Adoption Act, 1952
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —This Act may be cited as the Adoption Act, 1952.
num: 2
paragraphs: —This Act shall come into operation on such day as the Minister may by order appoint.
num: 3
paragraphs: —In this Act—
“adoption order” means an order under section 9;
“the Board” means the body established by section 8;
“child” means (save where the context otherwise requires) any person under twenty-one years of age;
“guardian”, in relation to a child, means a person appointed, according to law, to be guardian of his person by deed or will or by order of a court of competent jurisdiction;
“interim order” means an order under section 17;
“the Minister” means the Minister for Justice;
“orphan” means a child whose parents are dead;
“parent” does not include the natural father of an illegitimate child;
“prescribed” means prescribed by rules made under section 5;
“registered adoption society” means a body of persons entered in the Adoption Societies Register;
“relative” means grandparent, brother, sister, uncle or aunt, whether of the whole blood, of the half-blood or by affinity, relationship to an illegitimate child being traced through the mother only.
num: 4
paragraphs: —In this Act references to the making of arrangements for the adoption of a child shall be construed as including references to—
(a) the making of any agreement or arrangement for, or facilitating, the adoption or maintenance of the child by any person, and
(b) the initiation of or taking part in any negotiations of which the purpose or effect is the making of any such agreement or arrangement, and
(c) the causing of another to initiate or take part in any such negotiations.
num: 5
paragraphs: —The Board, with the consent of the Minister, may make rules for the regulation of its procedure or for any matter referred to in this Act as prescribed.
num: 6
paragraphs: —Where an offence under this Act is committed by a body corporate and is proved to have been facilitated by any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, that person shall also be guilty of the offence and may be proceeded against and punished accordingly.
num: 7
paragraphs: —The expenses incurred by a Minister of State or the Board in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 8
paragraphs: —(1) There shall be a body to be known as An Bord UchtÃ¡la (in this Act referred to as the Board) to fulfil the functions assigned to it by this Act.
(2) The Board shall consist of a Chairman and six ordinary members.
(3) The Chairman and the ordinary members shall be appointed by the Government.
(4) A person shall not be appointed Chairman unless he is or has been a Judge of the Supreme Court, the High Court or the Circuit Court or a Justice of the District Court or is a barrister or solicitor of at least ten years' standing.
(5) The Board may act notwithstanding the existence of one vacancy in its membership.
num: 9
paragraphs: —(1) The Board may, on the application of a person desiring to adopt a child, make an order for the adoption of the child by that person.
(2) Where the applicants are a married couple the order shall be for the adoption of the child by them jointly.
num: 10
paragraphs: —An adoption order shall not be made unless the child—
(a) resides in the State, and
(b) is, at the date of the application, not less than six months and not more than seven years of age, and
(c) is illegitimate or an orphan.
num: 11
paragraphs: —(1) An adoption order shall not be made unless—
(a) the applicants are a married couple who are living together, or
(b) the applicant is the mother or natural father or a relative of the child, or
(c) the applicant is a widow.
(2) Save in the case of a married couple living together, an order shall not be made for the adoption of a child by more than one person.
(3) An adoption order shall not be made unless—
(a) the applicant and, if the applicants are a married couple, each of them has attained the age of thirty years, or
(b) the applicant has attained the age of twenty-one years and is the mother, natural father or a relative of the child, or
(c) the applicants are a married couple and the wife is the mother of the child and she or her husband has attained the age of twenty-one years, or
(d) the applicants are a married couple and one of them is the natural father or a relative of the child and each of them has attained the age of twenty-one years.
(4) An adoption order shall not be made unless the applicants reside in the State.
(5) An adoption order shall not be made unless the applicant or, if the applicants are a married couple, the husband is an Irish citizen or has been ordinarily resident in the State during the five years preceding the date of the application.
num: 12
paragraphs: —(1) An adoption order shall not be made unless the conditions of this section in regard to religion are fulfilled.
