Step-Parent Adoption

What is Step-Parent adoption?

The term Step-family adoptions refers to the adoption of a child by one of his or her natural parents and the spouse of that parent, who is not the parent of the child: in practice it is usually the natural mother and her husband who seek to adopt.

Applications are made in such cases so that the birth parent’s spouse can establish legal rights in respect of the child within the family unit. This also ensures the child's inheritance rights within the family. The making of an adoption order in these cases involves the natural parent giving up sole legal rights in respect of the child and, with his or her spouse, taking on joint legal rights, responsibilities and guardianship in respect of that child.

Children of Marriage in Step-Parent adoption

A step-parent application for an Adoption Order must be a joint application by the birth parent and his/her marital spouse. If the husband or wife adopted the child on their own, their partner would have no rights and responsibilities in relation to the child. Applicants must be married. An application cannot be made if and until the applicants are married.

Other reasons include the option of surname change, which allows subsequent identifying documents such as passport to be issued in the family name; recognition of the strength of the step-parent/child relationship; and the granting of parental rights and responsibilities to the step-parent. In practice, this can ease anxieties about who will care for the child in the event of the mother's death.

How to Apply

Applicants must, in the first instance, apply to the appropriate Regional Adoption Service of the HSE. Click here for contact details for the HSE.

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.

It is very important to note that in a step-parent adoption, children born within a previous marriage are not eligible for Adoption.

That is to say:

If the applicant has been divorced, any children of that marriage are not eligible for adoption under Irish law
If an person is bereaved, and subsequently remarries, the child(ren) of his or her previous marriage are not eligible for adoption under Irish Law.

Consultation of Child

Irish law provides for consultation with all children over 7 years of age. However, every child has to have an age/development appropriate understanding of their birth circumstances. This issue is discussed with the couple by the professional carrying out their assessment for eligibility and suitability as adoptive parents.

Notification of the child's birth father

If the birth father is a legally appointed guardian of the child, then his consent to the adoption must be obtained before the Adoption Authority of Ireland can make an Order in favour of the birth mother and her husband. If he is not a guardian of the child, the Authority is legally obliged to notify the birth father that an adoption application has been made in respect of their biological child. Since 1998, birth fathers have the right to be notified of the adoption of their child. The Adoption Act, 1998 requires the Authority to consult with the birth father about the adoption application. The birth father's consent is only required if he is a legal guardian of the child. If he is not a guardian, it is up to him to seek access and/or guardianship through the courts.

In cases where there is ongoing contact between the child and the birth father and/or his family, adoption may not be the best option for the child as adoption can sever the connection between the child and his birth family. In such cases the parents could consider shared guardianship as a means of allowing the step father some legal parental rights and responsibilities in relation to the child.

In cases where the birth father makes known his opposition to the application and the making of an adoption order for his biological child, the birth father would have to initiate Access and/or Guardianship proceedings in the Courts. When the Authority receives evidence to this effect, it will adjourn the application pending the outcome of the Court action.

Should the Court decision be in favour of the birth father, the application may be adjourned by the Authority for a reasonable period of time where it will be open to the applicants to appeal the Court decision, and/or to see how access is progressing.

Under the Adoption Act 2010, the right of the natural father to be notified is reinforced: if the natural mother is unwilling or unable to name the natural father, a statutory declaration will be sought from the High Court to allow the application to proceed. The Authority may, in rare instances, decide to proceed without notification of the natural father, but will require substantial and compelling evidence as to why it should do so in order to make such a decision.

Where the natural father is an applicant

There are cases where it is the father of the child and his wife that are making the application for a step-parent adoption. In such cases, the consent of the birth mother would be required. Consent is required from the birth mother as she would normally be the child's legal guardian. Where a birth mother is deceased, documentary evidence in the form of a death certificate is required.

Documentary requirements

Form 1
Form NF1
The child's (long version) birth certificate
The applicant's (long version) birth certificates
Civil Marriage certificate (if issued abroad, an English translation may be required)
Divorce papers may be requested, if applicable
Garda clearances for both applicants
HSE clearances for both applicants
At least 2 references

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