Alan Shatter (Dublin South, Fine Gael)

I move amendment No. 4:

In page 15, line 12, after "years" to insert the following:

"and over 18 years who was in the care of a person or persons other than his or her biological parent or parents for a period of three years or more prior to attaining the age of 18 years".

This deals with the reference to the term "child" and defines a "child" as any person under the age of 18 years. The relevance of the reference is that under the adoption legislation it is only a child who can be adopted. In the context of this amendment, I am proposing that there be added "and over 18 years who was in the care of a person or persons other than his or her biological parent or parents for a period of three years or more prior to attaining the age of 18 years".

There is a large number of children in foster care and a number of them who, having been in foster care for what was thought to be a period of short duration, have ended up in foster care of a long-term nature all the way up to attaining the age of 18 years and who would like to be legally recognised as part of their foster family. This amendment is designed to facilitate the making of an adoption order in respect of someone over 18 years who for a minimum of three years prior to attaining the age of 18 was in the care of persons other than their biological parents.

This is an issue that has been given very little attention in this State. It is an issue about which some people outside this House feel very strongly, including former foster parents of people in their early twenties and people older than that who have ultimately been, for all practical terms, a child of a foster family for the greater part of their childhood. One of the difficulties is that when, in years gone by, children were placed in fosterage even in circumstances where there was a possibility of adoption and the use of the Adoption Act 1988, it was not always brought to the attention of foster parents in the context of their circumstances by the HSE or social workers attached to the former health boards. This is designed to address that issue.

See this speech in context