(2) The applicant or applicants shall be of the same religion as the child and his parents or, if the child is illegitimate, his mother.
(3) The Board may, having regard to the special circumstances of a particular case, make an adoption order although the persons referred to in subsection (2) are not all of the same religion, provided that each of them is a member of one of the following religious denominations, namely, the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, the Baptist Union of Ireland and the Brethren, commonly known as the Plymouth Brethren.
(4) The religion of a parent who is dead shall be taken to be the religion at the time of death.
(5) A child's religion shall be taken to be that in which he is being brought up.
(6) The Board shall have discretion to dispense with the condition as to the religion of a parent if unable to ascertain it.
num: 13
paragraphs: —(1) The Board shall not make an adoption order unless satisfied that the applicant is of good moral character, has sufficient means to support the child and is a suitable person to have parental rights and duties in respect of the child.
(2) Where the applicants are a married couple, the Board shall satisfy itself as to the moral character and suitability of each of them.
num: 14
paragraphs: —(1) An adoption order shall not be made without the consent of every person being the child's mother or guardian or having charge of or control over the child, unless the Board dispenses with any such consent in accordance with this section.
(2) The Board may dispense with the consent of any person if the Board is satisfied that that person is incapable by reason of mental infirmity of giving consent or cannot be found.
(3) The consent of a ward of court shall not be dispensed with except with the sanction of the Court.
(4) A person may give consent to the making of an adoption order without knowing the identity of the applicant for the order.
(5) A consent shall be given in writing in the prescribed form.
(6) A consent may be withdrawn at any time before the making of an adoption order.
num: 15
paragraphs: —(1) A consent shall not be valid unless it is given after the child has attained the age of six months and not earlier than three months before the application for adoption.
(2) (a) If the mother of an illegitimate child changes her religion within twelve months before the birth of the child, her consent to the adoption of the child shall not be valid unless it is given after the child attains the age of one year.
(b) If she changes her religion within twelve months after the birth, her consent shall not be valid unless given at least twelve months after the date which the Board accepts as the date of her change of religion.
(3) The Board shall satisfy itself that every person whose consent is necessary and has not been dispensed with has given consent and understands the nature and effect of the consent and of the adoption order.
num: 16
paragraphs: —(1) The following persons and no other persons shall be entitled to be heard on an application for an adoption order—
(a) the applicants,
(b) the mother of the child,
(c) the guardian of the child,
(d) a person having charge of or control over the child,
(e) a relative of the child,
(f) a representative of a registered adoption society which is or has been at any time concerned with the child,
(g) a priest or minister of a religion recognised by the Constitution (or, in the case of any such religion which has no ministry, an authorised representative of the religion) where the child or a parent (whether alive or dead) is claimed to be or to have been of that religion,
(h) an officer of the Board,
(i) any other person whom the Board, in its discretion, decides to hear.
(2) A person who is entitled to be heard may be represented by counsel or solicitor.
(3) The Board may hear the application wholly or partly in private.
(4) Where the Board has notice of proceedings pending in any court of justice in regard to the custody of a child in respect of whom an application is before the Board, the Board shall make no order in the matter until the proceedings have been disposed of,
num: 17
paragraphs: —(1) On an application for an adoption order the Board, in circumstances in which it would be lawful to make the adoption order, may, if it thinks fit, adjourn the application and make an order (in this Act referred to as an interim order) giving the custody of the child to the applicant for a probationary period not exceeding two years.
(2) The Board may attach to the interim order conditions in regard to the maintenance, education and supervision of the welfare of the child.
(3) The Board may revoke the interim order and shall revoke it at the request of the person to whom custody of the child has been given or of the mother or guardian of the child.
(4) A person who contravenes, whether by act or omission, a condition of an interim order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months or to both.
num: 18
paragraphs: —Where the adopters (or sole adopter) of a child have died, a further adoption order may be made in accordance with this Act in respect of the child and, for this purpose, the child shall be taken to be the lawful child of the deceased adopters or adopter.
num: 19
paragraphs: —(1) Where a person applies for an adoption order within the time limited by subsection (5) and satisfies the Board that he has had the child under his care from a date before the passing of this Act, the provisions of this section shall have effect.
