Domestic Adoption 
Non-Family Adoption
Background
Over 43,500 domestic adoption orders have been made from 1952 to date. Whilst the number of applications have been in decline for the past number of years, the Domestic Adoption Unit, there has been considerable change in the complexity and diversity of the applications been received.
Foster Care
Beginning the Process
The first step for prospective adoptive parents is to contact their local Regional Adoption Service in the HSE in order to apply for assessment for a Declaration of Eligibility and Suitability, Contact information for all regional adoption services is contained in the ‘contact us’ section.
No fees are payable to the Adoption Authority of Ireland or to the HSE in consideration of an adoption application.
Who May Adopt?
The following persons are eligible to adopt:
(a) a married couple living together; this is the only circumstance where the law permits the adoption of a child by more than one person:
(b) a married person alone; in this circumstance the spouse's consent to adopt must be obtained, unless they are living apart and are separated under (i) a court decree or (ii) deed of separation or (iii) the spouse has deserted the prospective adopter or (iv) conduct on the part of the spouse results in the prospective adopter, with just cause, leaving the spouse and living apart;
(c) the mother, father or a relative of the child (relative meaning a grandparent, brother, sister, uncle or aunt of the child and/or the spouse of any such person, the relationship to the child being traced through the mother or the father);
(d) a widow or widower.
A sole applicant who does not come within the classes of persons defined under (c) and (d) above may only adopt where the Board is satisfied that, in the particular circumstances of the case, it is desirable to grant an order. It is not possible for two unmarried persons to adopt jointly.
Assessment
Adoption procedure [under construction]
Whose consent is required?
The consent of every person being a parent or guardian of the child or having charge of or control over the child is normally required to;
- allow the placing of a child for adoption, and
- allow the making of an adoption order for the child.
The consent of the father is required where:
- He marries the mother after the birth of the child, or
- He is appointed a guardian of the child or is granted custody of the child pursuant to a court order or otherwise.
The Adoption Act, 1998 provides for the consultation of the father of a child who is the subject of an adoption application or a proposed adoption placement, but in exceptional circumstances the Board may authorise the placement or application to proceed without such consultation where the father is not a guardian of the child.
The right of the natural father to be consulted is reinforced under the Adoption Act 2010. In instances where a birth mother is unwilling or unable to name the natural father, and the required consultation cannot take place, it will require, in most instances, a statutory declaration from the High Court to allow the placing of a child for adoption and the subsequent making of an adoption order for the child.
Consent to Placement
Where the child's adoption is being arranged by a registered adoption society, the mother, father (where he is a guardian) or other legal guardian must give an initial consent or agreement to the placing of the child for adoption by the society. This may be given at any time after the birth of the child.
Consent to Adoption Order
Consent to the making of an adoption order may not be given until the child is at least six weeks old. It may not be given earlier than three months before the date of the application for the adoption order.
Consent to the making of an adoption order may be withdrawn at any time before the making of the adoption order.
Consent to the making of an adoption order must be given in a form prescribed by the appropriate Regulations under the Adoption Act 2010.
The Adoption Authority of Ireland must satisfy itself that every person who has given consent to the making of an adoption order understands the nature and effect of the consent and of the adoption order and of certain legal rights. In order to comply with this requirement, the Authority appoints "authorised persons" to interview the consenting party (usually the mother) on its behalf. After the person has given consent he/she is interviewed by an "authorised person", who completes a questionnaire with him/her.
Dispensing with consent
The Adoption Authority of Ireland may dispense with consent if it is satisfied that the person whose consent is required is incapable by reason of mental infirmity of giving consent or cannot be found.
Where a mother who has initially agreed to the placing of her child for adoption fails, neglects or refuses to give her consent to the making of an adoption order, or withdraws a consent already given, it is open to the adopting parents, if they have applied for an adoption order for the child, to apply to the High Court for an order under section 3 of the Adoption Act, 1974. The High Court, if it is satisfied that it is in the best interest of the child to do so, may make an order under that section (a) giving custody of the child to the adopting parents for a specified period, and (b) authorising the Adoption Authority of Ireland to dispense with the mother's consent to the making of an adoption order in favour of them during that period.
Consent is not required to the adoption of a child in respect of whom the High Court has made an order under section 3 of the Adoption Act, 1988.
Reclaim of child
If a mother changes her mind about adoption before the making of the adoption order and seeks to reclaim her child but the adopting parents refuse to give up the child, then it is open to her to instigate legal proceedings to have custody of the child restored to her.
Birth Certificates of adopted children
When an adoption order is made, a new "birth" certificate may be obtained for the child. The certificate issued is not an actual birth certificate but a certified copy of the entry relating to the child in the Adopted Children Register. However, for all legal purposes it has the status of a birth certificate. The long form of the certificate gives the date of the adoption order and the name(s) and address of the adoptive parent(s).
Re-adoption
The only circumstances in which a further adoption order may be made for the same child are (a) where his/her adoptive parents (or parent in the case of the sole adopter) have died, or (b) where the High Court makes an order under section 3 of the Adoption Act, 1988, in respect of the child.
Who Arranges Adoptions?
At present, only the Regional Adoption Service of the HSE can arrange adoptions from 1 November 2010. However, expressions of interest have been invited from agencies who wish to be accredited by the Adoption Authority of Ireland for various roles in the arrangement of adoptions. Click here for contact details for the HSE.
What Is An Adoption Order?
An adoption order secures in law the position of the child in the adoptive family. On the making of the adoption order the parent(s) lose(s) all legal rights over the child and is freed from all duties. These rights and duties are transferred to the adoptive parents. The child is regarded in law as the child of the adoptive parents as if he/she were born to them in marriage. Legal adoption is permanent.
Children Eligible for Adoption
Usually, these Adoption Orders are made with the consent of the birth mother. Under the Adoption Acts, 1952 - 1976 an adoption order can be made only in respect of a child:
- who is an orphan, or
- whose parents are not married to each other, or
- whose parents married each other after the child's birth but whose birth has not been re-registered
and where the child's mother or guardian or any person having control over him consents to the adoption. The consent to the adoption must be given on the prescribed forms.
In addition, in exceptional cases, the High Court may make orders under section 3 of the Adoption Act, 1988, authorising the adoption of children whose parents have failed in their duty of care towards them.
Children born within marriage may be adopted under this provision. A child born outside marriage who is legitimated by the subsequent marriage of the natural parents is eligible for adoption provided his/her birth has not been re-registered. A child born to a married woman but whose husband is not the father, is eligible for adoption provided the facts of the child's paternity can be proven to the satisfaction of the Adoption Authority of Ireland. The child must reside in the State, be at least six weeks old and under 18 years of age. The child need not have been born in this country. An agency cannot place a child for adoption until the child is at least four weeks old.
Ages of Adopters
Minimum Ages
A couple adopting a child to whom they are not related must both be at least 21 years of age.
Where the child is being adopted by a married couple and one of them is the mother or father or a relative of the child, only one of them must have attained the age of 21 years.
Upper Ages
The law does not lay down upper age limits for adopting parents. However, age is a significant factor when assessing a couple's suitability to adopt and most adoption agencies apply their own upper age limits.
Residency of Adopters
Adopting parents must be ordinarily resident in the State and have been so resident for at least one year before the date of the making of the adoption order.
Religion
Where the adopting parents, the child and the parent(s) are not all of the same religion, the parent(s) must know the religion (if any) of each of the adopting parents when giving consent to the child's adoption.
Suitability
The Adoption Authority cannot make an adoption order unless it is satisfied that each of the adopting parents is a suitable person to have parental rights and duties in respect of the child.