Oireachtas Joint and Select Committees

Wednesday, 9 April 2014

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Children and Family Relationships Bill 2014: Discussion

1:15 pm

Dr. Fergus Ryan:

On second parent adoption, as the law stands, where a step-parent who is a spousal parent wishes to adopt the spouse's child, the step-parent and the parent have to adopt the child together. This means that the biological parent has to give up the child for adoption and then go through the adoption process. In a number of other jurisdictions there are facilities for step-parent adoption. Under the Bill, civil partners, as well as spouses, are enabled to adopt a child without the biological parent who is a spouse or civil partner having to go through that process. This raises difficult questions. In particular, one would have to have regard to the position of other parents in this context. It is not a straightforward issue, but nonetheless it might benefit from consideration of some scheme for second parent adoption. I understand this is possible in the United Kingdom. As the scheme stands, the biological parent is required to give up the child for adoption and then adopt the child jointly.

It is suggested that a much easier solution would be to permit second parent adoption, with appropriate safeguards for other interested parties.

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