home | about | practice areas | testimonials | news | press | events | contact | links Practice Areas Family Law Surrogacy Nullity Pre-Nuptial Agreements Mediation Collaborative Law Judicial Separation Separation Agreements Pension Provisions Divorce Custody / Guardianship / Visitation Rights Maintenance Co-Habitation Agreements - Civil Partnerships Domestic Violence Child Abduction Childcare Domestic & Intercountry Adoptions Wardship Litigation Wills & Probate Property Conveyancing               You are here:  Home  >>  Practice Areas  >>  Domestic & Inter-country Adoptions        Domestic & Inter-country Adoptions        The Adoption Bill 2009 has recently been published by the Government. This Bill consolidates all existing Laws and Adoption into one single piece of legislation. This Bill also establishes “The Adoption Authority of Ireland” in place of the Adoption Board.        This Bill also provides that the Hague Convention has the force of law now in the State.        Once the Bill becomes Law, it will only be possible to adopt children from countries that have ratified the Hague Convention or countries with which Ireland has a bi-lateral agreement. This means in effect that Irish parents will no longer be able to adopt from Russia and Ethiopia and Vietnam which do not have agreements with Ireland and have not ratified the Convention unless agreements are drawn up before the Bill is enacted.        This Bill provides that a child cannot be placed for adoption unless the child is at least six weeks old. The Act provides that the Authority shall not make an Adoption Order unless the child who resides in the State is not more than seven years of age, is an orphan or is born of parents not married to each other and has been in the care of the Applicants for a specified period of time. The Act sets out details of consents required before an Adoption Order is made and procedural requirements in respect of the making of an Adoption Order including the making of enquiries on behalf of the Authority, consultation with the father of the child and procedures surrounding High Court Applications.        The Act provides that the Adoption Authority shall not make an Adoption Order or recognize an Inter Country Adoption unless the Applicants are a married couple who are living together, the Applicant is the mother or father or a relative of a child or the Applicant satisfies the Authorities that the adoption is desirable and in the best interests of the child. Effectively this means that non married couples cannot adopt and that single Applicants are not automatically entitled to adopt but must satisfy the Authority that the Adoption is desirable and in the best interests of the child in the particular circumstances.        The Act also provides that an Adoption Order or an Order recognizing an Inter Country Adoption shall not be made in favour of more than one person unless the Applicants are a married couple living together.        The Act provides that prospective adopters must apply to the HSE for an assessment of eligibility and suitability and the issuance by the Authority of a Declaration of Eligibility and Suitability. The Act provides that where an Inter Country Adoption is validly recognized, the child concerned shall be considered as child of the adopters born to them in lawful wedlock and the child’s birth parents shall lose all parental rights and be freed from all parental duties. The Act provides that the adopted child will be treated the same as any children born naturally to the adopted parents.        News Items:        Date News Item Link January 2010 Legal issues arrising out of Surrogacy Click to view               Relevant Publications:        Subject Publication Link to Article State decision suspends adoptions from Vietnam Irish Times (14th January '10) Click to view Implications of judgement on Fathers' Rights may be far-reaching Irish Times (14th December '09) Click to view Government criticised over Adoption Bill Irish Times (3rd December '09) Click to view Unicef query circumstances of adoptions from Vietnam Irish Times (24th November '09) Click to view Adoption Bill includes Hague Protections Irish Times (19th November '09) Click to view Ruling underlines need to consult father on adoption Irish Times (13th October '09) Click to view Adoption Bill enforces Hague Convention Irish Times (24th January '09) Click to view                       For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form.          Marion Campbell Solicitors, 16-18 Harcourt Road, Dublin 2 Phone: +353 (1) 475 9345 Fax: +353 (1) 478 2224 Email: info@mcsolicitors.ie        powered by: go2web