Adoption

Adoption in Ireland

Adoption is the process whereby a child becomes a member of a new family. It creates a legal relationship between the adoptive parents and the child.

Adopting a child who is resident in Ireland is called a domestic adoption. If the child is living abroad, the process is called intercountry adoption.

An adoptive mother (or a man who is a sole adopter) is entitled to avail of adoptive leave from employment.

As adoption is a complex legal process, it is helpful to be aware of the basics of adoption law.

• Tusla – the Child and Family Agency is the competent authority for the assessment of domestic adoptions, which they then submit to the Adoption Authority of Ireland for review and approval. Accredited bodies work with Tusla in all areas of adoption, undertaking those activities for which they are accredited.
• An adoption order secures in law the position of the child in the adoptive family. The child is regarded in law as the child of the adoptive parents as if he/she were born to them.
• Adoption orders are made by the Adoption Authority of Ireland which was established in November 2010 under the Adoption Act 2010. The Adoption (Amendment) Act 2017 changed some of the rules on adoption.
• Under the Adoption (Amendment) Act 2017 all children are now considered equal in terms of their eligibility for adoption. The Act allows for children born to married parents to be adopted. It also allows for children who were previously adopted to be adopted again. See the Tusla website. Under the Act the best interests of this child are recognised as the most important consideration in any adoption application.
• A guardian is an adult who has legal rights and duties in relation to a child. The birth mother of a child is automatically a guardian of the child. As the father of a child, to have guardianship status, you must either be married to the mother at the time of the birth, have married the mother after the birth of the child and re-registered the child’s birth to reflect this, or you obtained guardianship through a court order or statutory declaration.
• A relevant non-guardian has a right to be consulted about a proposed adoption. A relevant non-guardian can be:
  • The parent of a child who is not a guardian
  • A type of guardian who doesn’t have the right to consent to an adoption

The Adoption (Amendment) Act 2017 also includes a provision that within 10 months of the passing of the Act the Minister must initiate a review and consultation about the introduction of open or semi-open adoption in Ireland. This review should include public consultation and legal and policy analysis.

 

Adoption Process

Assessment

Applicants who are looking to adopt undergo a detailed assessment. The assessment is carried out by an accredited adoption agency or Tusla social worker. It includes a number of interviews and home visits. If the application is from a married couple, there are both individual and joint interviews.

The social worker will discusses such areas as previous and/or current relationships, motives for adopting, expectations of the child and the ability to help a child to develop his/her knowledge and understanding of his/her natural background. All applicants have to undergo a medical examination.

The social worker then prepares a report which goes before the local adoption committee and a recommendation is made.

Declaration Of Eligibility And Suitability

Your application for assessment, the report and the local adoption committee’s recommendations are sent to the Adoption Authority of Ireland. If all documents are in place and correct, the Adoption Authority of Ireland will consider the recommendations and decide whether to grant a declaration of eligibility and suitability.

The declaration is granted for a period of 2 years from the date it is issued. It may include in it a statement relating to the age or state of health of a child whom you are considered suited to parent – this is based on information provided in the assessment report. If your declaration is about to expire you can apply to have it extended for 1 extra year, provided there have been no changes in your circumstances.

New rules about applying for, granting and removing declarations of eligibility and suitability came into effect on 1 January 2018. You can read the rules around declarations of eligibility and suitability (pdf) on the Adoption Authority of Ireland’s website.

Best interests of the child

When it decides on an application for adoption, the Adoption Authority of Ireland always places the best interests of the child first. The Authority will consider all the following:

• The child’s age and maturity
• The physical, psychological and emotional needs of the child
• The likely effect of adoption on the child
• The child’s views on his or her proposed adoption
• The child’s social, intellectual and educational needs
• The child’s upbringing and care
• The child’s relationship with his or her parent, guardian or relative as the case may be
• Any other circumstances affecting the child

 

Adoption Order

The period of time between the granting of the declaration of eligibility and suitability to the making of an adoption order differs from one case to another depending on the type of adoption application being made and the particular circumstances of the applicants and the child.

