Ivana Bacik (Independent)

I support this amendment. There are instances where the finality of an adoption order may not be appropriate. On Second Stage, I argued that it might be a good idea to provide for special guardianship in this Bill or in other legislation. This is a mechanism provided for in section 115 of the UK Adoption and Children Act 2002. It gives long-term foster carers an additional legal status vis-À-vis the child who has been in their care for some time but in respect of whom an adoption order may not be appropriate. Senator Fitzgerald's amendment seeks to do something similar by ensuring there can be some ongoing contact even when an adoption order has been made.

A special guardianship procedure would be an alternative route. It would allow foster parents to have a special guardianship of a child but does not amount to a full adoption order in respect of the child. The child does not terminate his or her rights in respect of the natural parents. In some cases, that may be better for the child and for all concerned. I raised that issue on Second Stage but the Minister of State did not respond at that time. The previous Minister of State with responsibility for children consulted widely about special guardianship because of the mechanism used in Britain. Will the Minister offer his view on this? It is not directly to the point of this amendment but seeks to do something similar, namely, to offer something other than the finality of an adoption order, which seems to be the system we have currently. Might there be a better way to ensure some ongoing contact, even in cases where an adoption order has been made? Might there be an alternative to making an adoption order in some cases, for example, where long-term foster carers have been caring for a child who has ongoing contact with his or her natural parents and does not wish to sever that contact?