Barry Andrews (Dún Laoghaire, Fianna Fail)

This amendment envisages a hybrid between fostering and adoption, a legislative halfway house. As Senator Bacik pointed out, previous Ministers of State with responsibility for children have, to an extent, investigated the matter. We may return to it but not in the context of adoption. Fostering arises out of child care concerns, as opposed to adoption, which is the creation of the same family tie that exists between a natural parent and a child. It is the recreation of that, on foot of the Adoption Bill and all the procedures contained therein. Fostering, on the other hand, arises from an order made, voluntarily or otherwise, under the Child Care Act 1991.

In Ireland we have a set principle that reflects the principles in the Hague Convention, namely, we prefer full adoptions because of constitutional provisions concerning the protection of the family. The Bill in its provisions allows for the conversion of simple adoption — the type of open adoption to which the Senator refers — into full adoption. I am not against the idea of an enhanced guardianship or a suite of rights for foster parents which would — I will be careful in my choice of words — improve the fostering relationship between parent and child and obviously in the best interests of the child. Recent legislation and child care legislation has given to foster parents the right to consent to medical procedures and to apply for a passport for a foster child. These are the kind of rights I have in mind and on which we can make progress. However, this would be under the heading of child care rather than under the heading of adoption. Under adoption we create a full adoption which gives to the adoptive parents and the child that same relationship as between natural parents and children in this country so, therefore, I am not inclined to accept the amendment.