members present and voting on the question.

(9) In the case of an equal division of votes, the chairperson, or in the absence of the chairperson, the deputy chairperson has a second or casting vote.

(10) Each decision of the Authority shall be announced by the chairperson, the deputy chairperson or the other member authorised by the chairperson and neither the existence of nor the content of any opinion of any other member, whether assenting or dissenting, shall be disclosed.

(11) Subject to this Act, the Authority may regulate, by standing orders or otherwise, the procedures and business of the Authority.

101.— (1) The Authority may—

(a) establish one or more committees to provide assistance and advice to the Authority in relation to the performance of the Authority’s functions, and

(b) determine the membership and terms of reference of each committee.

(2) Each committee—

(a) shall be chaired by a member of the Authority,

(b) may include as members persons who are not members or employees of the Authority, and

(c) consists of the chairperson of the committee and the other persons, whether members of the Authority or not, who the Authority may appoint.

(3) The Authority may regulate the procedure of each committee but, subject to any such regulation, a committee may regulate its own procedure.

(4) At any time, the Authority may—

(a) dissolve any of the committees, or

(b) remove a member of any of the committees from his or her membership.

102.— (1) A person—

(a) appointed as chairperson of the Authority, or

(b) who is the deputy chairperson of the Authority, in respect of any period during which he or she acts as chairperson of the Authority,

shall be paid by the Authority, out of moneys at its disposal, such remuneration and allowances for expenses as the Minister may from time to time determine with the consent of the Minister for Finance.

(2) A member of the Authority and a member of a committee of the Authority shall be paid by the Authority, out of moneys at its disposal, such remuneration and allowances for expenses as the Minister may determine with the consent of the Minister for Finance.

103.— (1) The Authority shall appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Authority.

(2) Notwithstanding subsection (1), the Minister may appoint the first chief executive officer for a term to be determined by the Minister.

(3) A person is not eligible for appointment as the chief executive officer if the person is—

(a) a member of either House of the Oireachtas or of the European Parliament,

(b) regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy, or

(c) a member of a local authority.

(4) The chief executive officer holds office, subject to subsection (3), on the terms and conditions (including those relating to remuneration, allowances and superannuation) to be determined by the Authority with the approval of the Minister given with the consent of the Minister for Finance.

(5) The chief executive officer, with the approval of the Minister, may be removed from office by the Authority for stated reasons.

(6) The chief executive officer may attend any meeting of the Authority or of a committee of the Authority.

104.— (1) The chief executive officer shall—

(a) carry on and manage and control generally the administration and business of the Authority,

(b) perform such other functions as may be assigned to him or her by or under this Act or any other enactment or as may be determined by the Authority, and

(c) provide the Authority with information (including financial information) relating to the performance of his or her functions as the Authority may require.

(2) The chief executive officer is responsible to the Authority for—

(a) the performance of the chief executive officer’s functions and the implementation of the Authority’s policies,

(b) supporting the Authority in all functions of a judicial nature conferred on the Authority by this Act,

(c) maintaining on behalf of the Authority—

(i) the register of accredited bodies, and

(ii) the register of intercountry adoptions.

(3) Such of the functions of the chief executive officer as he or she may specify from time to time may be performed, with the consent of the Authority, by such employee of the Authority as may be authorised by the chief executive officer.

(4) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer under this section may be performed by an employee of the Authority designated by the Authority.

105.— (1) The chief executive officer, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, shall give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required by this Act to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in any—

(i) special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or

(ii) other report of the Comptroller and Auditor General (insofar as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of the duties of the chief executive officer under this section, the chief executive officer shall not question or express an opinion on—

(a) the merits of any policy of the Government or of a Minister of the Government, or

(b) the objectives of such a policy.

106.— (1) In this section, “committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(a) the Committee on Members’ Interests of Dáil Éireann,

(b) the Committee on Members’ Interests of Seanad Éireann, and

(c) the Committee referred to in section 105(1),

or a sub-committee of such a committee.

(2) Subject to subsection (3), the chief executive officer, at the request in writing of a committee, shall attend before it to give account for the general administration of the Authority.

(3) The chief executive officer is not required to give account before a committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(4) Where the chief executive officer is of opinion that a matter in respect of which he or she is requested to give an account before a committee is a matter to which subsection (3) applies—

(a) he or she shall inform the committee of the opinion and the reasons for it, and

(b) unless the information is conveyed to the committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.

