Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The general scheme and heads of the proposed Adoption (Amendment) Bill were published in September 2012 in conjunction with the referendum proposal to inform the public of proposed changes to adoption law envisaged if the constitutional amendment was approved.

The Joint Committee on the Constitutional Amendment on Children was established in 2007 to examine the proposals to introduce a constitutional amendment on children and to make recommendations, as appropriate.

The final report of that committee recommended, with regard to adoption, that legislation should be introduced to provide for the adoption of any child, whether from a marital or non-marital family, where the parents of that child have failed in their responsibility to that child for such a period of time as may be prescribed by law, and where adoption is considered to be in the best interests of the child. The report also recommended that provision be made by law for voluntary placement for adoption and the adoption of any child.

The adoption (amendment) Bill 2013 proposes to make important changes to adoption law to provide the option of adoption for a child who has been placed in long-term foster care. The provisions of the proposed Bill will amend the Adoption Act 2010 to provide for the non-voluntary adoption of a child where his or her parents have failed in their duty towards that child. The draft Bill will change the criteria, applicable under section 54 of the 2010 Act, under which the High Court may authorise the making of an adoption order without parental consent in the case of a child who is in the care of prospective adopters and where that child’s parents have failed in their parental duty to the child. The proposed legislation is not intended to provide that a child who has contact with and a strong beneficial relationship with his or her birth parents and wider family may be adopted, unless that child's parents have voluntarily placed the child for adoption and have consented to the adoption order being made in respect of the child.

It is my intention to bring the adoption (amendment) Bill before the Houses of the Oireachtas as soon as possible following the conclusion of all proceedings and processes relevant to the referendum. In addition to the provisions included in the draft Bill, my Department is separately examining further possible changes to the Adoption Act 2010.

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