Adoption Act 2010


Persons suitable for adoption order or recognition of intercountry adoption effected outside State.

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.




Substituted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 17, S.I. No. 443 of 2017.

Editorial Notes:


Previous affecting provision: section amended by Children and Family Relationships Act 2015 (9/2015), s. 115, not commenced; repealed (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.