Adoption Act 2010

• Permanent Page URL

Adoption orders in relation to children where High Court order under section 54 applies.

53.— (1) The Authority shall adjourn an application for an adoption order made to it and declare that it will make the adoption order if the High Court, by order under section 54 (2), authorises it to do so, if—

(a) the Authority has heard—

(i) the Health Service Executive,

(ii) any persons specified in paragraphs (a) to (h) of section 43 (1) who wish to be heard, and

(iii) any other person whom the Authority, in its discretion, decides to hear,

(b) but for this Part, the Authority would not have power to make the order, and

(c) it is satisfied that, if an order of the High Court under section 54 (2) were made in favour of the applicants in respect of the child concerned, it would be proper to make the adoption order.

(2) Where—

(a) a High Court order is made under section 54 (2), and

(b) an appeal against the order is not brought or the order is confirmed on appeal by the Supreme Court,

then, subject to subsection (3), at the request of the person or persons in whose favour the High Court order was made, the Authority, notwithstanding section 23 , shall make an adoption order in relation to the child to whom the High Court order applies, in favour of that person or those persons.

(3) The Authority shall not make an adoption order under subsection (2) if the Authority is satisfied that the relevant circumstances have so changed since the date of the declaration under subsection (1) that it would not be proper, having regard to this Act, to make the adoption order.

(4) Section 44 does not apply in relation to a request to the Authority for an adoption order under subsection (2).

(5) Where an adoption order is made under subsection (2) in relation to a child for whom a previous adoption order has been made, the child shall be taken, for the purposes of the first-mentioned order, to be the lawful child of the adopters under the previous order.