No. 2/1964:

ADOPTION ACT, 1964

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Adoption of legitimated child.

3 Extension in certain circumstances of time for applying for adoption order.

4 Amendment of section 3 of Principal Act.

5 Amendment of section 11 of Principal Act.

6 Amendment of section 12 of Principal Act.

7 Amendment of section 22 of Principal Act.

8 Interim orders.

9 Adjournment of applications for adoption orders.

10 Restriction of section 2 of Children (Amendment) Act, 1957. 1957, No. 28.

11 Repeal.

12 Short title, construction and collective citation.

AN ACT TO AMEND AND EXTEND THE ADOPTION ACT, 1952 .

[5th February, 1964.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"adoption order" means an order under 9 of the Principal Act;

" the Board" means An Bord Uchtála;

"the Principal Act" means the Adoption Act, 1952 ;

"registered adoption society" means a body of persons entered in the Adoption Societies Register kept by the Board under Part IV of The Principal Act.

2.—(1) ( a ) Notwithstanding anything contained in section 10 of the Principal Act, an adoption order may be made in the case of a child—

(i) who has been legitimated or whose legitimation has been recognised in pursuance of the provisions of the Legitimacy Act, 1931 , and

(ii) whose birth has not been re-registered in pursuance of the provisions of the Schedule to that Act or in pursuance of the law of a country other than the State,

provided that the father of the child gives his consent to the making of an adoption order or such consent is dispensed with in accordance with section 14 of the Principal Act.

( b ) The provisions of subsections (2) to (6) of section 14 of the Principal Act shall apply in relation to a consent referred to in the foregoing paragraph as they apply in relation to the consents referred to in subsection (1) of that section.

(2) In sections 16, 17, 20, 24 and 39 of The Principal Act, any reference to the mother of a child shall, for the purposes of the foregoing provisions of this section, be construed as including a reference to the father of the child.

(3) Where—

( a ) a child was illegitimate when the consent by the mother to the making of an adoption order was given or, in a case in which the Board has dispensed with that consent on the ground that the mother could not be found, when the child was born, and

( b ) no evidence has been adduced to the Board, either by way of objection to the application for adoption or otherwise, that the child was subsequently legitimated,

the Board may assume, for the purposes of The Principal Act and this Act, that the child is illegitimate at the time the application is heard, and if the Board makes an adoption order and the child has in fact been legitimated, the order shall have the same validity as if the child had not been legitimated and the reference in section 24 of the Principal Act to the mother shall be construed as including a reference to the father.

(4) If, before the passing of this Act, an adoption order was made in respect of a legitimated child (being a child of whose legitimation the Board was not aware), the order shall have, and be deemed always to have had, the same validity as if the child had not been legitimated and the reference in section 24 of the Principal Act to the mother shall be construed as including a reference to the father.

3.—(1) Notwithstanding anything contained in section 10 of the Principal Act, where the Board is satisfied that in the particular circumstances of the case it is desirable to do so, it may make an adoption order in respect of a child who was more than seven years of age at the date of the application for the order if

( a ) (i) the applicant has had the child in his care since before the child attained the age of seven years, and

(ii) the application is made before the child attains the age of nine years, or

( b ) the applicant or, if the applicants are a married couple, one of them, is the mother, natural father or a relative of the child.

(2) Before deciding if it will make an adoption order in relation to a child to whom this section applies, the Board shall give due consideration, having regard to his age and understanding, to the wishes of the child.

(3) Subparagraph (ii) of paragraph (a) of subsection (1) of this section shall not apply in relation to an application for an adoption order made before the 31st day of December, 1965.

4.—Section 3 of the Principal Act is hereby amended by the insertion before the definition of "adoption order" of the following definition: " 'adopted person' means a person in respect of whom an adoption order has been made;".

5.—(1) Notwithstanding anything contained in subsection (3) of section 11 of the Principal Act, an adoption order may be made on the application of a married couple who have been married to each other for not less than three years and each of whom has attained the age of twenty-five years.

(2) Section 11 of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

" (4) An adoption order shall not be made unless the applicants are ordinarily resident in the State and have been so resident during the year ending on the date of the order."

(3) Section 11 of the Principal Act is hereby amended by the deletion of subsection (5).

6.—Section 12 of the Principal Act shall be construed and have effect as if the Salvation Army were included in the religious denominations specified in subsection (3) of that section.

