Seanad debates

Wednesday, 11 March 2009

Adoption Bill 2009: Committee Stage (Resumed)

 

11:00 am

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)

The baby Ann case is a very unfortunate set of circumstances. Those types of cases are determined on the basis of the best interests of the child, as we all know. Even under the old regime prior to this adoption Bill, every effort is made to allow the mother realise the consequences of both the placing of a child for adoption and the adoption order itself.

The best practice in this area internationally and here in Ireland from lessons we have learned from such unfortunate cases are encapsulated in the section and the corresponding section 28. I am satisfied that the amendment simply restates what is already in the section and that it does not go any further. The understanding that "the effect of her decision and that she has made her decision freely" is another way of saying what is already in section 14.

There can be no duress, which is implied as the opposite of a free decision, or oppression of will. This must be done on the basis of a full understanding of the consequences of what is being done and an understanding of the statement and the signing of that statement. There are a great deal of safeguards, all of which reflect best practice.

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