(5) Where the chief executive officer has informed a committee of his or her opinion in accordance with subsection (4) and the committee does not withdraw the request referred to in subsection (2) insofar as it relates to a matter the subject of that opinion—

(a) the chief executive officer, not later than 21 days after being informed by the committee of its decision not to withdraw the request, may apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the chairperson of the committee, on behalf of the committee, may make such an application,

and the High Court shall determine the matter.

(6) Pending determination of an application under subsection (5), the chief executive officer shall not attend before the committee to give account for the matter that is the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the chief executive officer shall attend before the committee to give account for the matter.

(8) In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

107.— (1) The Minister may give general directions in writing to the Authority for any purpose in relation to the provisions of this Act, or any other enactment, and for any matter or thing referred to in this Act—

(a) as specified or to be specified, or

(b) as determined or to be determined.

(2) The Minister may direct the Authority to supply the Minister with information, reports or statistics, in the manner and within the period, both as the Minister may determine, in relation to the performance of the functions assigned by or under this Act to the Authority.

(3) The Authority shall comply with a direction under subsection (1) or (2) given by the Minister.

108.— (1) The Authority shall prepare, adopt and at the times specified in subsection (2), submit to the Minister for approval a corporate plan for the 3 years immediately following the date of its submission.

(2) A corporate plan shall be submitted at the following times:

(a) within 6 months of the establishment day;

(b) within 6 months of the appointment of a new Minister for Health and Children if he or she requests that a new corporate plan be submitted;

(c) at the end of the 3 year period since the last corporate plan was submitted.

(3) The corporate plan shall be prepared in a form and manner in accordance with any direction given by the Minister and shall specify—

(a) the key objectives of the Authority for the 3 year period concerned and the strategies for achieving those objectives, and

(b) the uses to which the Authority proposes to apply its resources.

(4) In preparing the corporate plan, the Authority shall have regard to the policies of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Authority.

(5) Within 3 months of receiving a corporate plan, the Minister shall—

(a) approve the plan, or

(b) refuse to approve the plan if the plan is not amended in accordance with any directions that may be given by the Minister to the Authority.

(6) An approved corporate plan may be amended by the Minister at any time or may be amended by the Authority, but in the latter case only after—

(a) the Authority submits the proposed amendment to the Minister for approval, and

(b) the amendment is approved by the Minister.

(7) Subsections (3) to (6) apply with the necessary modifications in respect of an amendment by the Authority to an approved corporate plan.

(8) Nothing in a corporate plan is to be taken to prevent the Authority from, or to limit the Authority in, performing its functions.

(9) The Minister shall ensure that a copy of an approved corporate plan is laid before both Houses of the Oireachtas—

(a) within 21 days of the plan being approved by the Minister, and

(b) if the plan is amended under subsection (6) after being approved by the Minister, within 21 days of—

(i) in the case of an amendment made by the Minister, the making of the amendment, or

(ii) in the case of an amendment made by the Authority, the approval of the amendment by the Minister.

(10) The Authority shall ensure that, as soon as practicable after copies of an approved plan are laid before the Houses of the Oireachtas, the plan is published—

(a) on the Internet, and

(b) in accordance with such other arrangements as the Minister may specify.

(11) The Authority shall provide the Minister with a progress report on the implementation of an approved corporate plan for the Authority in the Authority’s annual report and, at the request of the Minister, at other times that the Minister may specify.

109.— The Minister shall advance to the Authority out of moneys provided by the Oireachtas such sum as the Minister may, with the consent of the Minister for Finance, determine for the purposes of expenditure by the Authority in the performance of its functions.

110.— (1) The Minister may, at any time before the beginning of a financial year, request the Authority to submit to the Minister a business plan for that financial year, and the Authority shall comply with such a request.

(2) A business plan shall—

(a) be prepared in the form and manner and in accordance with any directions given by the Minister,

(b) indicate the Authority’s activities for the period to which the business plan relates,

(c) contain estimates of the number of employees of the Authority for the period to which the plan relates,

(d) contain any other information specified by the Minister, and

(e) accord with policies and objectives of the Minister and the Government.

(3) In preparing the business plan, the Authority shall have regard to the corporate plan in operation at that time approved under section 108 and any direction given by the Minister under section 107.

(4) The Authority shall give effect to the business plan unless the Minister, within 30 days of the submission of the plan, directs the Authority in writing to either amend the plan or not to give effect to it.

(5) At the same time as giving a direction to the Authority under subsection (4), the Minister shall give his or her reasons in writing for the direction to the Authority.

(6) The Authority shall comply with a direction under subsection (4).

