Adopting Persons

Visits and enquiries

The Adoption Authority and the Child and Family Agency may authorise a member or employee to visit the homes of the child, the guardian of the child, the applicants for an adoption order or for the recognition of an intercountry adoption and the person having custody of the child for the purpose of an adoption and to make enquiries on the Authority’s behalf.

The Authority shall not make an adoption order or recognise an adoption order effected in another state, unless it is satisfied that the applicant or applicants are suitable to have parental rights and duties in respect of the child, are of good moral character and in good health, and of an age to have a reasonable expectation of being capable throughout the child’s childhood to promote the development and well-being of the child, and have adequate financial means to support the child. The  applicant or applicants should be given appropriate information, advice and counselling concerning adoption.

Eligible Adopters

The following are eligible

• the applicants are a married couple who are living together,
• the applicants are civil partners of each other who are living together,
• the applicants are a cohabiting couple,,
• the applicant is a parent, stepparent or relative of the child,
•  the applicant is the mother or father or a relative of the child, or above that, in the particular circumstances, the adoption is desirable and in the best interests of the child.

Where an applicant—

• for an adoption order, or
• for the recognition of an intercountry adoption effected outside the State, other than an applicant who is the adopted person) any other person having an interest in the matter

is a civil partner of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that applicant’s civil partner, given in the manner determined by the Authority unless—

• the applicant and the applicant’s civil partner are living apart under a separation agreement,
• the civil partner has deserted the applicant, or
• conduct on the part of the civil partner results in the applicant, with just cause, leaving the civil partner and living separately and apart from him or her.

Where an applicant—

• for an adoption order, or
• for the recognition of an intercountry adoption effected outside the State, other than an applicant who is the adopted person) any other person having an interest in the matter

is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority.,

Persons eligible for adoption order or recognition of intercountry adoption effected outside State.

The Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, unless—

• the applicants are a married couple who are living together,
• the applicants are civil partners of each other who are living together,
• the applicants are a cohabiting couple,
• the applicant is a parent, step parent or relative of the child, or
• the applicant, notwithstanding that he or she does not fall within the above, satisfies the Authority that, in the particular circumstances, the adoption is desirable and in the best interests of the child. The Authority shall issue policy guidelines respecting the circumstances in which an adoption order in favour of an applicant.

Except as above  the Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, for the adoption of a child by more than one person.

Consent of Adopter’s Spouse

Where an applicant for an adoption order is married,  the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of the applicant’s spouse, given in the manner determined by the Authority, unless—

• the couple are living apart under a decree of judicial separation under section 3 of the Judicial Separation and Family Law Reform Act 1989, a decree or order to like effect that was granted under the law of another jurisdiction and that is recognised in the State, or  a deed of separation,
• the spouse has deserted the applicant, or
• conduct on the part of the spouse results in the applicant, with just cause, separating from the spouse and living apart from him or her.

Similar provisions apply to civil partners.

Where an applicant—

• for an adoption order, or
• for the recognition of an intercountry adoption effected outside the State, other than an applicant who is a person referred to in paragraph (a) or (c) of section 90(3),

is a cohabitant of another person who is not an applicant, the Authority shall not make the adoption order, or recognise the intercountry adoption effected outside the State, without the consent of that other person given in the manner determined by the Authority.

Age and Residence

The Authority shall not make an adoption order, recognise an intercountry adoption effected outside the State, unless—

• the applicant and, if the applicants are a married couple, a couple who are civil partners of each other or a cohabiting couple], each of them has attained the age of 21 years, or
• the applicants are a married couple, a couple who are civil partners of each other or a cohabiting couple and one of them is parent or a relative of the child and either of them has attained the age of 21 years.

The Authority shall not make an adoption order unless the applicant or, if the applicants are a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple, each of them, is habitually resident in the State. This does not does not prevent the Authority, for the purpose of an intercountry adoption effected in the State, from making an adoption order in favour of an applicant who, or, if the applicants are  married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of whom, is habitually resident in—

• another contracting state,
• a state that has a bilateral agreement with the State, or
• a state that has an arrangement referred to in section 81 of the Act with the State.

Suitability

Persons suitable for adoption order or recognition of intercountry adoption

The Authority shall not make an adoption order or, recognise an intercountry adoption, unless the Authority is satisfied that the applicant or, if the applicants are a married couple living together, a couple who are civil partners of each other living together or a cohabiting couple], each of them—

• is a suitable person to have parental rights and duties in respect of the child,
• has adequate financial means to support the child,
• has been provided with appropriate information, advice and counselling concerning adoption and
• is of good moral character, in good health and of an age so that he or she has a reasonable expectation of being capable throughout the child’s childhood of—
• fulfilling his or her parental duties in respect of the child,
• promoting and supporting the child’s development and well-being,
• safeguarding and supporting the child’s welfare,
• providing the necessary health, social, educational and other interventions for the child, and
• valuing and supporting the child’s needs in relation to his or her identity, and ethnic, religious and cultural background

Assessment of Eligibility

A person habitually resident in the State, a step parent, a married couple married to each other, a couple who are civil partners of each other or a cohabiting couple,each of whom is habitually resident in the State, may apply to the Child and Family Agency for—

• an assessment of eligibility and suitability in relation to himself, herself or themselves, and
• the issuance by the Authority of a declaration of eligibility and suitability in accordance with that assessment.

A person may make an application for an adoption order in respect of a child where, at the date of the application—

• the person is a spouse of a parent of the child,  a civil partner of a parent of the child, or a cohabitant in a cohabiting couple where the other cohabitant is a parent of the child, and
• the child, in respect of whom the adoption order is sought, has a home with the child’s parent and that person (in the Adoption Act referred to as a ‘step parent’), for a continuous period of not less than 2 years.

The Authority, having regard to the particular circumstances of the case may accept an application for an adoption order in respect of a child notwithstanding that the child has not a home with the child’s parent and that step parent, for a continuous period of not less than 2 years at the date of the application.”.

The Child and Family Agency shall, as soon as practicable after receipt of notice of disconstinuance may give notice of the discontinuance to—

• the Authority,
• any adoption committee concerned,
• the mother and any other guardian of the child, and
• each interested non-guardian of the child.”.

Further adoption

Where a child, in respect of whom an adoption order is in force or an intercountry adoption effected outside the State that has been recognised,is further placed for adoption—

• a further adoption order may be made in respect of the child, and
• for the purposes of the order, the child concerned shall be taken to be the lawful child of the adopter or adopters in whose favour the first-mentioned adoption order or intercountry adoption effected outside the State was made or recognised, as the case may be.”.