Written answers

Tuesday, 22 January 2019

Department of Employment Affairs and Social Protection

Adoption Legislation

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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632. To ask the Minister for Employment Affairs and Social Protection her plans to include provision of rights that would guarantee legal certainty for male same-sex families adopting children abroad as part of the proposed civil registration Bill; and if not, the reason therefor. [2581/19]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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There currently exist a range of provisions in respect of adoptions, including those made from abroad by male same-sex couples.

In terms of registration, children adopted abroad are registered in the register of inter-country adoptions. This register is maintained by the Adoption Authority, which is appointed by the Minister for Children and Youth Affairs.

Domestic adoptions are registered in the Adopted Children Register, by the General Register Office, on receipt of an adoption order made by the Adoption Authority. It is not necessary to amend this legislation as it already allows for registration of adoptions by same-sex male couples. The abridged adoption certificate, which appears identical to a birth certificate by displaying details of adopters as "mother" and "father", will be updated by way of regulation to also include details of "parent", to coincide with commencement of legislation that will provide for this on birth certificates.

Legal recognition of adoptions is provided for in the Adoption Act 2010 (as amended). This legislation is the responsibility of the Minister for Children and Youth Affairs, who has informed me of the following concerning adoptions by same-sex male couples.

The Adoption (Amendment) Act 2017 was commenced on the 19thof October 2017. The primary purpose of the Act is to give effect to Article 42A (Children) of the Constitution, in so far as it relates to adoption. In particular, the Act provides for:

- The adoption of any child, regardless of the marital status of his/her parents.

- The Adoption Authority of Ireland or the Court, to regard the best interests of the child as the paramount consideration.

- The Authority or the Court to ascertain the child’s views and such views to be given due weight having regard to the age and maturity of the child.

- The introduction of revised criteria for dispensing with consent, in the case of the adoption of children whose parents fails in their duty towards them.

- The adoption of a child by his or her step parent without the requirement for the child's other parent to adopt his or her own child.

- The provision for the joint adoption of a child by civil partners and cohabiting couples.

- The further adoption of a child who was previously adopted.

The Adoption (Amendment) Act 2017 amends the Adoption Act 2010. Before the commencement of the Adoption (Amendment) Act 2017 only a sole applicant or a married couple could apply to adopt a child under the Adoption Act 2010. On commencement of the Marriage Act 2015, a same sex married couple who were married in accordance with that Act automatically became eligible to apply to adopt a child.

Therefore, there are no plans to include provisions in civil registration legislation, including the proposed Civil Registration Bill 2019, that would extend additional provision in respect of such adoptions.

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