(2) The adoption order may be made although the child was, at the date of the application, over seven years of age.
(3) If the child has been living with the applicant for at least three years and the Board is satisfied that the child's mother consented to his adopting the child as his own, the Board may dispense with her consent under section 14.
(4) The Board shall give due consideration to the wishes of the child having regard to his age and understanding.
(5) An application under this section shall be made within two years after the commencement of this Act or within such further period as the Board in any particular case may for reasonable cause allow.
num: 20
paragraphs: —(1) The Board may (and, if so requested by an applicant for an adoption order, the mother or guardian of the child or any person having charge of or control over the child, shall, unless it considers the request frivolous) refer any question of law arising on an application for an adoption order to the High Court for determination.
(2) Subject to rules of court, a case stated under this section may be heard in camera.
num: 21
paragraphs: —The Board may amend an adoption order by correcting any error in the particulars contained therein.
num: 22
paragraphs: —(1) An tArd-ChlÃ¡raitheoir shall maintain an Adopted Children Register.
num: 23
paragraphs: —A public assistance authority may, at their discretion, contribute towards the expenses incurred by any person in connexion with an application for an adoption order in respect of a child towards whose support they are entitled to contribute.
num: 24
paragraphs: —Upon an adoption order being made—
(a) the child shall be considered with regard to the rights and duties of parents and children in relation to each other as the child of the adopter or adopters born to him, her or them in lawful wedlock;
(b) the mother or guardian shall lose all parental rights and be freed from all parental duties with respect to the child.
num: 25
paragraphs: —Upon an adoption order being made in a case in which the adopter (or, where the adoption is by a married couple, the husband) is an Irish citizen the child, if not already an Irish citizen, shall be an Irish citizen.
num: 26
paragraphs: —(1) Where, at any time after the making of an adoption order, an adopter or the adopted person or any other person dies intestate in respect of any real or personal property (other than property subject to an entailed interest under a disposition made before the date of the adoption order), that property shall devolve in all respects as if the adopted person were the child of the adopter born in lawful wedlock and were not the child of any other person.
(2) In any disposition of real or personal property made, whether by instrument inter vivos or by will (including codicil), after the date of an adoption order—
(a) any reference (whether express or implied) to the child or children of the adopter shall, unless the contrary intention appears, be construed as, or as including, a reference to the adopted person;
(b) any reference (whether express or implied) to the child or children of the adopted person's natural parents or either of them shall, unless the contrary intention appears, be construed as not being, or as not including, a reference to the adopted person; and
(c) any reference (whether express or implied) to a person related to the adopted person in any degree shall, unless the contrary intention appears, be construed as a reference to the person who would be related to him in that degree if he were the child of the adopter born in lawful wedlock and were not the child of any other person.
(3) For the purpose of the devolution of any property in accordance with this section and for the purpose of the construction of any disposition to which subsection (2) applies, an adopted person shall be deemed to be related to any other person being the child or adopted child of the adopter or, where the adopters are a married couple, of either of them—
(a) where the adopters are a married couple and the other person is the child or adopted child of both spouses—as brother or sister of the whole blood;
(b) in any other case—as brother or sister of the half-blood.
(4) Notwithstanding any rule of law, a disposition made by will or codicil executed before the date of an adoption order shall not be treated for the purposes of this section as made after that date by reason only that the will or codicil is confirmed by a codicil executed after that date.
