Adoption Act, 1998

Amendment (new section 19A) of Principal Act.

6.—The Principal Act is hereby amended by the insertion of the following after section 19:

“Post-placement consultation.

19A.—(1) This section—

(a) applies in respect of the adoption of a child by a person who is not the father or the person who believes himself to be the father of the child (in this section referred to as the ‘father’), and

(b) does not apply in respect of the adoption of a child where the placement of the child for adoption was arranged by an adoption agency.

(2) Subject to this section, on the receipt of an application for an adoption order, the Board shall take such steps as are reasonably practicable to consult the father of the child in relation to the matter of the adoption.

(3) Where 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 Board to consult the father in respect of the adoption of the child, the Board may make the adoption order without consulting the father.

(4) If the identity of the father of a child is unknown to the Board and the mother refuses to reveal his identity, the Board—

(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 Board deems are appropriate in the circumstances,

and

(b) may, if the mother, after counselling, continues to refuse to reveal the identity of the father, make the adoption order without consulting the father if it has no other practical way of ascertaining his identity.

(5) Where the mother of a child provides the Board with a statutory declaration stating that she is unable to identify the father, the Board may make the adoption order without consulting the father if it has no other practical way of ascertaining his identity.

(6) A health board shall, if so requested by the Board, assist the Board in carrying out its functions under this section.”.