Domestic Infant Adoption
Domestic infant adoption is the process whereby a child is placed with an alternative set of parents or parent. All legal rights, responsibilities and duties are transferred to the new parent(s) and the birth parents relinquish all their legal rights and duties in relation to the child.
Who arranges the placement of a child for adoption?
Only registered accredited bodies and Tusla (Ireland's child and family agency) are legally entitled to place children for adoption in Ireland. The approval of the Adoption Authority is required before the child can be placed with its prospective adopter(s). The prospective adopter(s) must hold a valid Declaration of Eligibility and Suitability before a child can be placed with them for adoption.
- When an infant is placed for adoption, the birth parent(s) are given the opportunity to outline their preferences of the type of family they would like the infant to be placed with. For example, they may wish that the infant to be brought up in a rural area or in a county other than where they live themselves; or they may express a preference for a couple who have a child already so that their child will have a sibling.
- The registered Accredited Body or Tusla will examine the profiles of everyone holding a valid Declaration of Eligibility and Suitability.
- At least three profiles will be provided to the birth parent(s) of the infant without any identifying information. Together with the social worker, the parent(s) will select one of the profiles.
- The social worker will contact the relevant prospective adoptive parents to see if they are willing to proceed with the placement of the child into their care.
Step-by-step guide to Domestic Infant Adoption
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1 Attend information meeting with Tusla
In order to begin the adoption process you will need to get in touch with your local adoption office of Tusla – Ireland's child and family agency.
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2 Application form
Tusla will provide the necessary forms and information required to begin the process. You must complete and return the application form to Tusla prior to moving on to the next step.
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3 Initial assessment
Applicants will undergo a detailed assessment process for the purpose of obtaining a Declaration of Eligibility and Suitability. The assessment will be carried out by a social worker from Tusla or another accredited agency.
The purpose of this assessment is to establish the suitability of the prospective adoptive parents to adopt a child. It includes a number of joint and individual interviews and visits to the applicants’ home.
The social worker will discuss such areas as their relationship, their motives for adopting, their expectations of the child and their ability to help the child to develop knowledge and understanding of his/her natural background.
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4 Preparation course
Applicant(s) must complete a training programme to assist in understanding adoption.
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5 Final assessment and report
When the final assessment is completed, the social worker will compile a report outlining their findings.
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6 Adoption committee review
The local Adoption Committee reviews each case and sends forward their recommendation to the Adoption Authority of Ireland
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7 Declaration of Eligibility and Suitability decision
If all documents are in place and correct, the Adoption Authority of Ireland will consider the recommendations and decide whether to grant a Declaration of Eligibility and Suitability.
The Declaration of Eligibility and Suitability is granted for two years from the date it is issued. If your declaration is about to expire, you can apply to have it extended by a year, provided there have been no changes in your circumstances.
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8 Registration
Prospective adopters are registered on the National Domestic Adoption Database.
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9 Placement
Tusla match the prospective parents with the child. The prospective parents and child go through a period of placement that involves the child living with the prospective parents and includes assessments.
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10 Adoption order
Once a placement has been successful, the next step for the prospective adoptive parents is to apply to the Adoption Authority for an adoption order.
The application is generally made through the registered accredited body or Tusla. They will advise what documents are required for the adoption application.
The Adoption Authority does not usually finalise an adoption until the prospective adoptive parents have had the child in their care for a minimum of six months.
The registered accredited body or Tusla are required to submit at least two post-placement reports before the Authority can consider the application for the adoption order. The Authority may require the applicants to have the child in their care for a longer period in certain circumstances.
About consent
Consent to placement
Where the child's adoption is being arranged by a registered Accredited Body or Tusla, the mother, father (where he is a guardian) or other legal guardian must give initial consent or agreement to the placing of the child for adoption by that body. This may be given at any time after the birth of the child.
Consent to Adoption Order
The mother, father (where he is a guardian) or other legal guardian must give consent to the making of the adoption order.
This consent may not be given until the child is at least six weeks old. It may not be given earlier than three months before the date of the application for the adoption order.
Consent must be given in a particular format and following a particular procedure, which is set down in legislation.
Consent to the making of an adoption order may be withdrawn at any time before the making of the adoption order.
Reclaiming a child
If a mother changes her mind about adoption before the making of the adoption order and seeks to reclaim her child but the adopting parents refuse to give up the child, then it is open to her to institute legal proceedings to have custody of the child restored to her.
Dispensing with consent
In certain circumstances an application may be made to the High Court to dispense with the consent to allow the adoption order to be made.
This includes:
- If the Authority is satisfied that the person whose consent is required is incapable by reason of mental infirmity of giving consent
- If the person whose consent is required cannot be found
The High Court considers the best interests of the child before making an order.
No consent
What happens if a mother who has initially agreed to the placing of her child for adoption fails, neglects or refuses to give her consent to the making of an adoption order, or withdraws a consent already given? Then it is open to the adopting parents, if they have applied for an adoption order for the child, to apply to the High Court for an order allowing the adoption to proceed.
The High Court considers the best interests of the child before making an order.
Conditions
Minimum ages
Prospective adopters must be at least 21 years of age.
Upper ages
The law does not lay down upper age limits for prospective adoptive parents. However, age is a significant factor when assessing suitability to adopt.
Residency of adopters
Prospective adoptive parents must be habitually resident in the State.
Residency of the child
The child must be resident in the State.
Religion
If the child, the people adopting and everyone who needs to consent don't share the same religion, then everyone consenting must be informed of the adoptive parents' religion before they give their approval.
Suitability
The Adoption Authority cannot make an adoption order unless it is satisfied that the applicant or applicants are suitable persons to have parental rights and duties in respect of the child. The adopting parent(s) must hold a valid Declaration of Eligibility and Suitability at the time the adoption order is to be made.