Child Law – Adoption
Adoption is the process whereby a child becomes a member of a new family. It creates a permanent, legal relationship between the adoptive parents and the child. The mother or guardian shall lose all parental rights and be freed from all parental duties with respect to the child.
Can I adopt?
In order to adopt a child, you must be at least 21 years of age and resident in the State.
Most people can adopt though it is not possible for two unmarried persons to adopt jointly.
The potential adopter must also be of good moral character, must have sufficient means to maintain a child, must be of good health and must be a suitable person to act as a parent.
What is the process for adoption?
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Initial consent
This is the process whereby the mother agrees to put forward her child for adoption and places the child with an adoption society. The mother will be asked to sign a formal agreement to do so. The mother’s agreement must be free and in the full knowledge of the consequences of placing a child for adoption.
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Final Consent
Consenting to the Adoption order when the application for the Adoption order is heard by the Adoption Board. The father’s consent is required in the case of a legitimated child or in the case where the father is the guardian or custodian of the child.
It is the Adoption Board that makes adoption orders and not the Courts. An adoption agency shall place the child with the new family.
Can consents be dispensed with?
Yes. Prospective adopters may apply to the court, under s.3 of the 1974 Act, to dispense with consents where a person fails, neglects or refuses to give their consent or withdraws (valid) consent already given at the ‘Initial consent’ stage. If prospective adopters establish that there was a valid agreement in place at the ‘Initial consent’ stage they must also establish then that it is in the ‘best interests’ of the child to have the consent dispensed with.
What are the current rights of the natural father if he opposes the adoption?
Prior to 1987 the natural father was not entitled to be heard by the Adoption Board on an application for an adoption order but the natural father now has a right to be heard by the Adoption Board prior to the making of any adoption order. If the father objects the agency will defer the placement for no less than 21days for the purpose of affording the father an opportunity to make an application for guardianship. If such proceedings are instituted then the adoption agency shall not place the child for adoption until the proceedings are concluded.
If appointed a guardian of his child then the father becomes a person whose consent is required for the making of an adoption order. Thus he has an effective veto over adoption.
That said the rights of the father are still very limited and the weight to be attached to ones rights and the strength of his position in the adoption process will very much depend of the facts and circumstance of each case. The Adoption Board and Courts have considerable discretion.
What will be the impact of the Adoption Bill 2009?
Once the Bill becomes Law, it will only be possible to adopt children from countries that have ratified the Hague Convention or countries with which Ireland has a bi-lateral agreement. This means in effect that Irish parents will no longer be able to adopt from Russia, Ethiopia and Vietnam which do not have agreements with Ireland and have not ratified the Convention unless agreements are drawn up before the Bill is enacted.