Seanad debates

Wednesday, 11 March 2009

Adoption Bill 2009: Committee Stage (Resumed)

 

12:00 pm

Photo of Alex WhiteAlex White (Labour)

I move amendment No. 12:

In page 24, line 12, after "consideration" to insert the following:

", and it shall be presumed unless the contrary is shown that the welfare of the child is best promoted in the society of either or both of the child's natural parents".

The test that arises from the Supreme Court decision in N and HSE is material to the amendment and to section 19 in general. The notion of the welfare of the child is not a freestanding concept. There must be a presumption going with it. Is there to be or ought there be a presumption going with it that the welfare of a child is best promoted in the natural family unless the contrary is shown? I am not sure whether that is the case or whether that ought to be the case. I do not believe that the notion of the welfare of the child is undifferentiated or a freestanding concept. I would be interested to hear the response of the Minister of State on that matter. It is not possible to reduce welfare to simply a financial contest between natural parents and the conceivably more well-heeled or better-endowed financially adoptive parents. That is the basis upon which we propose to insert the words contained in the amendment.

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