Adoption Act, 1964
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
“adoption order” means an order under section 9 of the Principal Act;
“the Board” means An Bord UchtÃ¡la;
“the Principal Act” means the Adoption Act, 1952 ;
“registered adoption society” means a body of persons entered in the Adoption Societies Register kept by the Board under Part IV of the Principal Act.
num: 2
paragraphs: —(1) (a) Notwithstanding anything contained in section 10 of the Principal Act, an adoption order may be made in the case of a child—
(i) who has been legitimated or whose legitimation has been recognised in pursuance of the provisions of the Legitimacy Act, 1931 , and
num: 3
paragraphs: —(1) Notwithstanding anything contained in section 10 of the Principal Act, where the Board is satisfied that in the particular circumstances of the case it is desirable to do so, it may make an adoption order in respect of a child who was more than seven years of age at the date of the application for the order if
(a) (i) the applicant has had the child in his care since before the child attained the age of seven years, and
(ii) the application is made before the child attains the age of nine years, or
(b) the applicant or, if the applicants are a married couple, one of them, is the mother, natural father or a relative of the child.
(2) Before deciding if it will make an adoption order in relation to a child to whom this section applies, the Board shall give due consideration, having regard to his age and understanding, to the wishes of the child.
(3) Subparagraph (ii) of paragraph (a) of subsection (1) of this section shall not apply in relation to an application for an adoption order made before the 31st day of December, 1965.
num: 4
paragraphs: —Section 3 of the Principal Act is hereby amended by the insertion before the definition of “adoption order” of the following definition: “‘adopted person’ means a person in respect of whom an adoption order has been made;”.
num: 5
paragraphs: —(1) Notwithstanding anything contained in subsection (3) of section 11 of the Principal Act, an adoption order may be made on the application of a married couple who have been married to each other for not less than three years and each of whom has attained the age of twenty-five years.
(2) Section 11 of the Principal Act is hereby amended by the substitution for subsection (4) of the following subsection:
“(4) An adoption order shall not be made unless the applicants are ordinarily resident in the State and have been so resident during the year ending on the date of the order.”
(3) Section 11 of the Principal Act is hereby amended by the deletion of subsection (5).
num: 6
paragraphs: —Section 12 of the Principal Act shall be construed and have effect as if the Salvation Army were included in the religious denominations specified in subsection (3) of that section.
num: 7
paragraphs: —Section 22 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:
“(3) If the date of the child's birth is unknown, the Board shall determine the probable date of birth and that date shall be entered as the child's date of birth and if the Board subsequently ascertains the actual date of the child's birth, the determination shall be cancelled and the adoption order relating to the child correspondingly amended and if the date of the child's birth is not the date determined as aforesaid, the entry shall be amended.”
num: 8
paragraphs: —Where, on an application for an adoption order in respect of a child, the Board is not satisfied as respects the matters referred to in section 13 of the Principal Act, it may make an order under section 17 of the Principal Act giving the custody of the child to the applicant for a probationary period if it is of opinion that, before the expiration of such period, it is likely to be satisfied as respects the matters referred to in the said section 17.
num: 9
paragraphs: —For the removal of doubt, it is hereby declared that, where an application is made to the Board for an adoption order, the Board has, and always has had, power to adjourn from time to time the making of a decision whether to make or refuse to make the order.
num: 10
paragraphs: —(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.
num: 11
paragraphs: —(1) Section 19 of the Principal Act is hereby repealed.
(2) Subsection (1) of this section shall come into operation on the 1st day of January, 1966.
num: 12
paragraphs: —(1) This Act may be cited as the Adoption Act, 1964.
(2) The Principal Act and this Act shall be construed together as one.
(3) The Principal Act and this Act may be cited together as the Adoption Acts, 1952 and 1964.