Organization : Department of Children and Youth Affairs
Facility : Child Adoption Procedure
Country : Ireland
Website : https://www.dcya.gov.ie/viewdoc.asp?fn=%2Fdocuments%2Flegislation%2FAdoptionPolicy.htm
Child Adoption Procedure :
The Adoption Act, 2010, was commenced on 1 November 2010. The commencement of the Act coincided with Ireland’s ratification of the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption.
Related : Department of Children & Youth Affairs Affordable Childcare Scheme Ireland : www.statusin.org/28513.html
Prior to the commencement of this Act, adoption in Ireland was governed by the Adoption Acts 1952, 1964, 1974, 1976, 1988, 1991 and 1998. These Acts were repealed by the Adoption Act, 2010.
Adoption Authority of Ireland :
The Adoption Authority of Ireland was established on the 1st November 2010. The Adoption Board was replaced by the Adoption Authority of Ireland on this date.
The Adoption Authority of Ireland, which is an independent quasi judicial statutory body appointed by Government, is responsible for regulating adoption in Ireland.
The mission of the Authority is to “work to achieve excellence in adoption and adoption related services, with the best interests of children as our primary consideration.”
The Adoption Authority provides a wide range of adoption services in relation to the issuing of Declarations of Eligibility and Suitability to Adopt, registering adoptions, and adoption information and tracing services.
The Adoption Act, 2010 allows for the Adoption Authority to delegate certain functions in relation to making arrangements for adoptions to the Child and Family Agency or an accredited body.
The Adoption Authority has responsibility for the accreditation of agencies who provide these services. The Adoption Act 2010 (Accreditation Bodies) Regulations 2010 (SI 524 of 2010) outline the requirements for accreditation.
Domestic Adoptions :
Domestic adoption is where a child is adopted within Ireland, through either a family adoption or a non-family adoption. A domestic adoption involves the transfer, on a permanent basis, of parental rights and duties for children from the birth parent(s) to the adoptive parent(s).
It is a permanent legal relationship between the adoptive parent(s) and the child. The child has the same legal rights as if they were born in the adoptive family. Queries in relation to domestic adoption can be made to the Child and Family Agency or a registered adoption agency.
Intercountry Adoptions :
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is a multilateral treaty concluded on May 29, 1993 in The Hague, Netherlands. There are currently 93 contracting states to this Convention. Ireland ratified the Convention on the 1st of November 2010.
Ireland supports the principles of the Convention, which strengthen protections for children, birth parents, and prospective adoptive parents in the adoption process.
The Convention provides a framework for Convention countries to work together to ensure that adoptions take place in the best interests of children and to prevent the abduction, sale, or trafficking of children in connection with intercountry adoption.
The Convention requires authorities to prioritise the improvement of domestic systems for the care and adoption of children. This is in line with Article 21 of the United Nations Convention on the Rights of the Child, which Ireland has also ratified.
Under current Irish legislation, applicants who seek an assessment as to their eligibility and suitability to adopt are entitled to that assessment from the Child and Family Agency.
The assessment leads to an application to the Adoption Authority for a Declaration of Eligibility and Suitability to Adopt. If the applicants are found to be eligible and suitable, then a Declaration is issued.
A declaration allows an applicant to apply to adopt, it is not a guarantee that an adoption will take place. It is now a reality that the numbers of children available for intercountry adoption have fallen worldwide.
The Adoption Authority can only authorise placement of children with applicants where the children are available for adoption and have been referred by the sending country in question.
The Adoption Act, 2010 requires that adoptions from countries which have not ratified the Hague Convention can only take place where there is a bi-lateral agreement in place. At present there are no bilateral agreements in place.