Seanad debates

Wednesday, 11 March 2009

Adoption Bill 2009: Committee Stage (Resumed)

 

1:00 pm

Photo of Alex WhiteAlex White (Labour)

I move amendment No. 23:

In page 31, line 1, to delete "The" and substitute the following:

"Save in the case of an application by a natural parent or relative of the child, the".

Section 34 addresses persons suitable for adoption or for the recognition of an intercountry adoption effected outside the State and sets out a number of tests. The amendment is intended to make an exception in respect of applications by a natural parent or relative of the child.

A strong argument can be made that the rigorous tests, which are included in section 34 for a good reason, are not appropriate to an application by a parent or relative in some respects. For example, section 34(c) refers to having "adequate financial means to support the child". Essentially, were Members to retain this section as drawn up at present, they would be declaring that an unmarried mother or father of his or her own child could not become an adopter because he or she lacked the financial means or had no money. Similarly, Members should consider the reference to age in section 34(b). Is it their intention to specify that grandparents will not be able to adopt a grandchild because of the age of the former? I suggest, by means of this amendment, that more sensitive tests are required in the circumstances of a proposed adoption by parents or relatives, as opposed to those by unconnected third parties or other parties.

As for amendment No. 24, instead of "each", it proposes to include the word, "either". Essentially, this pertains to the qualifications on who is suitable to adopt. It is based on the argument that the qualification on who is suitable to adopt places an unreasonable requirement on applicants. This is an attempt to modify it a little by stressing, "either", rather than "each", in respect of their ability to parent, if this makes sense to the Minister of State. It modifies the qualification a little and makes it somewhat less of a burden. This certainly is the view of the International Adoption Association, which has been communicated to me.

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