Barry Andrews (Dún Laoghaire, Fianna Fail)

The position in general terms in the Constitution is that it is presumed the best interests of children are served in the marital family. We can debate that presumption all day in the context of the marital family and natural parents but that is not really relevant to this matter. We are dealing with what considerations are to be taken into account during adoption proceedings. Naturally, adoption proceedings kick in when a natural parent presents a child for placement once all of the previous circumstances have been satisfied. It only kicks in when the adoption process has begun.

At that point, the presumption that is being suggested by the amendment, albeit a rebuttable presumption, carries the danger of skewing what, up to now, has served its purpose very well, namely, that the first and paramount consideration should be the child's best interest, and that at no point should a burden to disprove anything be placed on adoptive parents. It should simply be the case that if it is in the best interests of the child to stay with the adoptive parents, then so be it, and if it is in the best interests of the child to be returned to the natural parents, then so be it. That should be adjudicated freely in court and should depend on the circumstances arising in the case.

This has been the practice. As I am sure Senator Alex White is aware, the interest of the child is not just a financial matter and of course it encompasses the physical, moral, educational, spiritual and social interests of the child. That is the way in which the welfare of the child is taken into account.