Adoption and unmarried couples

Information

The non-marital family is not recognised under Irish law and it does not possess the same legal rights and obligations as the family based on marriage.

Under the adoption legislation in Ireland, a child may be adopted by married couples, a mother or father of the child, a relative of the child, a widow or a widower. In specific cases, the Adoption Board may decide that it is desirable that some other person can adopt a child.

Rules

Unmarried couples may not jointly adopt a child. A joint adoption by a couple is only possible where that couple is married and living together. This rule prevents an unmarried couple from jointly adopting a child even where one of the parties is the biological or legal parent of the child. There are no proposals to change adoption law in Ireland to permit adoption by unmarried couples.

Under the adoption legislation, it is possible for a single person to adopt if the Adoption Board considers it desirable and it must regard the welfare of the child as its first and paramount consideration. This means that if you are living with a partner, you may apply to the Board to adopt a child in your own right, intending to raise the child with your partner. However, your partner would have no legal rights in relation to the child.

In September 2005 the Attorney General gave legal opinion on the case of a heterosexual unmarried couple who wished to adopt a child. Legal opinion verified that in such a case, one parent is assessed as a single applicant. The fact they are in a relationship is relevant only when evaluating circumstances that might affect the child's welfare. During the period 1991-2004 there were a total of 66 adoptions by single applicants. Normally these adoptions were by those with an established relationship with the child. For example, those who had been working abroad in a care centre where the child ended up following abandonment.

For a foreign adoption to be recognised in Ireland, it must comply with the definition of adoption in Irish law. This means that the rule that only married couples may jointly adopt will apply.

Step-parent adoption

Step-parent adoption refers to the adoption of a child by the birth mother (usually) and her spouse, who is not the birth father of the child. If only her spouse adopted the child she would lose her rights and responsibilities in relation to the child and would no longer be the child's guardian. As mentioned previously they must be married to each other for both of them to be able to adopt. They will then both be adoptive parents. You can find out about the procedure for step-parent adoption on the Adoption Board website.

Consent

When a child is being adopted there is a requirement to consult the birth father. If the birth father is a guardian his consent is required. You can read more about adoption and consent here.

Proposed changes to the law

On 16th June, 2003, the Department of Health and Children commenced a consultation process with the public about adoption legislation in Ireland. The aim of this consulation process was to lead to a modern and more appropriate framework for adoption in Ireland. The Department produced a discussion paper in 2003 examining a variety of issues. The public were invited to make submissions regarding the proposed changes to the law.

In January 2005 a report on the consultation process was publish and legislation was proposed in order to:

• ratify the Hague Convention on the Protection of Children,
• provide for the creation of the Adoption Authority as the Central Authority required under the terms of the Convention to oversee the implementation in effecting inter country adoptions
• deal with miscellaneous issues regarding domestic adoption and the creation of a new special form of Guardianship.

The legislation, called the Adoption (Hague Convention, Adoption Authority and Miscellaneous) Bill, had not been published by the end of 2006.

How to apply

Further information about adoption is available from your Local Health Office or a registered adoption society.