S.I. No. 134/1984:

ADOPTION RULES 1984.

ADOPTION RULES 1984.

An Bord Uchtála, with the consent of the Minister for Health and in exercise of the powers conferred on it by Section 5 of the Adoption Act, 1952 (No. 25 of 1952), hereby makes the following rules:--

1. These rules may be cited as the Adoption Rules, 1984.

2. The Adoption Rules, 1976 ( S.I. No. 216 of 1976 ) and these Rules shall be construed as one and may be cited together as the Adoption Rules, 1976 and 1984.

3. The forms 3C, 3D, 4C, 4D, 5C, 5D set out in the Schedule hereto may be used in the place of forms 3A, 3B, 4A, 4B, 5A, 5B respectively set out in the Schedule to the Adoption Rules, 1976.

GIVEN under the Official Seal of the Board, this 8th day of

May 1984.

AGNES B. CASSIDY,

Chairman.

The Minister for Health hereby consents to the foregoing Rules.

GIVEN under the Official Seal of the Minister for Health, this

24th day of May, 1984.

BARRY DESMOND,

Minister for Health.

SCHEDULE

CONSENT TO ADOPTION

Form 3C

(For use by the mother where the identity of the applicants is known to her)

In the matter of an application for the adoption of............................................................ .........................................

I, ............................................................ ............................................................ ..................(name and marital status)

of ............................................................ ............................................................ ............................................................ ...

aged twenty-one years and upwards (or, if under twenty-one, aged......................years) do solemnly and sincerely declare that:--

1. I am aware that an application is about to be made or has been made by................................................ of ..................................... for an adoption order in respect of the child ............................................................ 

2. I am the mother of the child.

3. I did/did not marry the father of the child. (a)

4. The child is not less than six weeks old, having been born on the ..........................................................

.........................................day of.................................................19............................................................ .....

5. I know that the religion of the male applicant is............................................................ ......................... and that the religion of the female applicant is ............................................................ .......................................

6. I understand that the nature and effect of an adoption order is that I shall lose all parental rights and that I shall be freed from all parental duties with respect to the child and that these rights and duties shall be transferred to the adopter or adopters.

7. I have been informed and I understand that An Bord Uchtála (Adoption Board) may make an adoption order in respect of the child referred to in paragraph 1 at any time after the signing of the consent.

8. I hereby freely give my consent to the making of an adoption order in pursuance of the application referred to above.

9. I have been informed and I understand that this consent may be withdrawn at any time before the making of the adoption order, by informing An Bord Uchtála, 65 Merrion Square, Dublin 2, and that on the making of the adoption order my consent becomes irrevocable.

10. I have been informed and I understand that I am entitled to be heard in person or to be represented by counsel or solicitor on the application for the adoption order or to be consulted again in relation to the application and that I should indicate my wishes in this respect in writing.

11. My wishes in respect of the matters referred to in paragraph 10 above are as follows:--

(i) I do/do not wish to be informed of the date on which the Board will, if I wish, hear me or my counsel or solicitor on the application for the adoption order. (a)

(ii) I do/do not wish to be heard in person or to be represented by counsel or solicitor on the application for the adoption order. (a)

(iii) I do/do not wish to be consulted again in relation to the application for the adoption order. (a)

12. I understand that this declaration may be used as evidence that I consent to the adoption order being made, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signature............................................................ .........................

Declared before me, by ............................................................ .................................................. (name of declarant)

who is personally known to me (or who is identified to me by ............................................................ .................

who is personally known to me), at ............................................................ ............................................................ ..

on this ...........................................day of............................................................ .......................19.........................

Signature............................................................ ..

Description (b) .....................................................

( a ) Delete words which do not apply.

( b ) This Declaration may be made before a Notary Public, a Commissioner for Oaths, a Peace (commissioner or a person authorised by law to take and receive statutory declarations.

CONSENT TO ADOPTION

Form 3D

(For use by persons other than mother where the identity of the applicant is known to the consenting party)

In the matter of an application for the adoption of............................................................ .....................

I, .......................................................(name and marital status) of............................................................ .........

............................................................ ............................................................ ......aged twenty-one years and upwards (or, if under twenty-one, aged...................years), do solemnly and sincerely declare that:--

1. I am aware that an application is about to be made or has been made by.........................of.....................for an adoption order in respect of the child............................................................ .....................................

2. I am/the father of the child/the guardian of the child/the person having charge of or control over the child (a).

3. I am the father of the child and I married the mother of the child. (a)

4. The child is not less than six weeks old, having been born on the ................................................day of................................................. 19...........................................................

