merrion street

Dr. James Reilly, Minister for Children and Youth Affairs, has today
announced that the Government has approved the publication of the Adoption
(Amendment) Bill 2016. The primary purpose of the Adoption (Amendment)
Bill is to amend the Adoption Act 2010 to give legislative effect to the
Children Referendum. The Bill provides for

• the adoption of any child, irrespective of the marital status of his
or her parents, in circumstances where both parents have placed the child
for adoption and where both parents consent to the making of the adoption
order;

• a change in the criteria under which the High Court may, in a case of
parental failure, make an order authorising the adoption of a child without
parental consent; and for

• the best interests of the child to be the paramount consideration in
relation to any adoption proceedings; and, in that regard for the views of
the child to be ascertained by the Adoption Authority or by the court and
for those views to be given due weight, having regard to the age and
maturity of the child.

The Bill also makes much improved provisions on step – parent adoption .
The Bill provides for the adoption of a child by his or her step parent
without the requirement for the child’s other parent to adopt his or her
own child. Previously, if a parent and a step parent wanted to adopt, both
the parent and the step parent had to apply to adopt - the parent became an
‘adopting parent’ . Under this Bill, the parent will continue to be ‎a
parent and the step parent will be an adoptive parent.

The Bill also provides for couples who are civil partners or cohabitees to
be eligible to apply to adopt a child. The relevant provisions are being
brought forward into this Bill from the Children and Family Relationships
Act 2015 .

Minister Reilly said:

Adoption is not always the solution for children, but it is important to
ensure that it is open to children where it is in their best interests.

Therefore I am very pleased to be able to publish this legislation now
which provides for significant changes to adoption law. The legislation
reflects the new Article 42A which was inserted into the Constitution
following the Children Referendum. The provisions of the Bill broaden
eligibility for adoption to all children. For example, children who have
been reared by foster parents by reason of the failure of their parents to
look after them will be eligible for adoption in more circumstances than at
present and this Bill will also allow for the voluntary placement for
adoption of any child, including children whose parents are married.

This legislation also brings forward important improvements for step
parents wishing to adopt.