Adoption & Partners

Adoption

The provisions of adoption legislation were amended by the Child and Family Relations Act 2015. It enables civil partners, couples and cohabiting couples who have cohabited for more than three years to be eligible to adopt jointly. It also allows for female same-sex couples to place a child for adoption.

Cohabiting couples, for the purposes of adoption legislation, are two adults who have been living together as cohabitants for at least three years. A father includes a man recognised as the parent of a donor-conceived child. A second female parent is a woman other than a mother who has been recognised as a parent of a donor-conceived child.

The definition of a guardian includes a guardian other than the child’s parents except where they have not been given the right to place or consent to the placement of a child for adoption.

Where applicable, a second female parent may inform the Adoption Authority of her wish to be consulted on a proposal to place a child for adoption or on an application by a mother or a child’s relative for an adoption order in respect of the child, in the same way that a father may do so.

Civil Partners & Cohabitees

The Adoption Authority may make an adoption order in respect of civil partners or a couple who have been cohabiting for more than three years if they have been assessed as eligible and suitable to adopt.

When they jointly adopt a child, each member of the couple and the child will have all the rights and duties of parents and children in relation to each other. A second female parent who places a child for adoption will be freed from parental rights and duties in the same way as a father in this situation.

There is provision for inter-country adoption undertaken outside Ireland to be recognised where the adopting parents are civil partners or cohabitants who have cohabited together for over three years.

Consultation on Placement

A second female parent is to be consulted on the placement of a child for adoption on the same basis as a father and is to be informed, like a father, of the implications of placing the child for adoption.

The same procedures now apply where either a father or a second female parent has not been consulted on the placement of a child for adoption. Pre-placement consultation of a second parent is not required where a donor-conceived child has no legal parent other than his original birth mother.

A second female parent is to be consulted on the same basis as a father where an application is made to adopt a child. A civil partner couple or cohabiting couple who have lived together for three years are jointly eligible for an adoption order or for an inter-country adoption undertaken outside Ireland to be recognised in Ireland. An order may be made in their favour jointly. They may apply jointly for a declaration of eligibility and suitability to adopt a child. It may be issued to them jointly.

A second female parent or any guardian has been added to the categories of persons entitled to be heard in relation to an application for an adoption order.

The Adoption Authority may make rules regarding consultation with a second female parent when a donor-conceived child is being placed for adoption.

2017 Act

The Children and Family Relationships Act 2015 amends 2010 Act to provide for the insertion of certain definitions into the 2010 Act including ‘civil partner’, ‘cohabitant’, ‘cohabitating couple’, ‘donor-conceived child’, ‘father’ and ‘second female parent’; and substitutes new definitions into the 2010 Act for ‘parent’ and ‘guardian’. Section 102 of the 2015 Act is repealed by The 2017 Act.

The 2017 Act amends  2010 Act to provide for the insertion of certain definitions including ‘civil partner’, ‘cohabitating couple’, ‘donor-conceived child’, ‘relevant non- guardian’ and ‘step parent’ and for the substitution of new definitions for ‘parent’ and ‘guardian’ and the deletion of the definition of ‘orphan’.

Children and Family Relationships Act 2015 amended section 30 of the 2010 Act to provide for a second female parent, where applicable, to be consulted on the same basis as a father where an application is made to adopt a child. Section 112 of the 2015 Act is repealed by the 2017 Act.  The 2017 Act amends section 30 of the 2010 Act by substituting a new section for section 30 of the 2010 Act to replace the term ‘father’ with ‘relevant non-guardian’ (as defined in section 3). The term ‘relevant non-guardian’ describes those fathers and other persons with whom consultation is required under this section.

Eligible Adopters

Children and Family Relationships Act 2015 amended section 33 of the 2010 Act to enable a civil partnered couple or a cohabiting couple who have lived together for over 3 years to be eligible for an adoption order to be made by the Authority or for an intercountry adoption effected outside this State to be recognised by the Authority. Section 114 of the 2015 Act is repealed by the 2017 Act.

The 2017 Act amends the 2010 Act to provide that a couple who are civil partners of each other (as defined), a cohabiting couple (as defined ) and a step parent of a child (as defined ) are included in the categories of persons eligible to apply for an adoption order or for the recognition of an adoption order effected outside the State.

A couple who are civil partners of each other (as defined in section 3) and a cohabiting couple (as defined in section 3) are included in the categories of persons, whose suitability for an adoption order or for the recognition of an adoption order effected outside the State must be satisfactory to the Adoption Authority prior to the making by the Authority of an adoption order or the recognition of an adoption effected outside the State.

Declaration of eligibility and suitability

if it is satisfied that the applicant or applicants are suitable persons to have parental rights and duties and fall within the classes of persons in whose favour an adoption order may be made. Under this section, the Authority may also include in the declaration a statement relating to the age or health status of a child whom it considers the applicant(s) are suited to adopt.

Children and Family Relationships Act 2015 amended section 40 of the 2010 Act to provide that a couple who are civil partners of each other and a cohabiting couple are included in the categories of persons in whose favour the Authority may issue a declaration of eligibility and suitability. Section 118 of the 2015 Act is repealed by  The 2017 Act and its provisions brought forward, without amendment, into section 20 of that Act.

The 2017 Act amends section 40 of the 2010 Act by providing that a couple who are civil partners of each other and a cohabiting couple are included in the categories of persons in whose favour the Authority may issue a declaration of eligibility and suitability.

Children and Family Relationships Act 2015 amended section 41 of the 2010 Act to provide that a couple who are civil partners of each other and a cohabiting couple are included in the categories of persons in whose favour the Authority may extend the time period of the declaration of eligibility and suitability for an adoption order or for the recognition of an intercountry adoption effected outside the State and from whom the Authority may hear concerning new information or a change in relevant circumstances in this regard. Section 119 of the 2015 Act is repealed by  The 2017 Act and its provisions brought forward, without amendment, into section 21 of that Act.

The 2017 Act amends section 41 of the 2010 Act by restating the provisions of section 119 of the 2015 Act to provide that a couple who are civil partners of each other (as defined in section 3) and a cohabiting couple (as defined in section 3) are included in the categories of persons in whose favour the Authority may extend the time period of the declaration of eligibility and suitability and from whom the Authority may hear concerning new information or a change in relevant circumstances in this regard.