Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I am pleased to confirm that all sections of the Adoption (Amendment) Act 2017 are now in force.

The primary purpose of the Adoption (Amendment) Act 2017 is to give effect to Article 42A of the Constitution in so far as it relates to adoption. In particular, the Act provides for the adoption of any child, regardless of the marital status of his or her parents. It also provides for the best interests of the child to be the paramount consideration in respect of any matter, application or proceedings under the Adoption Act 2010. The Act also provides for the views of the child to be ascertained by the Adoption Authority or a court and for those views to be given due weight having regard to the age and maturity of the child.

In 2017, I signed the commencement order to give effect to the provisions in the Adoption (Amendment) Act 2017. All provisions of the Act other than section 24(1)(a) were commenced on 19 October 2017.  Section 24(1)(a) provides that before making an application for a child to be adopted because of parental failure, Tusla, the Child and Family Agency, must be satisfied that every reasonable effort has been made to support the parents of the child in question. This provision came in to operation on 1 February 2018.

I regard the Adoption (Amendment) Act 2017 as important and progressive legislation. It makes adoption a realistic option for children of married parents, where appropriate. It allows the High Court to dispense with parental consent to adoption in certain circumstances and provides for the adoption of a child by civil partners and co-habiting couples. Importantly, the Act allows for the adoption of a child by his or her step-parent, without the previous requirement for the child's other parent to adopt his or her own child. This provision addresses a very unsatisfactory situation that prevailed under the earlier legislation.

The legislation has been enacted and commenced. It is an important milestone and I am proud to have been the Minister to bring it through both Houses. I am very appreciative of my colleagues in this House and the Seanad who supported its commencement and implementation.

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