5. I know that the religion of the male applicant is ....................................... and that the religion of the female applicant is............................................................ ............................................................ ...................

6. I understand that the nature and effect of an adoption order is that I shall lose all parental rights and that I shall be freed from all parental duties with respect to the child and that these rights and duties shall be transferred to the adopter or adopters.

7. I have been informed and I understand that An Bord Uchtála (Adoption Board) may make an adoption order in respect of the child referred to in paragraph 1 at any time after the signing of the consent.

8. I hereby freely give my consent to the making of an adoption order in pursuance of the application referred to above.

9. I have been informed and I understand that this consent may be withdrawn at any time before the making of the adoption order, by informing An Bord Uchtála, 65 Merrion Square, Dublin 2, and that on the making of the adoption order my consent becomes irrevocable.

10. I have been informed and I understand that I am entitled to be heard in person or to be represented by counsel or solicitor on the application for the adoption order or to be consulted again in relation to the application and that I should indicate my wishes in this respect in writing.

11. My wishes in respect of the matters referred to in paragraph 10 above are as follows:--

(i) I do/I do not wish to be informed of the date on which the Board will, if I wish, hear me or my counsel or solicitor on the application for the adoption order (a).

(ii) I do/I do not wish to be heard in person or to be represented by counsel or solicitor on the application for the adoption order (a).

(iii) I do/I do not wish to be consulted again in relation to the application for the adoption order (a).

12. I understand that this declaration may be used as evidence that I consent to the adoption order being made, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signature............................................................ .........

Declared before me, by ................................................(name of declarant) who is personally known to me (or who is identified to me by .................................who is personally known to me), at................................on this ........................................day of........................................................ 19.........................

( a ) Delete words which do not apply.

( b ) This Declaration may be made before a Notary Public, a Commissioner for Oaths, a Peace Commissioner or a person authorised by law to take and receive statutory declarations.

CONSENT TO ADOPTION

Form 4C

(For use by mother where the identity of the applicants is not known to her.)

In the matter of an application for the adoption of............................................................ ........................................

I, ............................................................ ............................................................ ..................(name and marital status)

of ............................................................ ............................................................ ............................................................ ..

aged twenty-one years and upwards (or, if under twenty-one, aged...................years) do solemnly and sincerely declare that:--

1. I have been informed and believe that an application has been made under serial number .....................

.............................................. (a) for an adoption order in respect of the child ............................................

2. I am the mother of the child.

3. I did/did not marry the father of the child. (b)

4. The child is not less than six weeks old, having been born on the ...............day of............19................

5. I know that the religion of the male applicant is ............................................................ ................................

and that the religion of the female applicant is............................................................ ..................................

6. I understand that the nature and effect of an adoption order is that I shall lose all parental rights and that I shall be freed from all parental duties with respect to the child and that these rights and duties shall be transferred to the adopter or adopters.

7. I have been informed and I understand that An Bord Uchtála (Adoption Board) may make an adoption order in respect of the child referred to in paragraph 1 at any time after the signing of the consent.

8. I hereby freely give my consent to the making of an adoption order in pursuance of the application referred to above.

9. I have been informed and I understand that this consent may be withdrawn at any time before the making of the adoption order, by informing An Bord Uchtála, 65 Merrion Square, Dublin 2, and that on the making of the adoption order my consent becomes irrevocable.

10. I have been informed and I understand that I am entitled to be heard in person or to be represented by counsel or solicitor on the application for the adoption order or to be consulted again in relation to the application and that I should indicate my wishes in this respect in writing.

11. My wishes in respect of the matters referred to in paragraph 10 above are as follows:--

(i) I do/I do not wish to be informed of the date on which the Board will, if I wish, hear me or my counsel or solicitor on the application for the adoption order. (b)

(ii) I do/I do not wish to be heard in person or to be represented by counsel or solicitor on the application for the adoption order. (b)

(iii) I do/I do not wish to be consulted again in relation to the application for the adoption order. (b)

12. I understand that this declaration may be used as evidence that I consent to the adoption order being made and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signature ............................................................ ...

Declared before me, by ................................................ (name of declarant) who is personally known to me (or who is identified to me by ............................................................ .........who is personally known to me), at ............................. on this............................ day of.................... 19............................................................ ....................

Signature ............................................................ .......................

Description (c) ............................................................ ...............

( a ) Where the identity of the applicant is not known to the consenting party the applicant should request the Board to assign a serial number to the application and this number should be inserted here.

( b ) Delete words which do not apply.

