Interested Parties
Father and Others
The 2010 Act provides that the father of a child may give written notice to the Authority, before or after the birth, of his wish to be consulted in relation to the placement of the child for adoption, or in relation to an application for an adoption order by the mother or a relative of the child.
The Children and Family Relationships Act 2015 amended 2010 Act to provide that the father or second female parent of a child may give written notice to the Authority, before or after the birth, of his or her wish to be consulted in relation to the placement of the child for adoption, or in relation to an application for an adoption order by the mother or a relative of the child. Section 106 of the 2015 Act is repealed by Act.
The 2017 Act amends the 2010 Act to replace the term ‘father’ with ‘relevant non-guardian’ (as defined in the Act). The 2010 Act is further amended to provide that a ‘relevant non-guardian’ may give notice of his or her wish to be consulted in relation to an application for an adoption order by a mother, step parent or relative.
Interested Non-Guardian
Where an approved adoption body proposes to place a child for adoption the approved adoption body shall request the Authority in writing and in a form and manner approved by the Authority to provide the body with a copy of any notice received by the Authority) from a interested non-guardian of that child. The Authority shall—
- as soon as practicable, provide the notice (if any) to the approved adoption body , or
- where at the time of the request, it has not received any notice, so inform the approved adoption body and
- afterwards, if the Authority so receives a notice under provide the notice forthwith to the approved adoption body .
Where an approved adoption body proposes to place a child for adoption, the approved adoption body shall, before placing the child for adoption, take such steps as are reasonably practicable, to consult any interested non-guardian for the purposes of—
- informing him or her of the proposed adoption,
- explaining to him or her the legal implications of, and the procedures related to, adoption, and
- ascertaining whether or not he or she objects to the proposed adoption.
Where each interested non-guardian of a child indicates to the approved adoption body that he or she has no objection to the proposed placement of the child concerned for adoption, the approved adoption body may at any time thereafter, place the child for adoption.
Interested Persons
A relevant “non-guardian” means, in relation to a child—
- a father of the child who is not a guardian of the child pursuant to the Act of 1964,
- a parent of the child under section 5 of the Children and Family Relationships Act 2015 who is not a guardian pursuant to the Act of 1964,
- a person who is appointed as a guardian of the child in respect of which the court has not made an order that the person enjoys the rights and responsibilities specified
- a person appointed by the court to be a temporary guardian of the child under section 6E of the Act of 1964;
A interested non-guardian of a child, by notice to the Authority, may advise the Authority of his or her wish to be consulted in relation to—
- a proposal by an approved adoption body to place the child for adoption, or
- an application by the mother, step parent or relative of the child for an adoption order in respect of the child.”.
‘parent’ means, in relation to a child—
- the mother or father of the child, or
- a woman (other than the mother) who is, under section 5 of the Children and Family Relationships Act 2015 , a parent of the child where that child is a donor-conceived child,
and includes an adopter of the child;
Pre-placement consultation procedure
Where any interested non-guardian objects to the proposed placement of the child for adoption, the approved adoption body shall notify in writing in the prescribed manner each of the parents, guardians and relevant non-guardians of the child, informing them that it is deferring the placement for such period as is specified in the notice. This is to be a period of not less than 21 days, commencing on the date of the notice.
It is for the purpose of affording the interested non-guardian an opportunity to make an application to court under the Act of 1964, and defer the placement in accordance with the notification.
Where an approved adoption body receives a notice that an application to court has been made in relation to a child, the approved adoption body shall not place the child for adoption until the proceedings are concluded.
Where an approved adoption body has not received a notice within the deferral period, and any indication from a interested non-guardian within 21 days of informing the person of the proposed placement of the child, as to whether or not he or she has any objection to the proposed placement, the approved adoption body may, at any time thereafter, place the child for adoption unless it receives a notice.
A person who is a party to an application may apply to court for, and the court, where it is in the best interests of the child, may grant, such order as it considers appropriate to expedite the proceedings, which order may include, but shall not be limited to an order—
- for substituted service, or
- abridging the time fixed by rules of court for taking any step or doing any act in the proceedings.
The Adoption Authority may make rules governing the consultation that is required by the Adoption Act to be carried out with a interested non-guardian (which shall include a person who believes himself to be the father) of a child before the child is placed for adoption or before an adoption order is made in respect of that child.”.
Where no pre-placement consultation
If an approved adoption body is unable to consult an interested non-guardian of a child for the above purposes, the body shall in a form and manner approved by the Authority, notify the Authority to that effect.
The Authority may, if satisfied that the approved adoption body has taken such steps as are reasonably practicable to consult any interested non-guardian, authorise the approved adoption body to place the child for adoption.
At any time after being so authorised the approved adoption body may place the child for adoption, but only if the approved adoption body has not been contacted by a ninterested non-guardian indicating that he or she objects to the placement.
Where upon application to it by an approved adoption body that proposes to place a child for adoption, the Authority is satisfied that, having regard to—
- the nature of the relationship between the interested non-guardian and the person who proposes or persons who propose to place the child for adoption, or
- other than in a case where the interested non-guardian of the child in the second, third and fourth category, the circumstances of the conception of the child,
it is inappropriate for the approved adoption body to contact the interested non-guardian in respect of the placement of the child concerned
- the Authority may, after obtaining the approval of the High Court, authorise the approved adoption body to place the child for adoption, and
- the approved adoption body may, at any time after being so authorised, place the child for adoption.
