Adoption Act 2010

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Where father not consulted.

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

(2) If satisfied that the accredited body has taken such steps as are reasonably practicable to consult the father, the Authority may 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 the father indicating that he objects to the placement.

(4) Where, on an application 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 father and mother, or

(b) the circumstances of the conception of the child,

it is inappropriate for the accredited body to contact the father in respect of the placement of the child—

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

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

(5) If the identity of the father of a child is unknown to an accredited body and the mother refuses to reveal the father’s identity, the accredited body—

(a) shall counsel the mother in order to attempt to obtain her co-operation, indicating to her—

(i) that the adoption may be delayed,

(ii) the possibility of the father contesting the adoption at a later date,

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

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

and

(b) if the mother, after counselling, continues to refuse to reveal the identity of the father, shall furnish the Authority with a written report of the counselling that the accredited body has 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, and

(b) has no other practical way of ascertaining the father’s identity,

then—

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

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

(7) Where the mother of a child provides an accredited body with a statutory declaration stating that she is unable to identify the father, then—

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

(b) the accredited body, at any time thereafter, may place the child for adoption if the accredited body has no other practical way of ascertaining the father’s identity.