Seanad debates

Tuesday, 24 January 2017

Adoption (Amendment) Bill 2016: Second Stage

 

2:30 pm

Photo of Lorraine Clifford LeeLorraine Clifford Lee (Fianna Fail) | Oireachtas source

I welcome the Minister to the House and thank her for her comprehensive explanation of the Bill's provisions. Fianna Fáil welcomes the Bill, as it gives legislative effect to Article 42A, which was inserted in the Constitution by the children's rights referendum. Fianna Fáil supported that referendum and I engaged in a great deal of door-to-door canvassing on it. As such, I am delighted to see this Bill before the House.

The Bill requires that the views of the child be heard and given due weight in adoption cases. The Minister has comprehensively outlined the relevant provisions. It removes a number of outdated anomalies, for example, that married parents may not voluntarily place their child up for adoption and a step-parent may not adopt a partner's biological child without the partner being required to adopt the child as well. This is welcome.

In discussing the Bill, it is important that we refer to its context as well as the changing face of Irish families and society. I will cite figures from the 2011 census. More than 200,000 households comprised lone parents, 17,378 one-parent households were living in multi-family situations, more than 49,000 households of cohabiting couples had children of under 15 years of age and more than 4,000 same sex couples were living together. The Bill's provisions will assist the thousands of families making up these statistics - the numbers have certainly increased since - and, importantly, give additional rights to children living in such households.

Regarding adoption in the case of parental failure, it is important that children in the care system not be allowed to drift and are given security. The changes are welcome and sensible. Of the 94 Irish adoptions that occurred in 2015, only 13 were from long-term foster care and most occurred when the children involved were approaching their 18th birthdays. This was unacceptable and could not be allowed to continue because those children were deprived of security during their childhoods. All children deserve security, be it with their biological families or as part of foster families.

Approximately 600 children in full-time care are from families based in marriage. The changes provided for in the Bill allow for the possibility that these children may be adopted if the circumstances allow. That is welcome.

While we support the Bill, further legislation or guidelines are required to give full effect to Article 42A of the Constitution in adoption proceedings.In particular, guidelines on best practice for courts in ascertaining the views of the child should be considered in line with the Law Reform Commission recommendations. The guardian ad litemsystem must also be reformed. Fianna Fáil will shortly introduce legislation in the Dáil to give effect to these changes.

I recommend to the Minister that the grant for foster carers be extended to families who proceed to adopt a child they have been fostering. The removal of this grant often acts as a barrier to adoption and in such circumstances only the child loses out. I ask the Minister to consider extending the grant to families post-adoption.

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