19Discharge of adoption orders

19 Discharge of adoption orders

(1) An eligible person may apply to the Court for an order discharging an order for the adoption of a child made under this Act or any corresponding previous enactment on the grounds—

(a) that the adoption order or a consent for the purposes of the adoption order was obtained by fraud, duress or other improper means; or

(b) that special circumstances exist why the adoption order should be discharged.

(2) In subsection (1)—

S. 19(2)(a) amended by No. 46/1998

(a) eligible person means the adopted child to whom the adoption order relates, a natural parent of the adopted child, an adoptive parent of the adopted child, the Secretary or the principal officer of the approved agency by which the adoption was arranged; and

(b) a reference to special circumstances includes a reference to an irretrievable breakdown of the relationship between the adoptive parents and the adopted person.

(3) Where an application is made under subsection (1), the Court shall, if satisfied that there may be grounds on which an order may be made, direct that an investigation be made into the circumstances under which the application is made.

S. 19(4) amended by Nos 69/1989 s. 11(1)(a), 46/1998
s. 7(Sch. 1), 32/2015 s. 5, 20/2022 s. 53.

(4) An investigation under subsection (3) shall be made by the Secretary and, where the Court so directs, by a person nominated by the Secretary.

S. 19(5) amended by No. 32/2000 s. 14(1).

(5) The Court shall, after consideration of a report of an investigation carried out under subsection (3), if it is satisfied that the adoption order should be discharged, make an order for the discharge of the adoption order.

S. 19(5A) inserted by No. 32/2000 s. 14(2).

(5A) The Court shall not make an order for the discharge of an adoption order unless the Court is satisfied that the welfare and interests of the child would be promoted by the discharge of the adoption order.

(6) Where the Court makes an order discharging an adoption order, then, unless the Court otherwise orders, any consent given under this Act for the purposes of the adoption of the child ceases to have effect.

(7) Where the Court makes an order under this section, it may, at the same time or subsequently, make such consequential or ancillary orders as it thinks necessary in the interests of justice or the welfare and interests of the child, including orders relating to—

(a) the name of the child;

(b) the ownership of property;

(c) the custody or guardianship of the child; or