Barry Andrews (Dún Laoghaire, Fianna Fail)

The area being discussed is quite interesting. As Senator Fitzgerald has said, there is a body of opinion that open adoption will become more common in the future.

However as the Senator is aware, the current position is that an adoption order effects the termination of the relationship between the natural parent and the child. Therefore, the child is treated in law in the same way as any other child and this is protected under the Constitution. Nevertheless, the Oireachtas joint committee to which the Senator referred is examining the constitutional rights of the child. It has done a great deal of work on this issue already and has until the end of the summer to work on it as a report is due at the end of September.

There are various ways in which one might like to call adoption a form of alternative care. There is a long tradition of fostering in Ireland, which can be a short-term measure for a period of months if a child is in a difficult position in its own family home. In addition, much more long-term fostering exists and many rights to which I referred yesterday have been given in respect of long-term fostering situations, including the right to consent to medical treatment and to apply for passports. Relative adoption also exists, whereby relatives of a child adopt and in such circumstances, although a full adoption has taken place, there often is contact with the natural parents.

However, the Government is constrained by the current position. Even were I so inclined, I do not believe I could accept this amendment. The Irish model of adoption is accepted under the Hague Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption. It would be necessary to carry out a great deal of work to put in place a statutory framework as envisaged by this amendment before one could even consider it. The first step to take will be to go through the Oireachtas Joint Committee on the Constitutional Amendment on Children and to scope out such issues there before making any other statements on this issue.