Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Okay. I am proposing an amendment to the definition of "relevant non-guardian" in section 3 of this Bill, which replaces section 3 of the Adoption Act 2010. The intention behind this amendment is to ensure grandparents, siblings and others who have played a significant role in the life of a child will be in a position to be considered if that child is being adopted. It is not difficult to imagine the kind of people who might be affected by this measure. I am making this proposal because, in some circumstances, the child might have had a better relationship with "a birth grandparent, siblings, or other blood relative". The child's relationship with his or her parents might have been more difficult or potentially abusive.

In such circumstances, the relationship with the grandparent, sibling or other relative may not have been difficult and the relative may have raised the child for a period in his or her young life.

The amendment does not provide that every person who is a relative should be considered a relevant non-guardian. I underline that the proposal is very much qualified and an additional three-part test would apply. The person must be considered to have played a "formative", "active" and "beneficial" role in the life of the child and it is at the discretion of the Adoption Authority of Ireland to make this determination. The purpose of the amendment is to ensure that all persons who have had a significant role in a child's life, in accordance with the definition set out in subsections (a), (b), (c) and (d), will be considered relevant non-guardians and consulted appropriately.

Amendment No. 2 is related, while amendments Nos. 3 and 11 are consequential. Amendment No. 2 is relevant because it is important that where consultation does not take place, reasons should be given outlining why a person who could be considered a relevant non-guardian has not been consulted. It is not necessary to provide a detailed statement. The reason for the amendments is to ensure that persons who have played a significant role in the life of the child, were part of his or her family and were actively, formatively, positively or beneficially involved in raising him or her would be consulted. Such consultation can be set aside or not factored in by the authority as it sees fit but such persons should at least be provided with an opportunity to engage in consultation.