In the case of a step-parent adoption where the child is in situ, it is expected that the application for the adoption order will progress during the lifespan of the declaration of eligibility and suitability. Where it is a domestic infant adoption, there is no guarantee that a couple will be matched with a child during the lifetime of the declaration. Before making an adoption order the Adoption Authority of Ireland must be satisfied that the child is eligible to be adopted.

Adoption Hearing

When the adoption order is finally being made, the child and adoptive parents go before the Board of the Adoption Authority of Ireland and the adopters give sworn evidence as to their identity and eligibility. They will have previously completed a form indicating the name that the child wants on the adoption order. This can be changed at the adoption hearing but it is preferable for this to have been agreed on before the date of the hearing. More information about this day is on the Adoption Authority of Ireland’s website, including age-appropriate videos and leaflets for children.

Adoption Certificate

At the adoption hearing, you are given information on how to go about getting a new birth certificate for the child. The new birth certificate (adoption certificate) is normally available through the Registrar General’s Office within 4 weeks. Although it is not an actual birth certificate, it has the status of one and replaces the birth certificate for legal purposes. It gives the date of the adoption order and the names and addresses of the adoptive parents and is similar in all aspects to a birth certificate.

How To Apply

If you have an enquiry about adoption in Ireland, contact your local Tusla adoption service.

A certified copy of an entry in the Adopted Children Register, which can be used for legal and administrative purposes, costs €20. It is available through the Registrar General’s Office.

Intercountry Adoption

If you adopt a child who is living in a country outside Ireland, the process is called intercountry adoption. Adopting a child who is resident in Ireland is called a domestic adoption.

Adoption is the process whereby a child becomes a member of a new family. It creates a legal relationship between the adoptive parents and the child.

As intercountry adoption is a complex legal process, it is helpful to be aware of the basics of adoption law.

• An adoption order secures in law the position of the child in the adoptive family. The child is regarded in law as the child of the adoptive parents as if the child was born to them.
• Adoption orders are made by the Adoption Authority of Ireland. It also has the power to recognise an adoption made outside the State. It was established in November 2010 under the Adoption Act 2010.
• The 2010 Act also ratified the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (the ‘Hague Convention’). The only countries recognised by Ireland for intercountry adoption are those that have also ratified the Hague Convention. The Adoption Authority is the Irish Central Authority under the Convention.

Who can adopt?

In order to adopt a child, you must be at least 21 years of age. You must be ordinarily resident in the State and must have resided in the State for at least one year before the date of the making of the adoption order.

Since the commencement of the Adoption (Amendment) Act 2017 (pdf), the following persons are eligible to adopt:

• A married couple living together
• A couple living together in a civil partnership
• A couple cohabiting together in a relationship for a minimum of 3 years
• The mother, father or 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)
• A sole applicant who is not in one of the categories listed above may only adopt where the Adoption Authority is satisfied that, in the particular circumstances of the case, it is desirable and in the best interests of the child

There are no legal upper age limits for adopting parents. The Adoption Authority has more information on the eligibility and suitability of those wishing to adopt.

 

Assessment

If you wish to adopt a child from another country, you are required to undergo an assessment of your eligibility and suitability. This is carried out by a social worker from the Tusla intercountry adoption service or an accredited body. The social worker then prepares an intercountry adoption assessment report (also called a home-study report) which goes before the local adoption committee and a recommendation is made.

Declaration of eligibility and suitability

Your application for assessment, the report and the local adoption committee’s recommendations are sent to the Adoption Authority. If all documents are in place and correct, and the recommendations are positive, the Adoption Authority will grant a declaration of eligibility and suitability.

The declaration may include in it a statement relating to the age or state of health of a child whom you are considered suited to parent – this is based on information provided in the assessment report.

The declaration is granted for a period of 2 years from the date it is issued. The legislation allows for a 1 year extension if necessary, providing circumstances have not changed.

Choosing a country of origin

As part of the assessment process, you will have decided on a country from which you wish to adopt a child. Under the Adoption Act 2010, Irish residents can only adopt from other countries that have ratified the Hague Convention or from Non-Hague countries with which Ireland has a bilateral agreement (Ireland does not currently have any such agreements).