(5) Where an adoption order is made in respect of a person who had been previously adopted, such previous adoption shall be disregarded for the purposes of this section in relation to the devolution of any property on the death of a person dying intestate after the date of the subsequent adoption order and in relation to any disposition of property after that date.
num: 27
paragraphs: —For the purposes of—
(a) succession duty and legacy duty,
(b) the stamp duties chargeable on conveyances or transfers of land, and
(c) exemption from customs duty under paragraph (b) of section 18 of the Finance Act, 1936 (No. 31 of 1936) (which relates to the importation of articles of inheritance)
an adopted person shall be considered as the child of the adopter or adopters born to him, her or them in lawful wedlock and not to be the child of any other person.
num: 28
paragraphs: —For the purposes of—
(a) the Fatal Accidents Acts 1846 to 1908, and
(b) the Workmen's Compensation Acts, 1934 and 1948,
an adopted person shall be considered as the child of the adopter or adopters born to him, her or them in lawful wedlock and not to be the child of any other person.
num: 29
paragraphs: —(1) Subject to subsection (2), the validity of an adoption order in respect of an illegitimate child and the provisions of this Act in regard to the effects of the order shall not be affected by the subsequent marriage of his natural parents and the Legitimacy Act, 1931 (No. 13 of 1931), shall not apply to the child unless the order is set aside.
(2) (a) Subsection (1) shall not apply where the child has been adopted by one of his natural parents and their subsequent marriage would, apart from that subsection, legitimate the child.
(b) In that case, the Legitimacy Act, 1931 , shall apply and the adoption order shall cease to be in force.
(c) Upon the re-registration of the birth of the child under that Act an tArd-ChlÃ¡raitheoir shall cancel the entry in the Adopted Children Register and notify the Board accordingly.
num: 30
paragraphs: —(1) For the purposes of the enactments for the time being in force relating to friendly societies and industrial assurance companies, which enable such societies and companies to insure money to be paid for funeral expenses and restrict the persons to whom money may be paid on the death of a child under ten years of age, an adopted child shall be considered as the child of the adopter or adopters born to him, her or them in lawful wedlock and not to be the child of any other person.
(2) Where, before the making of an adoption order, any such insurance has been effected by a person who, in pursuance of this Act, has given consent to the making of the order, the rights and liabilities under the policy shall by virtue of the adoption order stand transferred to the adopter (or, where a married couple are the adopters, to the husband) who shall, for the purpose of the said enactments, be treated as the person who took out the policy.
num: 31
paragraphs: —(1) Where an adoption order is made in respect of an illegitimate child, then, unless the mother is an adopter, any affiliation order in force with respect to the child and any agreement whereby the natural father of the child has undertaken to make payments specifically for the benefit of the child shall cease to have effect, but without prejudice to the recovery of any arrears which are due under the order or agreement at the date of the adoption order.
(2) Where an adoption order is made in respect of a child committed to the care of a fit person by an order in force under the Children Act, 1908, the committal order shall cease to have effect.
num: 32
paragraphs: —Part I of the Children Act, 1908, as amended by the Children Act, 1934 (No. 15 of 1934) (which relates to the nursing and maintenance of children for reward), shall, in relation to a child who is the subject of an adoption order or an interim order, not apply to an adopter or to a person in whose favour the interim order was made.
num: 33
paragraphs: —Upon an adoption order being made a resolution in force in respect of the child under section 45 of the Public Assistance Act 1939 (No. 27 of 1939), shall terminate.
num: 34
paragraphs: —(1) It shall not be lawful for any body of persons to make or attempt to make any arrangements for the adoption of a child under seven years of age unless that body is a registered adoption society or a public assistance authority or for that purpose to retain a child in their custody or arrange to have him retained by any other person or body.
(2) If any person takes any part in the management or control of a body of persons which exists wholly or in part for the purpose of making arrangements for adoption, and which is not a registered adoption society or a public assistance authority, he shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both.
(3) In any proceedings under this section, proof of things done or of words written, spoken, or published (whether or not in the presence of any party to the proceedings) by any person taking part in the management or control of a body of persons, or in making arrangements for adoption on behalf of the body, shall be admissible as evidence of the purpose for which that body exists.
num: 35
paragraphs: —(1) The Board shall keep an Adoption Societies Register (in this Part referred to as the register).
