Leaflet No. 6
LEGAL ADOPTION PROCEDURES
What is Adoption?
Adoption is a legal process by which a child becomes a member of a new family. It creates a permanent legal relationship between the adoptive parents and the child. Adoption is for the benefit of children and as such a child’s welfare is seen as the first and paramount consideration in the adoption process.
Who arranges an Adoption?
Cúnamh is a Registered Adoption Agency and is therefore legally entitled to place a child for adoption. Cúnamh social workers assess the suitability of couples to become adoptive parents and have at any given time a number of couples waiting for babies to be placed with them. Social workers are available in Cúnamh to offer pregnancy and adoption counselling.
What is an Adoption Order?
An adoption order secures in law the position of the child in the adoptive family. When an adoption order is made for the child, the mother/guardian will lose all parental rights and will be freed from all parental duties. The rights and duties will be transferred permanently to the adopters. The child will thereafter be regarded as their child as if the child was born to them in marriage.
The Adoption Board
The Adoption Board is a government appointed body whose primary function is to grant or refuse applications for adoption orders. All applications for adoption orders are made to the Adoption Board via the Adoption Agency.
Whose consent is required for a child to be placed for Adoption?
(1)The mother of the child.
(2)Any person appointed as the child’s guardian and
(3)The father of the child where (a) he marries the mother after the birth of the child or (b) 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. The Adoption Agency is obliged to take such steps as are reasonably practicable to consult the father regarding the proposed adoption.
An unmarried father does not have anyautomatic legal rights in respect of his child.If the mother is in agreement he can acquire joint guardian rights in respect of his child by the mother and father signing a statutory declaration to this effect, or if the mother is not in agreement a father can make an application to the district court. If a father has acquired joint guardianship rights in respect of the child then his consent is required before an adoption order can be made.
Cúnamh encourages fathers to become involved in the adoption process.
Consent to Placement
The mother, father (where he is appointed guardian) or other legal guardian must give an initial consent to the placing of a child for adoption by a registered adoption agency. The child must be at least four weeks old. The initial consent to placing a child for adoption is called a Form 10 and is witnessed by the social worker in the Adoption Agency who is working with the mother, father or guardian considering adoption for their child.
Consent to the granting of an Adoption Order
Consent to the making of an Adoption Order by the mother or anyone appointed as the child’s guardian may not be given until the child is at least six weeks old. The consent to the granting of the Adoption Order is given on a form prescribed by the Adoption Board called Form 4A. If the person completing the consent has chosen an open adoption arrangement, the consent is given on Form 3A. The signing of the consent to the granting of an Adoption Order is witnessed by a Commissioner of Oaths.
Before granting an Adoption Order the Adoption Board 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 person giving consent must complete a questionnaire affidavit in the presence of a person authorised by the Adoption Board to do so. The questionnaire affidavit is completed prior to the completion of the consent to the granting of the adoption order.
Dispensing with Consent
The Adoption Board 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 person who has consented to the placing of a child for adoption (by signing Form 10) fails, neglects or refuses to give consent to the making of an adoption order (by signing Form 4A/3A), or withdraws a consent already given, it is open to the prospective adoptive 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 interests of the child to do so, may make an order (a) giving custody of the child to the prospective adoptive parents and (b) authorising the Adoption Board to dispense with such consent to the making of an adoption order in their favour.
Reclaim of child
If, after the child has been placed with prospective adoptive parents and before the making of an Adoption Order, a mother /father or guardian of the child changes her/his mind and wants to reclaim the child, contact should be made immediately with the Adoption Agency. The prospective adoptive parents may refuse to return the child. It is then open to the mother/guardian to institute legal proceedings to have custody of the child restored to her/him.
A consent may be withdrawn at any time before the making of the Adoption Order, by informing the Adoption Board at Shelbourne House, Shelbourne Road, Ballsbridge, Dublin 4.When the Adoption Order is granted the consent becomes irrevocable.
Notification of the granting of the Adoption Order
A mother/father/guardian may choose to be notified in advance of the date on which the order will be granted to the adoptive parents or request notification after the relevant date. Notification can be arranged through the Adoption Agency or directly from the Adoption Board. When the Adoption Order has been granted the consent becomes irrevocable.
Birth Certificates for Adopted Children
When an Adoption Order is made a new “birth” certificate is issued for the child. This certificate is a certified copy of the entry relating to the child in the Adopted Children’s Register. For all legal purposes it has the status of a birth certificate.
Contact Arrangements
Arrangements may be made for mother/father/guardian to keep in touch with her/his child who is legally adopted. This information is discussed in detail in leaflet No.?
This leaflet highlights the complexity of the legal adoption process. A Cunamh social worker will discuss this process in great detail with a mother/father/guardian, who is considering placing her/his child for adoption. Further information about adoption can be obtained by contacting the Adoption Board at Shelbourne House, Shelbourne Road, Ballsbridge, Dublin 4. Telephone 01 6671392.
Cúnamh 2010
Page 1 of 4