Non-Guardian Natural Father
If the identity of the non-guardian natural father, is unknown to an approved adoption body and the mother or guardian will not disclose the identity of that father, the approved adoption body shall—
- counsel the mother or guardian concerned in order to attempt to obtain his or her or their, as the case may be, co-operation, advising such person or persons—
- that the adoption may be delayed,
- the possibility of that father of the child contesting the adoption at some later date,
- that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of that child, and
- such other matters as the approved adoption body considers appropriate in the circumstances,
Where the mother or guardian concerned, after counselling, will not disclose the identity of that father, furnish the Authority with a written report of the counselling that the approved adoption body has so provided.
Where the Authority receives a written report referred to, and is satisfied that the approved adoption body —
- has taken such steps as are reasonably practicable to obtain the co-operation of the mother or guardian, and
- has no other practical way of ascertaining that father’s identity, then—
the Authority may, after first obtaining the approval of the High Court, authorise the approved adoption body to place the child for adoption. The approved adoption body may, at any time after being so authorised, if it has not ascertained the identity of that father, place the child for adoption.
Where the mother or guardian of a child provides, an approved adoption body with a statutory declaration stating that he or she or they, as the case may be, is or are unable to identify that father, then—
- the Authority may, after first obtaining the approval of the High Court, authorise the approved adoption body to place the child for adoption, and
- the approved adoption body may, at any time thereafter, place the child for adoption, if the approved adoption body has not any other practical way of ascertaining that father’s identity.”.
Consultations with relevant non-guardian of child
In this context, ‘father’, in relation to a child, includes a person who believes himself to be the father of the child. On receipt of an application for an adoption order, the Authority shall take such steps as are reasonably practicable to ensure that every interested non-guardian of the child is consulted in relation to the adoption.
Where the Authority is satisfied that, having regard to—the nature of the relationship between the interested non-guardian of a child and the mother or guardian of the child, or in the case of the natural father, the circumstances of the conception of the child, it would be inappropriate for the Authority to consult the relevant non- guardian in respect of the adoption of that child, the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting the interested non-guardian concerned.
If the identity of the natural father , is unknown to the Authority and the mother or guardian of the child will not or is unable to disclose the identity of that father, the Authority shall counsel the mother or guardian of the child, indicating—
- that the adoption may be delayed,
- the possibility of that father of the child contesting the adoption at some later date,
- that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of the child, and
- such other matters as the Authority considers appropriate in the circumstances.
After so counselling the mother or guardian of the child, the Authority may, after first obtaining the approval of the High Court, make the adoption order without consulting that father if—
- the mother or guardian of the child either refuses to reveal the identity of that father of the child, or provides the Authority with a statutory declaration that he or she is unable to identify that father, and
- the Authority has no other practical means of ascertaining the identity of that father.
The Child and Family Agency or an approved adoption body , at the Authority’s request, shall assist in carrying out these Authority functions.
Dispensing with Consent
The High Court may give custody of child to prospective adopters and authorise dispensing with consent to adoption. Where a person has or persons have applied for an adoption order, and a person whose consent to the making of the adoption order is necessary, and who has agreed to the placing of the child concerned for adoption either—
- fails, neglects or refuses to give his or her consent to the adoption, or
- having previously consented to the adoption, withdraws his or her consent,
the applicants for the adoption order may apply to the High Court for an order dispensing with consent.
The High Court may make an order—
- giving custody of the child to the applicants for a specified period, and
- authorising the Authority to dispense with the consent of any person whose consent to the making of the adoption order is necessary under section 26 to the adoption of the child by the applicants, with the adoption to be effected by an adoption order made during that specified period of custody.
Dispensing Criteria
In considering any such application , the High Court shall have regard to the following:
- the relationship between the applicants and the child who is the subject of the application;
- the relationship between the child and his or her mother or guardian, as the case may be, and the efforts made by any of those persons to develop or maintain a relationship with the child;
- the proposed arrangements of the applicants and the mother or guardian or other person whose consent to the making of the adoption order is necessary under section 26, as the case may be, for the future care of the child;
- the rights, whether under the Constitution or otherwise, of the persons concerned (including the natural and imprescriptible rights of the child);
- any other matter which the Court considers relevant to the application,
The High Court shall in so far as is practicable, in a case where the child concerned is capable of forming his or her own views, give due weight to the views of that child, having regard to the age and maturity of the child. In in the resolution of any such application, the best interests of the child shall be the paramount consideration.
If a person whose consent is necessary is a ward of court, his or her consent shall not be dispensed with, pursuant to an order under this section, except with the sanction of the court which granted the order for wardship.
Proceedings shall be heard in private.
Religion
In a case where—
- the applicant or applicants, as the case may be,
- the child, and
- every person whose consent to the making of an adoption order is necessary,
are not all of the same religion (if of any religion), the Authority shall not make an adoption order unless every person whose consent to the making of an adoption order is necessary knows, when so consenting, the religion (if any) of the applicant or each of the applicants, as the case may be.”.]