Adoption Procedures II

Children who may be adopted

The Authority shall not make an adoption order in respect of a child unless—

• the child resides in the State, and is, at the date of the making of the adoption order, less than 18 years of age,
• the child has in a case where the applicant is a step parent of the child, 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 for the adoption order, or in any other case, been in the care of the applicants for the prescribed period (if any).

The Authority, having regard to the particular circumstances of the case, may make an adoption order in respect of a child notwithstanding that the child has not—

• in a case where the applicant is a step parent of the child, 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 for the adoption order, or
• in any other case, been in the care of the applicants for the prescribed period

Visits Enquiries and Consultations

The Authority may authorise a member or employee of the Authority or of the Child and Family Agency to visit the homes of the child, the guardians of the child, the applicants for an adoption order or the recognition of an intercountry adoption effected outside the State and the person having custody of the child for the purposes of an adoption, and make enquiries on behalf of the Authority.

Best interests of child and views of child

In any matter, application or proceedings under the Adoption Act which is, or are, before—

• the Authority, or
• any court,

the Authority or the court, as the case may be, shall regard the best interests of the child as the paramount consideration in the resolution of such matter, application or proceedings.

In determining what is in the best interests of the child, the Authority or the court, as the case may be, shall have regard to all of the factors or circumstances that it considers relevant to the child who is the subject of the matter, application or proceedings concerned including—

• the child’s age and maturity,
• the physical, psychological and emotional needs of the child,
• the likely effect of adoption on the child,
• the child’s views on his or her proposed adoption,
• the child’s social, intellectual and educational needs,
• the child’s upbringing and care,
• the child’s relationship with his or her parent, guardian or relative, as the case may be, and
• any other particular circumstances pertaining to the child concerned.

Child’s Views

In so far as practicable, in relation to any matter, application or proceedings  in respect of any child who is capable of forming his or her own views, the Authority or the court, as the case may be, shall ascertain those views and such views shall be given due weight having regard to the age and maturity of the child.

The Minister may make regulations prescribing the procedures by which the Authority or the court, as the case may be, shall determine how best to ascertain the views of the child, in so far as practicable, in any matter, application or proceedings, and, without prejudice to the generality of the foregoing, such regulations may—

• make provision for the procedures that are to apply to enable a child to present his or her views in person or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,
• make provision for the procedures that are to apply to enable a child to nominate an appropriate person to present the child’s views orally or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,
• make provision for the procedures that are to apply in respect of any consultation by the Authority or the court, as the case may be, with a child or an appropriate person,
• make provision for the consultation by the Child and Family Agency with a child for the purpose of ascertaining his or her views and for the procedures relating thereto, including procedures relating to the preparation and submission of any written reports arising from such consultation to the Authority or the court, as the case may be,
• prescribe the standards to be applied by an appropriate person to the performance by the person of his or her functions under this section,
• prescribe the allowable expenses that may be charged by an appropriate person referred to and the fees and allowable expenses that may be charged by an appropriate person ,
• make provision for such other matters as the Minister considers necessary to ensure that appropriate persons are capable of performing their functions under this section.

They may also  prescribe as appropriate persons—

• a class or classes of persons who, in the opinion of the Minister having regard to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions, or
• a class or classes of persons who, in the opinion of the Minister having considered the qualifications, training and expertise of such class or classes of persons by reference to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions,

Regulations may make different provision in relation to  children of different ages and maturity, or ii) different classes of appropriate persons, and contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

Restrictions on making arrangements for adoption.

A person shall not—

• make or attempt to make an arrangement for the adoption of a child,
• for the purpose of having a child adopted—(i) retain the child in the person’s custody, or arrange to have the child retained in the custody of another person, or
• take part in the management or control of a body of persons which exists wholly or partly for the purpose of making arrangements for adoption.

A person shall not give a child, or cause a child to be given, to another person for the purpose of having the child adopted unless— the first-mentioned person is a parent of the child, and the person who intends to adopt the child is—

• a parent of the child,
• a relative of the child,
• the spouse of the parent of a child,
• the civil partner of the parent of a child, or
• the cohabitant of a parent of the child, where the cohabitant and that parent are a cohabiting couple.

A person shall not receive a child for the purpose of adopting the child unless the person is—

• a parent of the child,
• a relative of the child,
• the spouse of a parent of the child,
• the civil partner of a parent of the child,
• the cohabitant of a parent of the child where the cohabitant and that parent are a cohabiting couple, or
• a person with whom a child is placed by an accredited body or the Child and Family Agency.

An accredited body may carry out any of the activities described above in respect of which the accredited body is registered in the register of accredited bodies.

Linked Services

A person may carry out

• providing information, advice and counselling concerning adoption to any prospective adopters;
• providing information, advice and counselling concerning adoption to a mother or guardian who proposes to place a child for adoption;
• providing information and advice concerning the child’s medical or other status in connection with adoption;

so long as that person is not also carrying out an activity described below

• making any agreement or arrangement for, or facilitating, the adoption or maintenance of the child by any person;
• initiating or taking part in any negotiations the purpose or effect of which is the making of any such agreement or arrangement;
• causing another person to initiate or take part in any such negotiations;
• offering to enter into negotiations on behalf of the child’s parents or prospective adopters for the purpose of arranging an adoption;
• carrying out or making any arrangement for the carrying out of an assessment of eligibility and suitability;
• preparing reports on assessments of eligibility and suitability;
• placing a child with any prospective adopters;
• one or more of the following:(i) assisting— (I) adopted persons (18 years of age or over) in tracing their parentsor other relatives, and (II) parents or other relatives (18 years of age or over) of adopted persons in tracing the adopted persons; (ii) counselling the persons described in subparagraph (i); (iii) mediating between adopted persons described in subparagraph (i) and parents or other relatives, both as described in that subparagraph.
• contacting, directly or indirectly in connection with an intercountry adoption, any person, institution or authority in the child’s state of origin that is authorised by that state to make arrangements for adoption;
• preparing pre-adoption reports for the purpose of Article 20 (which relates to Central Authorities keeping each other informed) or of any provision of a bilateral agreement;
• transmitting to the Central Authority in the child’s state of origin the declaration of eligibility and suitability together with the assessment report prepared