Oireachtas Joint and Select Committees

Wednesday, 16 November 2016

Select Committee on Children and Youth Affairs

Adoption (Amendment) Bill 2016: Committee Stage

9:00 am

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

I move amendment No. 17:

In page 20, between lines 18 and 19, to insert the following:

"Insertion of new section 58A into Principal Act

26.The Principal Act is amended by the insertion of the following new section:"58A.A Child who has been adopted under the provisions of the Adoption Acts shall continue to be entitled to have access to his previous parents or guardians, or relevant non-guardians, prior to the adoption, should the child so wish, and provided that this is in the best interests of the child.".".

It is not difficult to imagine the circumstances under which this might apply. It is similar to the first amendment in some respects. A child may have had good relationships with other members of a family with which he or she previously resided. In most situations, an adoptive family will probably allow and facilitate access to a previous family, such as the parents themselves, where appropriate and where monitored and managed as appropriate, or grandparents, aunts, brothers or sisters. That will largely be the case but there does not appear to be any statutory basis for that child to have such access where he or she so desires. Obviously, this is the entire focus of this amendment and the legislation generally is based on the best interests of the child and the decisions and voice of the child. What I propose to do is ensure there is some statutory basis so that where it is in the best interests of the child and where that child so desires, he or she can continue to have access to his or her previous family, the family with which he or she lived or grandparents, brothers or sisters and that there is a statutory basis to ensure such children cannot be prevented from accessing those people who are so important in their lives by their adoptive parents who might not know their grandparents or brother or sister.

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