Martin Ferris (Kerry, Sinn Fein)
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30. To ask the Minister for Children and Youth Affairs her plans to implement section 22 of the Adoption Act 2010 based on means to support those persons that wish to adopt but are unable to do so due to the cost of adoption. [14849/16]

Katherine Zappone (Dublin South West, Independent)
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As the Deputy may be aware, the Adoption Act 2010 was commenced on the 1st of November 2010 and all sections of the Act came in to operation on that date.

Under the Adoption Act 2010 the Child and Family Agency carries out robust and comprehensive assessments on individuals who wish to adopt a child. The assessment of a person suitable to adopt as per section 34 of the Adoption Act 2010 states that an adoption order shall not be made unless the Authority is satisfied that the applicant is a suitable person to have rights and duties in respect of the child, is of good moral character, in good health and of an age that he or she has a reasonable expectation of being capable throughout the child’s childhood of fulfilling his or her parental duties in respect of the child. In addition, the applicant needs to demonstrate an ability to promote and support the child’s development and well being, providing the necessary health, social, educational and other interventions for the child, and valuing and supporting the child needs in relation to his or her identity and ethnic religious and cultural background. The assessment includes ensuring that the applicant has adequate means to support the child.

Section 22 of the Adoption Act 2010, provides that the Child and Family Agency may contribute towards the expenses incurred by a person in connection with an application to adopt. I am advised by the Child and Family Agency that this may occur when dealing with the issue of dispensing with consent. Section 26 of the Act provides that an adoption order cannot be granted unless consent has been given by a child’s mother, a guardian or person having charge of the child. In cases where the mother cannot give consent or is unwilling to do so and it is deemed that adoption is in the child’s best interest, the case will be referred to the High Court where the dispensing of the mothers consent will be considered. These cases are often associated with children in long term care who are being adopted by their foster carers. In such cases the Agency may meet the High Court costs if the applicants, as identified through the assessment do not have the means to meet these costs. The Agency may also meet the cost of supplementary assessments such as DNA testing in order to determine parentage and/or psychological tests where the costs cannot be met by the person required to undergo the assessment.