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Amendment of section 54 of Principal Act
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24. (1) Section 54 of the Principal Act is amended—
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(a) by the insertion of the following paragraph in subsection (1):
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“(a) if the Child and Family Agency is satisfied that every reasonable effort has been made to support the parents of the child to whom the declaration under section 53(1) relates,”.
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(b) by the substitution of the following subsection for subsection (2):
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“(2) On an application being made under paragraph (a) or (b) of subsection (1), the High Court by order may authorise the Authority to make an adoption order in relation to the child in favour of the applicants and to dispense with the consent of any person whose consent is necessary to the making of the adoption order.”,
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(c) by the insertion of the following subsection after subsection (2):
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“(2A) Before making an order under subsection (2), the High Court shall be satisfied that—
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(a) for a continuous period of not less than 36 months immediately preceding the time of the making of the application, the parents of the child to whom the declaration under section 53(1) relates, have failed in their duty towards the child to such extent that the safety or welfare of the child is likely to be prejudicially affected,
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(b) there is no reasonable prospect that the parents will be able to care for the child in a manner that will not prejudicially affect his or her safety or welfare,
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(c) the failure constitutes an abandonment on the part of the parents of all parental rights, whether under the Constitution or otherwise, with respect to the child,
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(d) by reason of the failure, the State, as guardian of the common good, should supply the place of the parents,
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(e) the child—
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(i) at the time of the making of the application, is in the custody of and has a home with the applicants, and
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(ii) for a continuous period of not less than 18 months immediately preceding that time, has been in the custody of and has had a home with the applicants,
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and
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(f) that the adoption of the child by the applicants is a proportionate means by which to supply the place of the parents.”,
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and
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(d) by the substitution of the following subsection for subsection (3):
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“(3) In considering an application for an order under subsection (2), the High Court shall—
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(a) have regard to the following:
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(i) the rights, whether under the Constitution or otherwise, of the persons concerned (including the natural and imprescriptible rights of the child);
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(ii) any other matter which the High Court considers relevant to the application,
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and
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(b) in so far as is practicable, in a case where the child concerned is capable of forming his or her own views, give due weight to the views of that child, having regard to the age and maturity of the child,
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and, in the resolution of any such application, the best interests of the child shall be the paramount consideration.”.
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(2) Subsection (1) shall not apply to an application made under subsection (1) of section 54 of the Principal Act before the commencement of this section but not determined before such commencement, and that section shall continue to apply as if subsection (1) had not been enacted.
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