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

I move amendment No. 7:

In page 12, between lines 11 and 12, to insert the following:“(3) This section shall not generally apply to persons who, at the date of the adoption order, were more than 18 years of age, however, the Adoption Authority may waive this requirement if they believe it is in the best interests of the person for whom an adoption is being sought. The adoption authority shall also consult the prospective adoptive family in deciding whether to waive the requirement to be less than 18 years of age.”.

This amendment relates to a point that was made previously and I agreed to consider what the Minister said. However, I retain the view that it is something that must be dealt with either in this legislation or in a future legislative measure. In this instance, I believe it is worth pursuing. There are two contexts in which it would apply. One is probably more urgent than the other, but it is still relevant and worth considering. It is particularly important in instances where there might be some delay in the administration. As I said on Committee Stage, adoption should not be a speedy process. It is right that it should be thought through and comprehensively well managed. However, that presents the potential difficulty that a delay would result in a child reaching the age of 18 years before the adoption order has been fully processed.

I understand that all efforts are made to rush it through where it is absolutely required, but there should be some provision to allow for people who have reached the age of 18 years to be considered to be adopted. That is in very restricted circumstances. It would allow the person, after they have reached the age of 18 years, to enjoy certain entitlements. Obviously there are significant differences in how that person might enjoy property rights and social welfare entitlements. Indeed, I believe there are some implications for the property rights of the would-be adoptive parents as well. Most of the Deputies were present for the discussion on Committee Stage. If somebody were to die intestate, how the person would be entitled to benefit subsequently would be greatly different.

If that person were to die testate, they would still be subject to a much greater tax on any assets to which they would be entitled.

Essentially, this relates to a very small number of cases where it might be necessary to regularise those situations to provide some recognition. It should not be open-ended. Due discretion and care should be shown in that regard. This is an important issue that needs to be dealt with. The adoption is entirely about the welfare of the child and providing an environment in which the welfare of child is safeguarded and advanced. This amendment is not particularly about the welfare of the child, rather it deals with a person who has ceased to be a child but that person will continue to have rights. That person has a history that should be recognised in terms of their property rights and entitlements with respect to how they deal with the State more generally.

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