( c ) This Declaration may be made before a Notary Public, a Commissioner for Oaths, a Peace Commissioner or a person authorised by law to take and receive statutory declarations.

CONSENT TO ADOPTION

Form 4D

(For use by persons other than mother where the identify of the applicants is not known to the consenting party)

In the matter of an application for the adoption of ............................................................ .........................................

I, ............................................................ ............................................................ .................... (name and marital status)

of............................................................ ............................................................ ............................................................ ...

aged twenty-one years and upwards (or, if under twenty-one, aged ..........................................................years) do solemnly and sincerely declare that:--

1. I have been informed and believe that an application has been made under serial number ....................

(a) for an adoption order in respect of the child ............................................................ ................................

2. I am the father of the child/the guardian of the child/the person charge of or control over the child. (b)

3. I am the father of the child and I married the mother of the child. (b)

4. The child is not less than six weeks old, having been born on the ........................day of........................

................................................19............................................................ ............................................................ ....

5. I know that the religion of the male applicant is ............................................................ ........................... and that the religion of the female applicant is............................................................ .............................................

6. I understand that the nature and effect of an adoption order is that I shall lose all parental rights and that I shall be freed from all parental duties with respect to the child and that these rights and duties shall be transferred to the adopter or adopters.

7. I have been informed and I understand that An Bord Uchtála (Adoption Board) may make an adoption order in respect of the child referred to in paragraph 1 at any time after the signing of the consent.

8. I hereby freely give my consent to the making of an adoption order in pursuance of the application referred to above.

9. I have been informed and I understand that this consent may be withdrawn at any time before the making of the adoption order, by informing An Bord Uchtála, 65 Merrion Square, Dublin 2, and that on the making of the adoption order my consent becomes irrevocable.

10. I have been informed and I understand that I am entitled to be heard in person or to be represented by counsel or solicitor on the application for the adoption order or to be consulted again in relation to the application and that I should indicate my wishes in this respect in writing.

11. My wishes in respect of the matters referred to in paragraph 10 above are as follows:--

(i) I do/I do not wish to be informed of the date on which the Board will, if I wish, hear me or my counsel or solicitor on the application for the adoption order. (b)

(ii) I do/I do not wish to be heard in person or to be represented by counsel or solicitor on the application for the adoption order. (b)

(iii) I do/I do not wish to be consulted again in relation to the application for the adoption order. (b)

12. I understand that this declaration may be used as evidence that I consent to the adoption order being made and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signature ............................................................ ...

Declared before me, by ................................................ (name of declarant) who is personally known to me (or who is identified to me by ............................................................ ......... who is personally known to me), at ............................. on this............................ day of .................... 19............................................................ ....................

Signature ............................................................ .......................

Description (c) ............................................................ ...............

( a ) Where the identity of the applicant is not known to the consenting party the applicant should request the Board to assign a serial number to the application and this number should be inserted here.

( b ) Delete words which do not apply.

( c ) This Declaration may be made before a Notary Public, a Commissioner for Oaths, a Peace Commissioner or a person authorised by law to take and receive statutory declarations.

CONSENT TO ADOPTION

Form 5C

(For use where the applicant is a widower and is known to the consenting party)

In the matter of an application for the adoption of ............................................................ .........................................

I, ............................................................ ............................................................ .................... (name and marital status)

of ............................................................ ............................................................ ............................................................ ...

aged twenty-one years and upwards (or, if under twenty-one, aged ................... years) do solemnly and sincerely declare that:--

1. I am aware that an application is about to be made or has been made by ..................... of..................... for an adoption order in respect of the child ............................................................ ...............................................

2. I am the mother/father /guardian of the child/person having charge of or control over the child. (a)

3. (To be completed by the mother only) I did/did not marry the father of the child. (a)

4. I am the father of the child and I married the mother of the child. (a)

5. The child is not less than six weeks old, having been born on the ................ day of ........... 19 ................

6. I know that the religion of the applicant is ............................................................ ............................................

7. I understand that the nature and effect of an adoption order is that I shall lose all parental rights and that I shall be freed from all parental duties with respect to the child and that these rights and duties shall be transferred to the adopter.

8. I have been informed and I understand that An Bord Uchtála (Adoption Board) may make an adoption order in respect of the child referred to in paragraph 1 at any time after the signing of the consent.

9. I hereby freely give my consent to the making of an adoption order in pursuance of the application referred to above and I know that the applicant is a widower.

