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ADOPTION ACT 1984 - SECT 79A

Adoption records

    (1)     The Registrar has the management and control of any records concerning adoptions which are in the possession of the County Court, Supreme Court and Magistrates' Courts at the date of coming into operation of section 8 of the Adoption (Amendment) Act 1987 .

S. 79A(2) amended by No. 57/1989 s. 3(Sch. item 6.1).

    (2)     For the purposes of sections 78 and 79, the Registrar may request from the Prothonotary of the Supreme Court, Registrar of the County Court and principal registrar of the Magistrates' Court that all records of those Courts concerning adoptions are given to the Registrar and those persons must ensure that the following records are given to the Registrar

        (a)     in the case of any court file relating to any time before the date of coming into operation of section 3(1), the entire file;

        (b)     in the case of any court file relating to any time after that date, the memorandum of the adoption order which must be sent to the Registrar in accordance with section 70.

S. 79A(3) amended by No. 57/1989 s. 3(Sch. item 6.2).

    (3)     Despite subsections (1) and (2), the Prothonotary of the Supreme Court, Registrar of the County Court and principal registrar of the Magistrates' Court may—

        (a)     have access to or obtain possession of the records in the Registrar's custody; and

        (b)     keep in their possession any records concerning adoptions for as long as they require them for the purposes of any matter before that Court.

S. 79A(4) amended by No. 57/1989 s. 3(Sch. item 6.3).

    (4)     If the Registrar requires any information for the purposes of section 78 or 79 and the records containing the information are not in the Registrar's possession, the Registrar may request the Prothonotary of the Supreme Court, Registrar of the County Court or principal registrar of the Magistrates' Court to conduct a reasonable search to locate any records held by that Court which may contain that information.

S. 79A(5) amended by No. 57/1989 s. 3(Sch. item 6.4).

    (5)     If the Registrar obtains under this section any records of the Supreme Court, County Court or Magistrates' Court or any other relevant information from any other source, the Registrar must ensure on an application under section 78 or  79 which is relevant to those records—

        (a)     that the records are added to the Register of Adoptions together with any other relevant documents which contain information which the Registrar considers to be evidence; and

        (b)     that the prescribed particulars obtained from those records or documents are entered in the Adopted Children Register in the prescribed form and the necessary entries are placed in the appropriate indexes.

S. 79B inserted by No. 67/1987 s. 8.



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