Adoption Act, 1964
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Restriction of section 2 of Children (Amendment) Act, 1957. |
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. |