The Adoption (Amendment) Act 2017 came into effect on 19 October 2017. This legislation changes various parts of the Adoption Act 2010, which govern how all adoptions in Ireland are carried out.
The main changes in the Amendment Act include:
- All children can now be considered equally in terms of eligibility for adoption. The fact that they were adopted previously or born to married parents is no longer an automatic restriction.
- The best interest of the child are recognised as the most important consideration in any adoption application. There is a detailed list of considerations in the amendment to be applied when determining the best interest of the child. These focus on how an adoption will likely affect the child and it also makes it clear that the child’s own opinion is very important.
- A distinction about a child being over or under 7 years of age when being adopted has been removed. Now the only legal distinction about a child’s age is that he/she must be under 18 years of age.
- Any couple living together in a civil partnership or cohabiting together for at least 3 years can now apply to adopt a child. Previously only married couples or individuals applicants could apply to adopt.
- Step-parents can now apply to adopt their partner’s child without the partner (who is already the biological parent of the child) also applying to adopt the child.
- Relevant non-guardians are now recognised in the Act. The definition of relevant non-guardian is broad but in basic terms is a person who is recognised as the parent of a child but is not a guardian, or is a type of guardian who does not have the right to consent to an adoption. They have a right to be consulted about the adoption of the child, similar to what fathers (without guardianship rights) already had under the provisions of the Act.
- Cases which need to be decided by the High Court, when the parents of the child cannot or will not consent to an adoption, now require more consideration to the attempts of those parents to raise the child. For example, the child must be out of their care for a longer period of time.
Treoir will update all relevant information and leaflets as soon as possible.
In the meantime, if you would like to talk through your individual situation please call us on our confidential phoneline 01 6700120.
The Adoption (Identity and Information) Bill, when enacted, will give adopted people a legal right to information about their birth parents. Article 8 of the United Nations Convention on the Rights of the Child states that parties undertake to respect the right of the child to (preserve) his/her identity. If enacted the legislation will go a long way toward ensuring that the rights of adopted children are respected in this way.
Adoption is a legal process that allows a parent to place her/his baby with another family permanently. It ends the legal relationship between the birth parents and their baby and marks the beginning of a new and legal relationship between a baby and her/his adoptive parents. A baby becomes a member of the adoptive family as if s/he was born into that family.
- Your local pregnancy counselling service, see www.positiveoptions.ie or freetext LIST to 50444 for a list of free, state-funded crisis pregnancy counselling agencies. A counsellor can discuss the adoption process with you.
- The adoption service in TUSLA, the Child and Family Agency local office.
- A duty social worker in the Adoption Authority.
For a list of state-funded crisis pregnancy counselling agencies, see www.positiveoptions.ieor freetext LIST to 50444.
To contact your local adoption service, see TUSLA, the Child and Family Agency local office.
The Adoption Authority of Ireland
Shelbourne House, Shelbourne Road, Dublin 4
Tel: 01 230 9300
Duty Social Worker: 01 230 9306 (Social Work Counselling Calls Only)
Web: www.aai.gov.ie
E-Mail: info@aai.gov.ie
Step Parent Adoption
Step-parents can apply to adopt their spouse’s or partner’s child without the partner.
Step Parent Adoption Information
Step-parents can apply to adopt their spouse’s or partner’s child without the partner, who is already the biological parent of the child, also applying to adopt the child. The interpretation of “step-parent” includes the civil partner of a parent of the child; a cohabitant couple where the other cohabitant is a parent of the child; and the spouse of a parent of the child. The child must have lived with the biological parent and partner together for a minimum of 2 years.
The biological parent can consent to the adoption while keeping parental rights and responsibilities. Once the adoption order is made, the biological parent will share the parental rights and responsibilities with the spouse or partner.
The effect of step-parent adoption is:
- the step-parent becomes the adoptive parent with full parental rights and responsibilities in respect of the child
- the family can all have the same surname
- the biological father has no further rights or responsibilities to the child and will have no possibility of getting rights in the future
- the child will have the same rights, including succession rights, as any subsequently born children of either parent born both inside or outside of marriage
- where the adoption takes place within a marriage, the adoption creates a legal family unit with constitutional protection as if the child had been born into that family unit.
The child will have a certificate which is a copy of the entry in the Adopted Children’s Register.
*Note: the same rules will apply if a father who is a guardian and has the primary care (custody) of his child wishes to apply to adopt the child with someone other than the mother.
Adoption completely severs all legal links between the child and her/his birth parent and extended family. This means that following the adoption the other birth parent has no legal right to have contact with the child. The adoptive parents may agree that the birth parent can stay in touch but if this agreement breaks down he/she does not have the right to go to court to look for access.
Adoption changes the identity of the child and obscures her/his birth details. Children need to know the truth about themselves. They need to know who they are, where they came from and where they fit in. Where a child is in a family with a parent who is not his/her birth parent, it is important that this fact is acknowledged and that opportunities are found to discuss these issues with the child in an open and honest manner. Even if a child has had no contact with the birth father/mother in general it is important for the child to know about the father/mother and his/her family.
Apply directly to TUSLA the Child and Family Agency, local office.
TUSLA the Child and Family Agency may forward the application for assessment to an accredited assessment agency. In order to decide if adoption is appropriate the assigned social worker will make a number of visits to the family home. This is to ensure that the child and the step-parent are bonding well and that adoption is in the best interest of the child. The social worker will want to talk to younger children to ensure that they understand what is happening. If, on receipt of a report from TUSLA the Child and Family Agency, the Adoption Authority is satisfied that adoption is appropriate and that all legal requirements are met the adoption order will be granted. The views of the child shall be ascertained by the Adoption Authority or by the court, as the case may be, and shall be given due weight, having regard to the age and maturity of the child.
