Overview of Domestic Adoption Law in Ireland
Adoption in Ireland has a complex history influenced by religious orders. Over time, attitudes evolved, leading to changes in legislation such as the Adoption Act of 2010. The Adoption Authority of Ireland plays a crucial role in facilitating adoptions and ensuring compliance with international conventions. This overview covers key trends, legislation, and the role of the Adoption Authority in the adoption process.
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Domestic Adoption Law Domestic Adoption Law Fiona Quigley BL
Introduction Introduction Adoption is a legal process whereby the relationship between the child and their birth parents are severed New parent-child relationship created in law between child and adoptive parents All rights and duties of natural parents lost closed adoption Key legislation: Adoption Act 2010, as amended by the Adoption (Amendment) Act 2017 Specialised area of law overview of most important provisions and case-law
1. Adoption trends Adoption trends Ireland s controversial adoption history governed by religious orders It was not socially acceptable for an unmarried woman to keep their child adoption levels high Overtime, attitudes changed Unmarried Mother s Allowance 1973 Now very few children domestically available for adoption More common: foster parent adoption, step-parent adoption and intercountry adoption Adoption Authority of Ireland annual reports 2021 Report 101 domestic adoption orders & 136 entries into the Register of Intercountry Adoption (RICA)
2. Adoption legislation 2. Adoption legislation Adoption Act 1952 first placed adoption on statutory footing numerous amendments Adoption Act 2010 (the 2010 Act ) repealed all existing legislation 2010 Act brought Ireland in line with the Hague Convention on Protection of Children and Co-Operation in respect of Intercounty Adoption 1993 (the Hague Convention ) 2010 Act remains key authority but amended by Adoption (Amendment) Act 2017 Changes introduced: bringing 2010 Act in line with Article 42A; allowing voluntary adoption for children of married parents; expanding categories of persons eligible to adopt; provided for step-parent adoption
3. Adoption Authority of Ireland 3. Adoption Authority of Ireland Adoption Authority of Ireland ( the AAI ) replaced An Bord Ucht la; Body charged with making adoption orders, registering intercountry adoptions, supervising accredited bodies, granting Declarations as to Eligibility and Suitability Designated Central Authority for purpose of Hague Convention Chairperson, deputy chair and 5 ordinary members Proceedings before the AAI are non-adversarial, but the principle of audi alteram partem applies Proceedings are heard in private
4. Effect of an adoption order 4. Effect of an adoption order Section 58 of the 2010 Act the child who is adopted shall be considered, with regard to the rights and duties of parents and children in relation to each other as the child of the adopter(s) Natural parents lose all rights and are freed from all parental duties Exception s.58A of the 2010 Act for step-parent adoptions Natural parent cannot apply for access, do not have to pay maintenance etc
5. The best interests test 5. The best interests test Article 42A on Children: Article 42A.4.1 provision shall be made by law that in the resolution of all proceedings...concerning the adoption of any children, the best interests of the child shall be the paramount consideration Section 19 of the 2010 Act welfare replaced with best interests (amended by 2017 Act) In proceedings before AAI/Court, best interests is the paramount consideration s.19 criteria to consider in determining what is in the child s best interests Paramount, but not sole consideration - CFA and H.R. and F.R. v the Adoption Authority of Ireland and P.W. and S.W. [2018] IEHC 515. Views of the child social work report, speaking to judge, GAL
6. Domestic adoption 6. Domestic adoption Where applicants and child all reside in Ireland Can be consensual (the majority) or involuntary (discussed further below) Who can be adopted? Section 23 of the 2010 Act a child must reside in the State and be under 18 (cannot adopt an adult or under six weeks). No distinction between children of married/unmarried parents & 2 year time period for step-parents Who can adopt? Applicants must be eligible and suitable Eligibility section 33 of the 2010 Act Suitability section 34 of the 2010 Act Assessment detailed process, CFA carries out report, report makes a finding, Local Adoption Committee makes recommendation, AAI makes DES
6. Domestic adoption (continued) Domestic adoption (continued) Consent: Section 26 requires consent of birth mother, birth father (if a guardian) and any other guardian of the child. Full, free and informed consent - Affidavit of consent to adoption Not before 6 weeks and not more than 3 months before date of application Consent to placement also required (where infant adoption) Consent can be withdrawn but section 31 of the 2010 Act allows the adopters to apply to the HC to permit the adoption to proceed without consent.
6. Domestic adoption (continued) Domestic adoption (continued) Consultation birth fathers who are not guardians must be consulted although their consent is not required Consultation rights s.17 for placement/s.30 for the adoption order statutory duty on AAI to consult = notifying him of proposed adoption, explaining legal implications and ascertaining his view If father objects to placement it can be deferred to allow him to make an application for guardianship and if that application is made, placement is deferred until those proceedings are concluded Consultation may not be possible s.18 (placement)/s.30 (adoption) applications to the High Court by the AAI Right to be heard at the adoption hearing Section 43 of the Act
7. Involuntary adoption 7. Involuntary adoption In exceptional cases, an adoption order can be made without the parents consent Part 7 of the Act AAI section 53 Declaration CFA and applicants bring section 54 application 6 proofs in section 54(2A) Each proof essential stringent test Leading HC Case: CFA and H.R. and F.R. v the Adoption Authority of Ireland and P.W. and S.W. [2018] IEHC 515 Recent SC Decision: CFA and A v AAI and C [2023] IESC 12
