Adoption Act, 1991

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Foreign adoptions where adopters ordinarily resident in State.

5.—(1) A foreign adoption (whether effected before or after the commencement of this Act), other than an adoption specified in section 2 , 3 or 4 of this Act, shall be deemed, unless such deeming would be contrary to public policy, to have been effected by a valid adoption order made—

(a) on the date on which the adoption was effected, or

(b) on such commencement,

whichever is the later, if, but only if—

(i) the adopters are persons coming within the classes of persons in whose favour an adoption order may, by virtue of section 10 of this Act, be made,

(ii) the adopters were ordinarily resident in the State on the date on which the adoption was effected, and

(iii) (I) in case the adoption was effected before the 1st day of April, 1991, the Board declares in writing that it is satisfied that the adopters are persons in whose favour an adoption order may, by virtue of the said section 10 , be made, or

(II) in case the adoption was effected on or after the 1st day of April, 1991, the Board declares in writing before the date on which the adoption was effected—

(A) that it is satisfied that the adopters are persons coming within the classes of persons in whose favour an adoption order may, by virtue of the said section 10 , be made, and

(B) that (having had regard to a report by the health board in whose functional area the adopters were ordinarily resident at the time of the assessment, or by a registered adoption society, of an assessment as respects the matters referred to in section 13 of the Principal Act in relation to the adopters carried out by the board or the society, as the case may be) it is satisfied in relation to the adopters as respects the matters referred to in the said section 13.

(2) Notwithstanding anything in subsection (1), where a foreign adoption was effected on or after the 1st day of April, 1991, and before the 1st day of July, 1991, and the Minister for Justice had received a request in writing from the adopters before the said 1st day of April, 1991, for an assurance in writing addressed to them as to the admission to the State of a child the subject of a foreign adoption effected in their favour, the adoption shall be deemed, unless such deeming would be contrary to public policy, to have been effected by a valid adoption order made—

(a) on the date on which the adoption was effected, or

(b) on the commencement of this Act,

whichever is the later, if but only if—

(i) the Minister for Justice gave such an assurance as aforesaid,

(ii) the adopters are persons coming within the classes of persons in whose favour an adoption order may, by virtue of section 10 of this Act, be made,

(iii) the adopters were ordinarily resident in the State on the date on which the adoption was effected, and

(iv) the Board declares in writing that it is satisfied that the adopters are persons coming within the classes of persons in whose favour an adoption order may, by virtue of the said section 10 , be made.

(3) (a) The adopters or the adopted child in relation to a foreign adoption or any other person having an interest in the matter may apply to the Board for the making of a declaration under paragraph (iii) (I) of subsection (1) or subsection (2) (iv) of this section in relation to the adopters, and the Board shall, if it is satisfied that it is appropriate to do so having regard to the provisions of those subsections, make the declaration.

(b) A person or persons to whom the said subsection (1) applies and who has or have applied, or proposes or propose to apply, for the effecting in his or their favour of a foreign adoption may, before the adoption is effected, apply to the Board for the making of a declaration under paragraph (iii) (II) of the said subsection (1) in relation to the person or persons, and the Board shall, if it is satisfied that it is appropriate to do so having regard to the provisions of that subsection, make the declaration.

(c) A person making an application to the Board under this subsection shall furnish the Board with such information as it may reasonably require and the information shall be in such form (if any) as may be specified.

(d) A document purporting to be a copy, and to be certified by an officer of the Board to be a true copy, of such a declaration as aforesaid shall—

(i) be evidence of the facts stated therein, and

(ii) be issued by the Board to any person on application by him to the Board in that behalf.

(4) For the purposes of this section, a person in whose favour a foreign adoption was effected at any time before the commencement of this Act and who was not a widow or the mother or father or a relative of the adopted child shall be deemed to be a person in whose favour an adoption order might, by virtue of section 10 of this Act, have been made on the date on which the foreign adoption was effected.

(5) A declaration under subsection (1) (iii) (II) of this section shall be expressed to and shall apply only in relation to an adoption effected during the period of 12 months from the date of the making of the declaration or such longer period as, on application to it in that behalf by the persons concerned during the period of 12 months aforesaid, the Board, being satisfied that it is reasonable and proper to do so, endorses on the declaration.