<\/span><\/h3>\nSubsequently, in 2015, the Constitution was amended to provide:<\/p>\n
Article 42A<\/em><\/p>\n1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.<\/em><\/p>\n2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 1\u00ba\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such an extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.<\/em><\/p>\n2\u00ba\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require.<\/em><\/p>\n3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.<\/em><\/p>\n4\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 1\u00ba\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Provision shall be made by law that in the resolution of all proceedings\u2014<\/em><\/p>\ni\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 brought by the State, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or<\/em><\/p>\nii\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 concerning the adoption, guardianship or custody of, or access to, any child,<\/em><\/p>\nthe best interests of the child shall be the paramount consideration.<\/em><\/p>\n2\u00ba\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1\u00ba of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.<\/em><\/p>\n<\/span>Parents<\/span><\/h3>\nThe court must hear the parents of the child and other persons it believes appropriate. Where they do not appear, the court may make an order, provided they have had the opportunity to appear. Where their identity is not known, measures must be taken to ascertain and identify them.<\/p>\n
The parents must be heard. Any other persons whom the court believes it ought to hear should also be heard. The court may make an order in their absence if they fail to appear, having been given the opportunity.<\/p>\n
Where the parents cannot be identified, the appropriate measures are to be taken to try to identify and find them. An order may be made where their whereabouts are not known at the time of the making of the application and during the period of 12 months immediately preceding that, and all appropriate steps have been taken to trace them.<\/p>\n
If the Child and Family Agency is to besatisfied that every reasonable effort has been made to support the parents of the child to whom the declaration relates.<\/p>\n
<\/span>Abandonment of Parental Rights<\/span><\/h3>\nThe failure on the part of the natural parents must constitute an abandonment of the child. The parents may be deemed to have abandoned the child where they fail fundamentally in their duties to the child. This may happen, for example, where there has been physical abuse.<\/p>\n
It may amount to failure if the parents refuse or do not fulfil a parental role. The placement of a child for adoption of itself is not abandonment.<\/p>\n
Abandonment of parental rights is a relatively high test. It may occur where a child has been abused and mistreated.\u00a0 Strong evidence must be put forward of abandonment.<\/p>\n
An abandonment may arise for physical or moral reasons. It need not be intentional and may arise due to the incapacity of the parents arising from mental illness or other severe psychiatric conditions.<\/p>\n
Physical violence or manifested risk of it may be sufficient to constitute abandonment. A mere placement for adoption in itself is not abandonment. Accordingly, where the child is placed for adoption, and the parents subsequently remarry, the placement of itself would not constitute abandonment.<\/p>\n
<\/span>Orders by High Court<\/span><\/h3>\nOn an application being made, the High Court by order may authorise the Authority to make an adoption order in relation to the child in favour of the applicants and to dispense with the consent of any person whose consent is necessary to the making of the adoption order.\u201d,<\/p>\n
Before making an order the High Court shall be satisfied that\u2014<\/p>\n