Domestic Adoption 
Domestic Adoption in Ireland
Over 43,500 domestic adoption orders have been made from 1952 to date. Whilst the number of applications has been in slow decline for the past number of years, there has been considerable change in the complexity and diversity of the applications received.
On 1st November 2010 the Adoption Act 2010 was commenced and the Minister for Children and Youth Affairs, Barry Andrews, T.D., launched the Adoption Authority of Ireland (AAI) which has now replaced the Adoption Board.
The purpose of the Adoption Act 2010 is to improve standards in both domestic and intercountry adoption. The regulatory framework governing adoption has been strengthened in an attempt to ensure that the best interests of children are protected at every step throughout the adoption process.
Accredited bodies - organisations delivering adoption services - must comply with the terms of the legislation, which was first published in January 2009. The new legislation seeks to end the practice whereby a single adoption agency could provide the full range of adoption services, from pre-birth counselling to post birth placement with prospective parents. This was a very clear policy decision taken to avoid the obvious conflicts that could arise.
One of the first duties to be addressed by the newly established Adoption Authority will be the registration of accredited bodies. This process will commence shortly. The Adoption Authority will contact all currently registered bodies providing details of the proposed process.
There are a range of people who may potentially be receiving a service from adoption agencies including people who are being assessed to adopt, children in adoption placements where the adoption process is not yet complete, people involved in pre-birth counselling services as well as people involved in information and tracing services. In all of these circumstances, should any difficulties arise for the people involved in the process, they should contact the Adoption Authority for information. There will be no need for people to go back to the start of the assessment process.
The three main categories of domestic applications dealt with by the Unit are as follows:
Family Adoption
a) Step Parent Adoption
Applications are made in these cases so that the birth parent’s spouse can establish legal rights in respect of the child within the family unit. This also ensures the child’s inheritance rights within the family unit. The making of an adoption order in these cases involves the natural parent giving up sole legal rights in respect of the child and, with his or her spouse, taking on joint legal rights, responsibilities and guardianship in respect of that child.
b) Relative adoption
Relative meaning grandparent, brother, sister, uncle or aunt of the child and /or the spouse of any such person, the relationship to the child being traced through the mother or the father wishes to adopt the child.
Non-Family Adoptions
Non-relative adoptions are applications made on behalf of children placed by the HSE and other accredited bodies.
Foster Care Adoption
(Long Term foster Care cases)
A number of applications are made each year by foster parents in respect of children who are in their care on a long-term basis.
Of those applications, some children are adopted with the consent of the birth mother.There are, however, a number of cases each year where the birth mother is unwilling or unable to consent: under normal circumstances,children of a marriage are not normally eligible for adoption, but in certain cases, where it can be proven in the High Court that the child has been abandoned, or that the abandonment is likely to continue until that child has reached 18 years, then it is open to the applicants through the HSE, to make an application to the High Court to dispense with the consent of the birth mother,thereby allowing the Adoption Authority of Ireland to make an Order in favour of the applicants.
The High Court is the only statutory body with the power to dispense with the consent of the birth parents.
Children Eligible for Adoption
The law permits the adoption of:
(a) orphans, and
(b) children born outside marriage, including in certain circumstances, children whose natural parents subsequently marry each other.
Who may adopt?
The following persons are eligible to adopt:-
(a) a married couple living together; this is the only circumstance where the law permits the adoption of a child by more than one person:
(b) a married person alone; in this circumstances the spouse’s consent to adopt must be obtained, unless they are living apart and are separated under (i) a court decree or (ii) deed of separation or (iii) the spouse has deserted the prospective adopter or (iv) conduct on the part of the spouse results in the prospective adopter, with just cause, leaving the spouse and living apart;
(c) the mother, father or a relative of the child (relative meaning a grandparent, brother, sister, uncle or aunt of the child and/or the spouse of any such person, the relationship to the child being traced through the mother or the father);
(d) a widow or widower.
A sole applicant who does not come within the classes of persons defined under (c) and (d) above may only adopt where the Adoption Authority of Ireland is satisfied that, in particular circumstances of the case, it is desirable to grant an order. It is not possible for two unmarried persons to adopt jointly.
Minimum Ages
A couple adopting a child to whom they are not related must both be at least 21 years of age.
Where the child is being adopted by a married couple and one of them is the mother or father or a relative of the child, only one of them must have attained the age of 21 years.
Residency of Adopters
Adopting parents must be ordinarily resident in the State and have been resident for at least one year before the date of the making of the adoption order.
How to Apply
Applicants must apply to the appropriate Regional Adoption Service HSE. Click here for contact details for the HSE.
Birth certificates of adopted children
When an adoption order is made, a new “birth” certificate may be obtained for the child. The certificate issued is not an actual birth certificate but a certified copy of the entry relating to the child in the Adopted Children Register. However, for all legal purposes it has the status of a birth certificate. Copies can be obtained from the General Registrar’s Office, Government Offices, Convent Road, Roscommon. LoCall 1890 252076.