Barry Andrews (Dún Laoghaire, Fianna Fail)

We have already had an extensive debate on this issue. I do not intend to accept any of the amendments in this group for the reasons I outlined on Committee Stage.

I accept it is unsatisfactory that natural mothers have to adopt their own children but the correct way to resolve this is through guardianship legislation. In September 2009 the Law Reform Commission published a consultation paper entitled Legal Aspects of Family Relationships and invited submissions from interested parties on the types of arrangements that could be made in guardianship legislation in order to facilitate a situation in which a person attempts to form a relationship with a child of a spouse or partner.

If we try to address this issue by way of amendment at this late stage, it will have a profound effect on other obligations in adoption law. Deputy O'Sullivan noted that her amendment tries to capture the idea of open adoption but this would be contrary to what we are trying to achieve in the Bill. On the basis of the Law Reform Commission paper due to be published at the end of this year, we will discuss with the Department of Justice, Equality and Law Reform, which has responsibility in the area of guardianship, the kinds of issue that may arise. The paper deals with a number of complex issues and it would not be satisfactory to attempt to address them by means of this Bill.

The Adoption Board has for many years pointed out that it is unsatisfactory and inappropriate to require a birth parent to adopt his or her own child. Such parents surrender their sole parental rights and assume joint parental status with the step-parents. The Law Reform Commission canvassed opinions on whether a minimum period should apply within which a step-parent would have to form a relationship with a child before an adoption could be effected. The same question would have to be asked in regard to guardianship. It also asked whether an adoption should only be done by agreement or if a step-parent should be able to make an independent application. I do not think we have clearly considered these issues in the context of this Bill and, for that reason, I do not accept the proposed amendments.

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