111.— (1) As soon as practicable after the Authority is established, it shall submit to the Minister for approval a code of governance that includes an outline of—

(a) the guiding principles applicable to the Authority as a public body having the functions described in section 96,

(b) the structure of the Authority, including the role and responsibilities of the Authority and the chief executive officer,

(c) the processes and guidelines to be followed to ensure compliance with the reporting requirements imposed on the Authority by or under this Act, and

(d) the Authority’s internal controls, including its procedures relating to internal audit, risk management, public procurement and financial reporting.

(2) The Authority shall review the code of governance periodically at the times that may be specified by the Minister and shall revise the code as the Authority considers appropriate.

(3) In preparing or making revisions to the code of governance, the Authority shall have regard to any direction given by the Minister under section 107.

(4) Following the Minister’s approval of the code of governance or of any revisions to it, the Authority shall arrange for the publication of the code or the revised code.

(5) The Authority shall indicate in its annual report its arrangements for implementing and maintaining adherence to the code of governance.

112.— (1) The chief executive officer shall cause to be kept all proper and usual books or other records of account of—

(a) all income and expenditure of the Authority,

(b) the source of the income and the subject matter of the expenditure, and

(c) the property, assets and liabilities of the Authority.

(2) Without prejudice to the generality of subsection (1), the chief executive officer shall also keep such special accounts as the Minister may direct.

(3) The books, records and special accounts kept under this section shall be—

(a) kept in the form, and

(b) for the accounting periods,

that the Minister may specify, with the consent of the Minister for Finance.

(4) The accounts of the Authority prepared by the chief executive officer and approved by the Board shall be submitted to the Comptroller and Auditor General for audit not later than 3 months after the end of the financial year to which the accounts relate.

(5) Within one month of the Comptroller and Auditor General issuing an audit certificate for the accounts of the Authority, a copy of—

(a) the accounts, and

(b) the report of the Comptroller and Auditor General on the accounts,

shall be presented to the Minister who, within 2 months after their receipt, shall cause copies thereof to be laid before each House of the Oireachtas.

(6) If required by the Minister, the Authority shall furnish to the Minister the information the Minister may require in respect of any balance sheet, account or report of the Authority.

(7) The Authority, the chief executive officer and other employees of the Authority—

(a) whenever so requested by the Minister, shall permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period, and

(b) shall facilitate the examination,

and the Authority shall pay such fee as may be fixed by the Minister for the examination.

113.— (1) In performing functions under this or any other enactment as—

(a) a member of the Authority or a committee of the Authority,

(b) the chief executive officer or an employee of the Authority,

(c) a person engaged under section 124 by the Authority as an adviser, or

(d) an employee of a person referred to in paragraph (c),

a person shall maintain proper standards of integrity, conduct and concern for the public interest.

(2) Subsection (1) applies to an employee of a person referred to in subsection (1)(c) in respect only of duties of employment relating to the purposes for which the Authority has engaged that person.

114.— (1) For the purposes of section 113 (1), the Authority shall issue codes of conduct for the guidance of persons who are—

(a) members of a committee of the Authority but are not members of the Authority,

(b) employees of the Authority other than employees to whom a code of conduct under section 10(3) of the Standards in Public Office Act 2001 applies,

(c) engaged under section 124 by the Authority as advisers, or

(d) employees of persons referred to in paragraph (c).

(2) A code of conduct issued under this section for the guidance of persons referred to in subsection (1) shall indicate the standards of integrity and conduct to be maintained by them in performing their functions under this or any other enactment.

(3) A person to whom the code of conduct relates is required to have regard to and be guided by the code in performing functions under this or any other enactment.

(4) The terms and conditions on which a person is employed by the Authority or by a person referred to in subsection (1) (c) or on which a person is engaged by the Authority as an adviser are deemed to include the requirements that apply to that person under subsection (3).

115.— (1) Subject to subsection (2), the Authority, as soon as practicable after issuing a code of conduct, shall make the code available to the persons for whose guidance it was issued.

(2) A code of conduct for the guidance of employees of a person engaged by the Authority as an adviser shall be issued by the Authority to the employer and shall be made available by the employer to those employees.

(3) In the absence of evidence to the contrary, a document purporting to be a code of conduct issued under this section—

(a) is that code of conduct, and

(b) is admissible in any proceedings before a court or other tribunal,

and any provision of the code of conduct that appears to the court or other tribunal to be relevant to a question in the proceedings may be taken into account by the court or tribunal in determining the question.

116.— (1) The Authority may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.

(2) The Authority shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with the Authority’s—

(a) functions, or