(2) The register shall be open to public inspection during ordinary office hours.
(3) Entries in the register shall be in the prescribed form and contain the prescribed particulars.
num: 36
paragraphs: —(1) Subject to the provisions of this section, the Board shall enter in the register any body of persons which applies to be registered and furnishes to the Board such information as the Board may think necessary to enable it to determine if the body is entitled to be registered.
(2) The Board shall not register any body of persons unless the Board is satisfied—
(a) that the body is one which exists only for the purpose of promoting charitable, benevolent or philanthropic objects, whether or not any such object is charitable within the meaning of any rule of law, and
(b) that the body is competent to discharge the obligations imposed upon registered adoption societies under this Act.
(3) The Board may refuse to register any body of persons if it appears to the Board that any person who takes part in the management or control of the body or who is engaged on its behalf in connection with the making of arrangements for adoption is not a fit and proper person to act.
num: 37
paragraphs: —The Board may cancel the registration of a registered adoption society on any ground which would require or entitle the Board to refuse an application for the registration of the society or if it appears to the Board that the requirements of this Act are not being adequately complied with by the society or if an offence under this Act is committed by the society or by any person acting on its behalf.
num: 38
paragraphs: —(1) A registered adoption society and every officer of the society or other person taking part in its management or control shall—
(a) furnish the Board with such information as the Board may from time to time by notice in writing require in regard to its constitution, membership, employees, organisation and activities;
(b) at all reasonable times permit a member or authorised officer of the Board to inspect and make copies of all books and documents relating to adoption in the possession or control of the society.
(2) A person who contravenes, whether by act or omission, a provision of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.
num: 39
paragraphs: —(1) Where the mother or guardian of a child proposes to place the child at the disposal of a registered adoption society for adoption under this Act the society shall, before accepting the child—
(a) furnish that person with a statement in writing in the prescribed form explaining clearly—
(i) the effect of an adoption order upon the rights of a mother or guardian, and
(ii) the provisions of this Act relating to consent to the making of an adoption order; and
(b) ensure that the person understands the statement and that he signs a document to that effect.
(2) In the case of failure to comply with any of the requirements of subsection (1), the society, every person who takes part in its management or control and every person concerned in the acceptance of the child on behalf of the society shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.
num: 40
paragraphs: —(1) No person shall remove out of the State a child under seven years of age who is an Irish citizen or cause or permit such removal.
(2) Subsection (1) shall not apply to the removal of an illegitimate child under one year of age by or with the approval of the mother or, if the mother is dead, of a relative for the purpose of residing with the mother or a relative outside the State.
(3) Subsection (1) shall not apply to the removal of a child (not being an illegitimate child under one year of age) by or with the approval of a parent, guardian or relative of the child.
(4) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both.
num: 41
paragraphs: —(1) No person shall publish or cause to be published any advertisement indicating—
(a) that a parent or guardian of a child under seven years of age desires to have the child adopted, or
(b) that a person desires to adopt such a child, or
(c) that a person (not being a registered adoption society or a public assistance authority) is willing to make arrangements for the adoption of such a child.
(2) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.
num: 42
paragraphs: —(1) An adopter, parent or guardian of a child shall not receive or agree to receive any payment or other reward in consideration of the adoption of the child under this Act.
(2) No person shall make or give or agree to make or give any payment or reward the receipt of which is prohibited by subsection (1).
(3) (a) A person who makes arrangements for the adoption of a child shall not receive, make or give any payment or other reward in consideration of the making of the arrangements or agree to do so.
(b) This subsection does not apply to—
(i) payments made for the maintenance of the child;
(ii) solicitors' remuneration for professional services.
(4) A person who contravenes a provision of this section shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both.
num: 43
paragraphs: —If any person knowingly makes any false statement or furnishes any false information to the Board or a member or authorised officer of the Board or aids or abets another person to do so, he shall be guilty of an offence and, without prejudice to any other penalty to which he may be liable, shall, on summary conviction, be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both.