Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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501. To ask the Minister for Children and Youth Affairs if the legal challenge to the validity of outcome of the Children's Referendum has required delays in publishing legislation on the part of her Department; and if she will make a statement on the matter. [19977/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The General Scheme and Heads of Bill of the proposed Adoption (Amendment) Bill was published in September 2012 in conjunction with the publication of the referendum proposal to inform the public of proposed changes to adoption law envisaged if the Constitutional amendment was approved.

The Adoption (Amendment) Bill 2013 proposes to make important changes to adoption law to provide the option of adoption for a child who has been placed in long term foster care because his or her parents are unable to provide, or resume, care for that child. The provisions of the proposed Adoption (Amendment) Bill 2013 will amend the Adoption Act 2010 to provide for the non-voluntary adoption of a child where his or her parents have failed in their duty towards that 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 the case of a child who is in the care of prospective adopters and where that child’s parents have failed in their parental duty to the child. The proposed legislation is not intended to provide that a child, who has contact with and a strong beneficial relationship with his or her birth parents and wider family, may be adopted unless that child's parents have voluntarily placed the child for adoption and have consented to the adoption order being made in respect of the child.

The draft Bill will also provide for the voluntary placement for adoption of any child irrespective of the marital status of his or her parents. In the case of a child of married parents, both parents must place the child for adoption and before doing so, will be counselled and given information in accordance with the provisions of section 14 of the Adoption Act 2010.

It is my intention to bring the Adoption (Amendment) Bill 2013 before the Houses of the Oireachtas as soon as possible, following conclusion of all proceedings and processes relevant to the confirmation of the referendum certificate of the 31st Amendment to the Constitution.