10. I have been informed and I understand that this consent may be withdrawn at any time before the making of the adoption order, by informing An Bord Uchtála, 65 Merrion Square, Dublin 2, and that on the making of the adoption order my consent becomes irrevocable.

11. I have been informed and I understand that I am entitled to be heard in person or to be represented by counsel or solicitor on the application for the adoption order or to be consulted again in relation to the application and that I should indicate my wishes in this respect in writing.

12. My wishes in respect of the matters referred to in paragraph 11 above are as follows:--

(i) I do/I do not wish to be informed of the date on which the Board will, if I wish, hear me or my counsel or solicitor on the application for the adoption order. (a)

(ii) I do/I do not wish to be heard in person or to be represented by counsel or solicitor on the application for the adoption order. (a)

(iii) I do/I do not wish to be consulted again in relation to the application for the adoption order. (a)

13. I understand that this declaration may be used as evidence that I consent to the adoption order being made and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signature .......................................

Declared before me, by ............................................................ ................................................... (name of declarant)

who is personally known to me (or who is identified to me by ............................................................ .................

who is personally known to me), at ............................................................ ............................................................ ....

on this ......................................................... day of ............................................................  19......................................

Signature .......................................

Description (b) ................................

( a ) Delete words which do not apply.

( b ) This Declaration may be made before a notary Public, a Commissioner for Oaths, a Peace Commissioner or a person authorised by law to take and receive statutory declarations.

CONSENT TO ADOPTION

Form 5D

(For use where the applicant is a widower and is not known to the consenting party).

In the matter of an application for the adoption of ............................................................ ......................................

I, ............................................................ ............................................................ .................. (name and marital status)

of ............................................................ ....................................................aged twenty-one years and upwards (or, if under twenty-one, aged ............................................................ ................................. years) do solemnly and sincerely declare that:--

1. I have been informed and believe that an application has been made under serial number .....................

(a) for an adoption order in respect of the child ............................................................ ...............................

2. I am the mother of the child/father of the child/guardian of the child/person having charge of or control over the child. (b)

3. (To be completed by the mother only) I did/did not marry the father of the child. (b)

4. I am the father of the child and I married the mother of the child. (b)

5. The child is not less than six weeks old, having been born on the ....... day of ........... 19 ..........................

6. I know that the religion of the applicant is ............................................................ ............................................

7. I understand that the nature and effect of an adoption order is that I shall lose all parental rights and that I shall be freed from all parental duties with respect to the child and that these rights and duties shall be transferred to the adopter.

8. I have been informed and I understand that An Bord Uchtála (Adoption Board) may make an adoption order in respect of the child referred to in paragraph 1 at any time after the signing of the consent.

9. I hereby freely give my consent to the making of an adoption order in pursuance of the application referred to above and I know that the applicant is a widower.

10. I have been informed and I understand that this consent may be withdrawn at any time before the making of the adoption order, by informing An Bord Uchtála, 65 Merrion Square, Dublin 2, and that on the making of the adoption order my consent becomes irrevocable.

11. I have been informed and I understand that I am entitled to be heard in person or to be represented by counsel or solicitor on the application for the adoption order or to be consulted again in relation to the application and that I should indicate my wishes in this respect in writing.

12. My wishes in respect of the matters referred to in paragraph 11 above are as follows:--

(i) I do/I do not wish to be informed of the date on which the Board will, if I wish, hear me or my counsel or solicitor on the application for the adoption order. (b)

(ii) I do/I do not wish to be heard in person or to be represented by counsel or solicitor on the application for the adoption order. (b)

(iii) I do/I do not wish to be consulted again in relation to the application for the adoption order. (b)

13. I understand that this affidavit may be used as evidence that I consent to the adoption order being made and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signature ...................................................

Declared before me, by ................................................ (name of declarant) who is personally known to me (or who is identified to me by ................................. who is personally known to me), at ................................ on this ......................................................... day of ............................................................  19.................................................

Signature ........................................

Description (c) ...............................

( a ) Where the identity of the applicant is not known to the consenting party the applicant should request the Board to assign a serial number to the application and this number should be inserted here.

( b ) Delete words which do not apply.

( c ) This Declaration may be made before a Notary Public, a Commissioner for Oaths, a Peace Commissioner or a person authorised by law to take and receive statutory declarations.

EXPLANATORY NOTE.

These Rules prescribe forms which may be used for the purposes of the Adoption Acts 1952 to 1976, being in the form of a statutory declaration in accordance with the Statutory Declarations Act, 1938 . They are to be read together with the Adoption Rules of 1976 ( S.I. No. 216 of 1976 ).