Adoption (Amendment) Act 2017

Circumstances where no pre-placement consultation

8. The Principal Act is amended by the substitution of the following section for section 18:

“18. (1) If an accredited body is unable to consult a relevant non-guardian of a child for the purposes of section 17(2), the accredited body shall in a form and manner approved by the Authority, notify the Authority to that effect.

(2) The Authority may, if satisfied that the accredited body has taken such steps as are reasonably practicable to consult any relevant non-guardian, authorise the accredited body to place the child for adoption.

(3) At any time after being so authorised under subsection (2) the accredited body may place the child for adoption, but only if the accredited body has not been contacted by a relevant non-guardian indicating that he or she objects to the placement.

(4) Where upon application to it by an accredited body that proposes to place a child for adoption, the Authority is satisfied that, having regard to—

(a) the nature of the relationship between the relevant non-guardian and the person who proposes or persons who propose to place the child for adoption, or

(b) other than in a case where the relevant non-guardian of the child is a person referred to in paragraph (b), (c) or (d) of the definition of ‘relevant non-guardian’, the circumstances of the conception of the child,

it is inappropriate for the accredited body to contact the relevant non-guardian in respect of the placement of the child concerned—

(i) the Authority may, after obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and

(ii) the accredited body may, at any time after being so authorised, place the child for adoption.

(5) If the identity of the father, referred to in paragraph (a) of the definition of ‘relevant non-guardian’ (in this section referred to as ‘that father’), is unknown to an accredited body and the mother or guardian will not disclose the identity of that father, the accredited body shall—

(a) counsel the mother or guardian concerned in order to attempt to obtain his or her or their, as the case may be, co-operation, advising such person or persons—

(i) that the adoption may be delayed,

(ii) the possibility of that father of the child contesting the adoption at some later date,

(iii) that the absence of information about the medical, genetic and social background of the child may be detrimental to the health, development or welfare of that child, and

(iv) such other matters as the accredited body considers appropriate in the circumstances,

and

(b) where the mother or guardian concerned, after counselling, will not disclose the identity of that father, furnish the Authority with a written report of the counselling that the accredited body has so provided.

(6) Where the Authority receives a written report referred to in subsection (5)(b), and is satisfied that the accredited body—

(a) has taken such steps as are reasonably practicable to obtain the co-operation of the mother or guardian, and

(b) has no other practical way of ascertaining that father’s identity, then—

(i) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and

(ii) the accredited body may, at any time after being so authorised, if it has not ascertained the identity of that father, place the child for adoption.

(7) Where the mother or guardian of a child provides or provide, as the case may be, an accredited body with a statutory declaration stating that he or she or they, as the case may be, is or are unable to identify that father, then—

(a) the Authority may, after first obtaining the approval of the High Court, authorise the accredited body to place the child for adoption, and

(b) the accredited body may, at any time thereafter, place the child for adoption, if the accredited body has not any other practical way of ascertaining that father’s identity.”.