Adoption Act 2010

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Orders by High Court authorising Authority to make adoption orders for children whose parents fail in their duty towards them.

54.— (1) Where applicants, in whose favour the Authority has made a declaration under section 53 (1), request the Health Service Executive to apply to the High Court for an order under this section—

(a) if the Health Service Executive considers it proper to do so and an application in accordance with paragraph (b) has not been made by the applicants, the Health Service Executive may apply to the High Court for the order, and

(b) if, within the period of 3 months from the day on which the request was given, the Health Service Executive either—

(i) by notice in writing given to the applicants, declines to accede to the request, or

(ii) does not give the applicants a notice under subparagraph (i) of this paragraph in relation to the request but does not make an application under paragraph (a) for the order,

the applicants may apply to the High Court for the order.

(2) On an application being made under paragraph (a) or (b) of subsection (1), the High Court by order may authorise the Authority to make an adoption order in relation to the child in favour of the applicants, and to dispense with the consent of any person whose consent is necessary to the making of the adoption order, if—

(a) having due regard for the rights, whether under the Constitution or otherwise, of the persons concerned (including the natural and imprescriptible rights of the child), the High Court is satisfied that it would be in the best interests of the child to grant the authorisation, and

(b) it is shown to the satisfaction of the High Court as follows:

(i) that—

(I) for a continuous period of not less than 12 months immediately preceding the time of the making of the application, the parents of the child to whom the declaration under section 53 (1) relates, for physical or moral reasons, have failed in their duty towards the child,

(II) it is likely that the failure will continue without interruption until the child attains the age of 18 years,

(III) the failure constitutes an abandonment on the part of the parents of all parental rights, whether under the Constitution or otherwise, with respect to the child, and

(IV) by reason of the failure, the State, as guardian of the common good, should supply the place of the parents;

(ii) that the child—

(I) at the time of the making of the application, is in the custody of and has a home with the applicants, and

(II) for a continuous period of not less than 12 months immediately preceding that time, has been in the custody of and has had a home with the applicants;

and

(iii) that the adoption of the child by the applicants is an appropriate means by which to supply the place of the parents.

(3) Before making an order under subsection (2), the High Court, in so far as is practicable, shall give due consideration, having regard to the age and understanding of the child concerned, to his or her wishes.

(4) The High Court, of its own motion or on application to it in that behalf, may make orders—

(a) adding other persons as parties to proceedings under this section, and

(b) for the payment—

(i) of any costs, in relation to the proceedings, that are incurred by the person and are not paid by another party, if legal aid for the proceedings under any scheme operated by or on behalf of the State for the provision of legal aid has been refused, or

(ii) by the person of any costs in relation to the proceedings that are incurred by any other party.

(5) The Health Service Executive shall be joined as a party to proceedings under subsection (1)(b).

(6) Proceedings under this section shall be heard in private.

(7) A request to the Health Service Executive under subsection (1)—

(a) may be given by handing it, or by sending it by prepaid post, to an employee of the Health Service Executive at its premises, and

(b) for the purposes of subsection (1)(b), is given to the Health Service Executive on the day on which it is handed or posted to it.