New Bill allows adoption regardless of parents’ marrital status

The right of children to be adopted irrespective of the marital status of their parents is part of the first Bill introduced in the Dáil by the new Government.

Minister for Children Katherine Zappone introduced the Adoption (Amendment) Bill, published last month by her predecessor Dr James Reilly, which gives effect to the constitutional amendment arising from the children’s referendum, passed in 2012.

Previously, a child could only be adopted where the parents were unmarried but under the Bill a child can be adopted where both parents consent to the adoption.

Ms Zappone said the legislation also provided that the best interest of the child would be “the paramount consideration in regard to any matter, application or proceedings under the Adoption Act 2010”.

Due weight

She said that would mean the views of the child would be ascertained by the Adoption Authority or by the court and those views would be “given due weight, having regard to the age and maturity of the child”.

The legislation also changes criteria under which the High Court could make an order authorising the adoption of a child without parental consent, “in a case of parental failure”.

The Bill will make specific provision for adoption by a step-parent to overcome the current requirement where a step-parent can jointly adopt a child with the parent, but the parent is obliged to adopt their own child.

Not acceptable

“I do not consider this to be acceptable,” the Minister said. Under this Bill, “the parent will continue to be a parent and the step-parent will be an adoptive parent”.

Adoption of a child by civil partners and cohabiting couples will also be inserted into the Bill.

Ms Zappone said the legislation provided significant improvements to the rights of children and “will give a voice to the child and we will finally put the best interests of the child at the centre of any decision regarding adoption”.