Seanad debates

Tuesday, 13 June 2017

Adoption (Amendment) Bill 2016: Report and Final Stages

 

2:30 pm

Photo of Fintan WarfieldFintan Warfield (Sinn Fein) | Oireachtas source

This amendment would give the subject of an adoption and the family some leeway, at the discretion of the Adoption Authority of Ireland. I do not ask for the removal of the upper age to be considered, although there are certain provisions to that effect in some jurisdictions. It probably seems to be counterintuitive to some that adoption should be possible after the age of 18 years, but the adoption process is long. In the 2010 Act some of the provisions and timeframes involved result in circumstances in which it might not be possible to conclude the process before the child reaches the age of 18 years. For example, a child who might be brought into a family at the age of 15, 16 or 17 years might not, owing to the timeframes involved and administrative delays, have his or her adoption process concluded before reaching 18. That is relevant and important, for a variety of reasons which particularly relate to property rights. If a prospective adoptive parent were to die intestate, it would obviously have serious implications for the prospective adoptee who, if adopted, would be entitled to inherit. It would also make a difference in the payment of dependent child allowances and other social welfare benefits. There ought to be some flexibility in that regard. The sharp cut-off point of 18 years potentially creates difficulties for families and individuals who would otherwise be the subject of an adoption. There should be flexibility to allow for the fact that there might be a difficulty or a delay in processing an adoption case such that it would not be concluded until after the child reached the age of 18 years.

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