7.—Section 22 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

" (3) If the date of the child's birth is unknown, the Board shall determine the probable date of birth and that date shall be entered as the child's date of birth and if the Board subsequently ascertains the actual date of the child's birth, the determination shall be cancelled and the adoption order relating to the child correspondingly amended and if the date of the child's birth is not the date determined as aforesaid, the entry shall be amended."

8.—Where, on an application for an adoption order in respect of a child, the Board is not satisfied as respects the matters referred to in section 13 of the Principal Act, it may make an order under section 17 of the Principal Act giving the custody of the child to the applicant for a probationary period if it is of opinion that, before the expiration of such period, it is likely to be satisfied as respects the matters referred to in the said section 17.

9.—For the removal of doubt, it is hereby declared that, where an application is made to the Board for an adoption order, the Board has, and always has had, power to adjourn from time to time the making of a decision whether to make or refuse to make the order.

10.—(1) Subject to the provisions of this section, section 2 of the Children (Amendment) Act, 1957 , shall not apply to a person undertaking the nursing and maintenance of a child or to the making of arrangements for such nursing and maintenance if—

( a ) (i) the nursing and maintenance are undertaken with a view to the adoption of the child by the person aforesaid, the arrangements for the nursing and maintenance are made by a registered adoption society, and not more than one year has elapsed since the date of the reception of the child in the home of the person, and

(ii) notice in writing of the arrangements is given to the Board before or within seven days after the reception of the child in the home of the person aforesaid, or

( b ) an application has been made for an adoption order in respect of the child and the application has not been refused, or

( c ) a certificate under subsection (2) of this section is in force in relation to the child.

(2) ( a ) Where the nursing and maintenance of a child are undertaken with a view to the adoption of the child, but the case is one to which neither the provisions of paragraph (a), nor the provisions of paragraph (b) of subsection (1) of this section apply, the Board may, if it is satisfied that the person undertaking the nursing and maintenance has a sufficient reason for not then applying for an adoption order and that it is not contrary to the interests of the child to do so, grant to the person a certificate declaring that the said section 2 shall not apply during such period as may be specified in the certificate (being a period which the Board thinks reasonable in the circumstances).

( b ) The Board may, at any time, if it is of opinion that it is in the interests of the child concerned to do so, revoke a certificate granted by it under this subsection.

(3) In a case to which paragraph (a) of subsection (1) of this section applies, the Board may, if it is of opinion that the interests of the child concerned so require, notify the registered adoption society concerned and the person undertaking the nursing and maintenance of the child that section 2 of the Children (Amendment) Act, 1957 , should apply to the person aforesaid and, upon the giving of the notification, the said section 2 shall apply to such person and to the making of arrangements for such nursing and maintenance.

(4) Where in a case to which subsection (1) of this section applies, an application for an adoption order in respect of a child is refused, the said section 2 shall apply to the person undertaking the nursing and maintenance of the child and to the making of arrangements for such nursing and maintenance.

(5) Where notice is given to the Board in pursuance of subparagraph (ii) of paragraph (a) of subsection (1) of this section of the arrangements for the nursing and maintenance of a child or a certificate under subsection (2) of this section is in force in relation to the child, the person undertaking the nursing and maintenance shall be deemed, for the purposes of the exercise by the Board, its members and officers, of the powers conferred on them by paragraph 11 of the First Schedule to The Principal Act, to have applied for an adoption order in respect of the child.

(6) References in this section to a person undertaking the nursing and maintenance of a child include references to two persons, being a married couple, jointly undertaking such nursing and maintenance.

(7) In a prosecution for an offence created by subsection (8) of the said section 2, it shall be presumed until the contrary is proved, that none of the following provisions, namely, paragraphs (a), (b) and (c) of subsection (1) of this section, applies in relation to the person undertaking the nursing and maintenance to which the prosecution relates or in relation to the making of arrangements for such nursing and maintenance.

(8) Where in a case to which subsection (1) of this section applied, the said section 2 becomes applicable at any time—

( a ) the Board shall, within the period of fourteen days after the date on which the application of the said section 2 commenced, notify the health authority, and

( b ) the provisions of subsections (1) and (2) of the said section 2 shall be deemed to have been complied with if the notices referred to therein are given to the health authority within that period.

11.—(1) Section 19 of the Principal Act is hereby repealed.

(2) Subsection (1) of this section shall come into operation on the 1st day of January, 1966.

12.—(1) This Act may be cited as the Adoption Act, 1964 .

(2) The Principal Act and this Act shall be construed together as one.

(3) The Principal Act and this Act may be cited together as the Adoption Acts, 1952 and 1964.