An Introduction to Domestic Adoption in Ireland

Over 42,000 domestic adoption orders have been made from 1952 to date. Whilst the number of applications have been in slow decline for the past number of years, there has been considerable change in the complexity and diversity of the applications been received.

There also has been an increase in the number of children “adopted” from abroad from countries whose adoption law is not recognised by Irish Law. This means that in order to legally secure the child’s place in the family; an application for an Irish Adoption Order should be made.

The Domestic Adoption Unit also deals with issues of a child’s eligibility for adoption. Any issue regarding the eligibility of a child for adoption must be put in writing to the Board which will then decide on the matter.

A large number of telephone (and E-Mail) queries are received daily by the Domestic Adoption Unit. The queries range from initial queries from persons both in Ireland and from abroad thinking about adoption to detailed questions on Adoption Law and procedure.

The two main categories of domestic applications dealt with by Unit are as follows;

Family Adoption
Family adoption includes Step-parent adoption, where the husband/wife of the child’s parent wishes to adopt that child and Relative adoption where the mother, father or a relative of the child (relative meaning a grandparent, brother, sister, uncle or aunt of the child and/or the spouse of any such person, the relationship to the child being traced through the mother or the father.

Non-Family Adoptions
Non-relative adoptions are applications made on behalf of children placed by Health Boards and Registered Adoption Societies. Usually, these Adoption Orders are made with the consent of the birth mother. Under the Adoption Acts, 1952 - 1976 an adoption order can be made only in respect of a child: -

• who is an orphan, or
• whose parents are not married to each other, or
• whose parents married each other after the child's birth but whose birth has not been re-registered

and where the child's mother or guardian or any person having control over him consents to the adoption. The consent to the adoption must be given on the prescribed forms.

In a small number of cases, where consent is not forthcoming, a number of cases proceed to the High Court to allow the Adoption Board make an order.

Who May Adopt?
The following persons are eligible to adopt:-

a) a married couple living together; this is the only circumstance where the law permits the adoption of a child by more than one person:

b) a married person alone; in this circumstance the spouse's consent to adopt must be obtained, unless they are living apart and are separated under (i) a court decree or (ii) deed of separation or (iii) the spouse has deserted the prospective adopter or (iv) conduct on the part of the spouse results in the prospective adopter, with just cause, leaving the spouse and living apart;

c) the mother, father or a relative of the child (relative meaning a grandparent, brother, sister, uncle or aunt of the child and/or the spouse of any such person, the relationship to the child being traced through the mother or the father);

d) a widow or widower.

A sole applicant who does not come within the classes of persons defined under (c) and (d) above may only adopt where the Board is satisfied that, in the particular circumstances of the case, it is desirable to grant an order. It is not possible for two unmarried persons to adopt jointly.

Children Eligible for Adoption
The law permits the adoption of:
• orphans, and
• children born outside marriage, including in certain circumstances, children whose natural parents subsequently marry each other.

In addition, in exceptional cases, the High Court may make orders under section 3 of the Adoption Act, 1988, authorising the adoption of children whose parents have failed in their duty of care towards them.

Children born within marriage may be adopted under this provision. A child born outside marriage who is legitimated by the subsequent marriage of the natural parents is eligible for adoption provided his/her birth has not been re-registered. A child born to a married woman but whose husband is not the father, is eligible for adoption provided the facts of the child's paternity can be proven to the satisfaction of the Adoption Board. The child must reside in the State, be at least six weeks old and under 18 years of age. The child need not have been born in this country. An agency cannot place a child for adoption until the child is at least four weeks old.

1988 Act Cases
Children placed in Long-term Foster Care placements can be adopted with the consent of the birth mother. Where the birth mother’s consent is forthcoming, the adoption can be processed under the Adoption Act, 1952 without recourse to the High Court. However, if such consent is not forthcoming or the child is a child of a marriage, the adoption must be processed the High Court under the Adoption Act, 1988 (for more information please click here). In many respects the two procedures are similar but the there are very important differences.

Foreign Adoptions
An increasing number of applications are received each year in respect of children who are adopted abroad from countries whose adoption laws are not recognised by Irish Law. Children adopted from certain countries such as Guatemala or the Philippines have to re-adopt under Irish law. Such applications are processed in the same way as any other Domestic application. Therefore, to legalise the relationship between the child and his adoptive parents in Ireland, it is necessary for an application to be made for an adoption order for these children. It is very important for adoptive parents here that consents that have been signed by the birth mother in her native country will be invalid if and unless an application for the adoption order has not been received within 3 months of the signing of these consents.