Adoption Act, 1998

Amendment (new Part IA) of Principal Act.

4.—The Principal Act is hereby amended by the insertion of the following after section 7:

“PART IA.

Placement for Adoption.

Interpretation.

7A.—In this Part, ‘father’, in respect of a child, means the father or the person who believes himself to be the father of the child.

Restriction on placing child for adoption.

7B.—Subject to sections 7E (3) (a) and 7F, an adoption agency shall not place a child for adoption unless the child has attained the age of four weeks.

Care of child pending placement.

7C.—(1) Where a child has been placed with a registered adoption society for adoption, the society may, in accordance with such regulations as the Minister may make respecting arrangements for the care of such children and for securing generally their welfare, arrange for appropriate care for the child, subject to the society's control and supervision, pending the placement of the child for adoption.

(2) Section 2 of the Children (Amendment) Act, 1957 , shall not apply to the making of an arrangement by a registered adoption society under subsection (1) or to a person undertaking the care of a child under such an arrangement.

Right of father who wishes to be consulted.

7D.—(1) The father of a child may, by notice to the Board, advise the Board of his wish to be consulted in relation to—

(a) a proposal by an adoption agency to place the child for adoption, or

(b) an application by the mother or a relative of the child for an adoption order relating to the child.

(2) A notice under subsection (1) shall be in writing, be in such form and contain such information as is prescribed and may be given to the Board before the birth of the child concerned.

Pre-placement consultation procedure.

7E.—(1) Where an adoption agency proposes to place a child for adoption—

(a) the agency shall, in writing, in a form approved by the Board, request the Board to provide it with a copy of any notice received by the Board from the father of the child under section 7D (1), and

(b) the Board shall—

(i) as soon as practicable provide the notice, if any, to the agency, or

(ii) if at the time of the request it has not received such a notice, so inform the agency and thereafter, if it receives such a notice, forthwith provide it to the agency.

(2) Subject to this section and section 7F, where an adoption agency proposes to place a child for adoption and the identity of the father is known to the agency, the agency shall, before placing the child for adoption, take such steps as are reasonably practicable to consult the father for the purpose of—

(a) informing him of the proposed placement,

(b) explaining to him the legal implications of, and the procedures related to, adoption, and

(c) ascertaining whether or not he objects to the proposed placement.

(3) Where the father indicates to the adoption agency that—

(a) he has no objection to the placement, the agency may at any time thereafter place the child for adoption, or

(b) he objects to the proposed placement of the child for adoption, the agency shall—

(i) notify the father and the mother in writing in the prescribed manner that it is deferring the placement for a period specified in the notice not being less than 21 days, commencing on the date of the notice, for the purpose of affording the father an opportunity to make an application to court under section 6A or section 11 (4) of the Guardianship of Infants Act, 1964 (as inserted by the Status of Children Act, 1987 ), and

(ii) defer the placement in accordance with the notification.

(4) Where an adoption agency receives a notice that an application referred to in subsection (3) (b) (i) has been made in respect of a child, the agency shall not place the child for adoption until the proceedings are concluded.

(5) Where an adoption agency has not received—

(a) a notice referred to in subsection (4) within the deferral period referred to in subsection (3) (b) (i), and

(b) any indication from the father under subsection (3) (a) or (b) within 21 days after informing the father under subsection (2) (a) of the proposed placement of the child,

the agency may, at any time thereafter at which it has not received a notice referred to in subsection (4), place the child for adoption.

(6) A party to an application referred to in subsection (3) (b) (i) may apply to the court for, and the court may grant, such order, including an order for substituted service or for abridging the time fixed by rules of court for taking any step or doing any act in the proceedings, as the court deems appropriate to expedite the proceedings on the application in the best interests of the child.

Where father not consulted.

7F.—(1) If an adoption agency is unable to consult the father of a child for the purposes of section 7E (2), it shall, in a form approved by the Board, notify the Board to that effect and the Board may, where it is satisfied that the agency has taken such steps as are reasonably practicable to consult the father, authorise the agency to, and the agency at any time thereafter may, if it has not been contacted by the father indicating that he objects to the proposed placement, place the child for adoption.

(2) Where, on an application by an adoption agency that proposes to place a child for adoption, the Board is satisfied that, having regard to the nature of the relationship between the father and mother or the circumstances of the conception of the child, it would be inappropriate for the agency to contact the father in respect of the placement of the child, the Board may authorise the agency to, and the agency at any time thereafter may, place the child for adoption.

(3) If the identity of the father of a child is unknown to an adoption agency and the mother refuses to reveal his identity, the agency—

(a) shall counsel the mother to attempt to obtain her co-operation, indicating to her—

(i) that the adoption may be delayed,

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

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

(iv) such other matters as the agency deems are appropriate in the circumstances,

and

(b) shall, if the mother, after counselling, continues to refuse to reveal the identity of the father, furnish the Board with a written report of the counselling that the agency has provided.

(4) Where the Board receives a report pursuant to subsection (3) (b) and is satisfied that the adoption agency—

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

(b) has no other practical way of ascertaining the father's identity,

the Board may authorise the agency to, and the agency may, at any time thereafter at which it has not ascertained the father's identity, place the child for adoption.

(5) Where the mother of a child provides an adoption agency with a statutory declaration stating that she is unable to identify the father, the agency may, at any time thereafter, place the child for adoption if it has no other practical way of ascertaining the father's identity.”.