There is only a small number of Hague Convention countries with which Ireland currently engages for the purposes of intercountry adoption. Each country has its own requirements and restrictions with regard to prospective adopters. Specific information on country requirements may be obtained from the Irish agencies accredited to facilitate adoptions from these countries.

Process

The process involved in intercountry adoption is governed by protocols set out in the Hague Convention. Firstly, the Adoption Authority, or an agency accredited by the Authority for such purposes, submits the intercountry adoption assessment report and the declaration (together known as an Article 15 report) to the Central Authority or an accredited agency in the country you wish to adopt from.

Matching a child with your application is done in the country of origin of the child. When a match is made, the Central Authority or accredited body in the country of origin of the child sends a child-study report (Article 16 report) to the Adoption Authority or the Irish-based accredited body. The report will normally contain a background report on the child, the birth-parents (if known), medical history of the child and proof that consents, where applicable, were obtained in the required manner and format.

If the Adoption Authority is satisfied with the suitability of the match, it issues a consent to the placement of the child with you (Article 17). You will be informed and asked whether you wish to accept the child. If you wish, you can travel to the country of origin to see the child before making your decision. Either way, you can change your mind up to the time you adopt the child.

Adoption

While most countries allow you to adopt the child in the country of origin, there are some who may provide you with guardianship with a view to you obtaining a domestic adoption on your return to Ireland.

Some countries provide guardianship with a requirement that you provide post-placement reports for a prescribed period before finalising the adoption in the courts of the country of origin.

Immigration clearance

For the child to enter the State, immigration clearance must be obtained from the Irish Naturalisation and Immigration Service (INIS) in the Department of Justice and Equality. To request your Immigration Clearance Letter, you need to write to:

Foreign Adoptions Unit

Residence Division

Irish Naturalisation and Immigration Service

3rd Floor, 13-14 Burgh Quay, Dublin 2, D02 XK70

E-mail: [email protected]

You will need to enclose:

• A letter of application that includes a daytime contact number
• A photocopy of the passport of each adopter
• Two passport size photographs of each adopter
• The original Declaration of Eligibility and Suitability (not a copy)
• A letter from the Adoption Authority stating how many children you are eligible to adopt and from what country

These will be returned to you with your Immigration Clearance Letter, when approved. You will need to present this letter to an immigration officer when you return to Ireland.

Notification of Adoption Authority

You must notify the Adoption Authority and Tusla when you bring the child to Ireland for the first time after adoption in the country of origin. They must also be notified if you bring the child to Ireland in order to adopt the child here.

This should be done as soon as you can and must be done within 3 months.

 

Registering the adoption

If the child was adopted in the country of origin, the final step in the intercountry adoption process is the registration of the adoption. This is the formal, legal recognition of the adoption by the Irish State.

You must submit an application for registration of the adoption to the Adoption Authority within 3 months of re-entering the State, following the adoption. The Authority can register the adoption in the Register of Intercountry Adoptions on the basis of an Article 23 certificate. (An Article 23 certificate is a certificate of assurance from the country of origin of your child that the adoption was carried out in compliance with the Hague Convention.)

The Register of Intercountry Adoptions contains details of the adopted child and the adoptive parents and is a public document open to scrutiny by members of the public. Certificates or copies of extracts from the Register may be obtained from the Authority for the appropriate fee and serve for all legal purposes as a birth certificate for your child.

Post-adoption reports

Some countries require that you provide information on the child’s ongoing condition and progress following adoption. This information is usually provided in reports known as post-adoption reports. These reports are normally compiled by social workers or agencies accredited by the Adoption Authority to provide such services.

How To Apply

If you have an enquiry about intercountry adoption, contact your local Tusla intercountry adoption service.

A certified copy of an entry in the Register of Intercountry Adoptions, which can be used for legal and administrative purposes, costs €20 per copy. It is available from the Adoption Authority of Ireland. You can download an application form (pdf).

The Adoption Authority has information on the intercountry adoption process as well as frequently asked questions on its website.

https://aai.gov.ie/en/ [1]