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Adopting couples should be married-report
[Posted: Wed 05/01/2005 - www.irishhealth.com]
By Deborah Condon
Couples in Ireland who wish to adopt children should be married, according to a major new report on adoption.
The report states that while it is accepted that marriage 'is not a guarantee of stability of a relationship or good parenting', providing eligibility rights to cohabiting couples 'is fraught with difficulty in Ireland'.
This, it says, is due to the absence of any formal cohabitation agreement system, which would address the situation of children should the couple break up.
The recommendation, which refers to 'stranger adoptions', is contained in the report, Adoption Legislation: 2003 consultation and proposals for change. It contains details of the consultation process established by the Department of Health in 2003, as well as proposals for legislation to overhaul the current adoption system.
The report makes proposals on both domestic and intercountry adoption, as well as the establishment of an Adoption Authority, to replace the current Adoption Board. This authority would be made up of people directly affected by adoption, such as adopted people, natural parents and adoptive parents, as well as those with appropriate expertise in the area.
Its remit would be to develop best practice and set down guidelines for adoption services, to monitor these services and to carry out and commission research.
Other proposals contained in the report include:
-All adopted children (and adults) should be told they are adopted and adoptive parents should get professional advice and guidance from the adoption agency in doing so.
-A period of at least six weeks and no more than nine months should be prescribed in law between the initial decision to place the child for adoption and the giving of final consent. If the natural mother changes her mind regarding the decision to place her child for adoption in that time, then the adoption agency will assist her in having the child returned to her. (In exceptional circumstances, where the adoption agency considers that the return of the child to the mother would be detrimental to the child’s welfare, it may refer the case to the court which shall hear it without delay.)
-Many domestic adoptions are step-parent adoptions, i.e. where the natural parent marries somebody who is not the natural parent of the child. Currently an anomaly exists whereby if the couple decide that the step-parent should adopt the child, the natural parent has to adopt as well - in order words, they have to adopt their own child. The report recommends that this anomaly be removed.
The report also highlights the long waiting lists which people face when applying for intercountry adoption. Assessments are currently carried out by health boards and some adoption agencies. Waiting lists for these assessments range from three to six months in some health board areas, to 45 months in others.
The report proposes that the new Health Services Executive, which has taken over the running of the health service, should consider how best to provide an effective and efficient domestic and intercountry adoption assessment service.
These proposals received Cabinet approval in December 2004 and it is hoped that the legislation will be published in the autumn. To see the full report, click on...
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