Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Children and Youth Affairs if she is satisfied regarding the availability of sufficient personnel to ensure the full implementation of any legislation arising from the forthcoming referendum on the rights of children; and if she will make a statement on the matter. [40878/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In conjunction with the 31st Amendment to the Constitution Bill I have produced the General Scheme of the Draft Adoption (Amendment) Bill 2012 the primary purpose of which is to set out legislative changes to follow on from the Constitutional Referendum on Children, if passed.

- The provisions of the draft Adoption (Amendment) Bill 2012 aim to amend the Adoption Act 2010 (the '2010 Act') to provide for the following:

- Non-voluntary adoption of a child where the parents have failed in their duty towards the child: The draft Bill will change the criteria, applicable under section 54 of the 2010 Act, under which the High Court may authorise the making of an adoption order without parental consent, in a case of a child who is in the care of the prospective adopters for a period of at least 18 months and where the child's parents have failed in their parental duty to the child for a period of at least 3 years and in circumstances where there is no reasonable prospect of the parent resuming care of the child.

- Voluntary placement for adoption of a child of marital parents: The draft Bill provides for the voluntary placement for adoption and the subsequent adoption of a child of married parents, in circumstances where both parents place the child for adoption. This is not possible under present law.

The resource implications of these amendments are under consideration.