The mother is automatically a guardian of her child and her consent is always required before an adoption order can be made. If the child’s biological father is a legal guardian his consent to the adoption is required by law. Any other guardian of the child will be required to give consent for the adoption to take place such as non-parental guardians appointed by the court with a specific right to place the child for adoption and consent to the adoption of the child.
If the birth father is not a guardian of the child he must be consulted about the adoption if this is possible. The father will have at least 21 days from the day of notice to make an application for guardianship of the child. If the father applies to the court to become a guardian then adoption proceedings are put on hold until the outcome of the court hearing for guardianship. Where consultation is not possible or is considered inappropriate, the Adoption Authority, having first obtained the approval of the High Court, may make the adoption order without consulting the birth father.
If a father is concerned that he may not be consulted by the Adoption Authority he can make a request in writing to the Adoption Authority, before or after the birth of his child, that he be consulted if:
- his child is being placed for adoption, or
- an application has been made by the mother or a relative to adopt his child
Relevant non-guardians are certain interested parties to an adoption, but are not full legal guardians, and consequently are not required to give consent to the adoption process, but such persons have a right to be consulted in relation to the adoption. It includes temporary guardians and non-parental guardians appointed by the court with no specific right to place the child for adoption or to consent to the adoption of the child.
Step-parents can apply to adopt their spouse’s or partner’s child without the partner, who is already the biological parent of the child, also applying to adopt the child. The interpretation of “step-parent” includes the civil partner of a parent of the child; a cohabitant couple where the other cohabitant is a parent of the child; and the spouse of a parent of the child. The child must have lived with the biological parent and partner together for a minimum of 2 years.
The biological parent can consent to the adoption while keeping parental rights and responsibilities. Once the adoption order is made, the biological parent will share the parental rights and responsibilities with the spouse or partner.
The effect of step-parent adoption is:
- the step-parent becomes the adoptive parent with full parental rights and responsibilities in respect of the child
- the family can all have the same surname
- the biological father has no further rights or responsibilities to the child and will have no possibility of getting rights in the future
- the child will have the same rights, including succession rights, as any subsequently born children of either parent born both inside or outside of marriage
- where the adoption takes place within a marriage, the adoption creates a legal family unit with constitutional protection as if the child had been born into that family unit.
The child will have a certificate which is a copy of the entry in the Adopted Children’s Register.
*Note: the same rules will apply if a father who is a guardian and has the primary care (custody) of his child wishes to apply to adopt the child with someone other than the mother.
Adoption completely severs all legal links between the child and her/his birth parent and extended family. This means that following the adoption the other birth parent has no legal right to have contact with the child. The adoptive parents may agree that the birth parent can stay in touch but if this agreement breaks down he/she does not have the right to go to court to look for access.
Adoption changes the identity of the child and obscures her/his birth details. Children need to know the truth about themselves. They need to know who they are, where they came from and where they fit in. Where a child is in a family with a parent who is not his/her birth parent, it is important that this fact is acknowledged and that opportunities are found to discuss these issues with the child in an open and honest manner. Even if a child has had no contact with the birth father/mother in general it is important for the child to know about the father/mother and his/her family.
Apply directly to TUSLA the Child and Family Agency, local office.
TUSLA the Child and Family Agency may forward the application for assessment to an accredited assessment agency. In order to decide if adoption is appropriate the assigned social worker will make a number of visits to the family home. This is to ensure that the child and the step-parent are bonding well and that adoption is in the best interest of the child. The social worker will want to talk to younger children to ensure that they understand what is happening. If, on receipt of a report from TUSLA the Child and Family Agency, the Adoption Authority is satisfied that adoption is appropriate and that all legal requirements are met the adoption order will be granted. The views of the child shall be ascertained by the Adoption Authority or by the court, as the case may be, and shall be given due weight, having regard to the age and maturity of the child.
The mother is automatically a guardian of her child and her consent is always required before an adoption order can be made. If the child’s biological father is a legal guardian his consent to the adoption is required by law. Any other guardian of the child will be required to give consent for the adoption to take place such as non-parental guardians appointed by the court with a specific right to place the child for adoption and consent to the adoption of the child.
If the birth father is not a guardian of the child he must be consulted about the adoption if this is possible. The father will have at least 21 days from the day of notice to make an application for guardianship of the child. If the father applies to the court to become a guardian then adoption proceedings are put on hold until the outcome of the court hearing for guardianship. Where consultation is not possible or is considered inappropriate, the Adoption Authority, having first obtained the approval of the High Court, may make the adoption order without consulting the birth father.
If a father is concerned that he may not be consulted by the Adoption Authority he can make a request in writing to the Adoption Authority, before or after the birth of his child, that he be consulted if:
- his child is being placed for adoption, or
- an application has been made by the mother or a relative to adopt his child
Relevant non-guardians are certain interested parties to an adoption, but are not full legal guardians, and consequently are not required to give consent to the adoption process, but such persons have a right to be consulted in relation to the adoption. It includes temporary guardians and non-parental guardians appointed by the court with no specific right to place the child for adoption or to consent to the adoption of the child.
Treoir
If you would like to talk through your individual situation, don’t hesitate to call Treoir on our confidential Call 01-6700120
Useful addresses
Treoir
Federation of services for unmarried parents and their children
Tel: 01 670 0120, info@treoir.ie | www.treoir.ie
The Legal Aid Board
Locall: 0818 615 200, Tel: 066 947 1000, info@legalaidboard.ie | www.legalaidboard.ie
Free Legal Advice Centres
Tel: 01 906 1010 | www.flac.ie
NOTE:
While every effort has been made to ensure the information provided in this webpage is accurate, no responsibility can be accepted by Treoir for any error or omission.