The Adoption Act 1988 permits the adoption of the children of married parents in highly exceptional circumstances only. It must be determined that the child’s parents have for physical and moral reasons failed in their duty towards the child. The failure must amount to an abandonment on the part of the parents of all parental rights.<\/p>\n
Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.<\/p>\n
4.1\u00ba\u00a0 \u00a0 \u00a0 Provision shall be made by law that in the resolution of all proceedings\u2014<\/p>\n
i) 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<\/p>\n
ii) concerning the adoption, guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.<\/p>\n
2\u00ba\u00a0 \u00a0 \u00a0 \u00a0Provision 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.<\/p>\n
Orders for custody are not final. They may be varied or discharged from time to time as circumstances change. There must, however, be some new basis for the application.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Parents & Third Parties The Guardianship of Infants Act applies to custody disputes between parents and third parties. The former Constitutional protection of the family and parental rights was such that it was only in very exceptional circumstances that an outsider would be preferred to a parent. However, exceptionally, where the welfare of the child […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[296],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20786"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=20786"}],"version-history":[{"count":11,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20786\/revisions"}],"predecessor-version":[{"id":33171,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20786\/revisions\/33171"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=20786"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=20786"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=20786"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}