Extended Family or Relative Adoption
Extended family or relative adoption specifically refers to:
- A member of the child’s extended family who, alone or together with a spouse/partner, wants to adopt the child
- The child is living with the prospective adopter and
- The child has been placed directly with this relative by the birth mother or indirectly through the state child care system.
The Adoption Act outlines the categories of extended family members eligible to adopt in these situations. Relatives are eligible through both birth parents’ bloodlines.
“Relative” means a grandparent, brother, sister, uncle or aunt of the child, whether of the whole blood, of the half blood or by affinity. It includes the spouse or partner of any such person.
Step-by-step guide to Extended Family or Relative Adoption
-
1 Contact Tusla
In order to begin the adoption process, you will need to get in touch with your local adoption office of Tusla – The Child and Family Agency. Tusla will guide you through the application process, which includes an information meeting, comprehensive assessment, interviews and home visits.
-
2 Initial assessment
Applicants will undergo a detailed assessment process for the purpose of obtaining a Declaration of Eligibility and Suitability. This assessment will be conducted by a social worker
The assessment will establish the suitability of the relative to adopt the child. It includes a number of joint and individual interviews and visits to the applicants’ home. The social worker will assess if the adoption is in the child’s best interest and the relationship between the relative and the child.
The social worker will also talk to the child to ensure they understand the process and hear their views on the adoption.
-
3 Final assessment and report
When the final assessment is completed, the Tusla social worker will compile a report outlining their findings.
-
4 Presentation to the Adoption Committee
The local Adoption Committee reviews each case and sends their recommendation to the Adoption Authority of Ireland.
-
5 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.
-
6 Consultation with birth parents
A crucial part of the process involves consultations with the birth mother and her consent to the adoption. Consent from the birth father is also required where he is a legal guardian of the child. If the birth father is not a legal guardian, there is still a requirement for all reasonable efforts to be made to consult with him.
If voluntary relinquishment is not possible, it is open to the applicants applying to adopt the child to make an application to the High Court with the support of Tusla to dispense with the consent of the birth mother and/or birth father as necessary.
If the birth father cannot be located or his identity is unknown, the Authority must make an application to the High Court to dispense with the requirement to consult with him.
-
7 Adoption Order decision
The Adoption Authority will review the report from Tusla to determine if the adoption is appropriate and if all legal requirements have been met. The Authority will give due weight to the child's views, considering their age and maturity, before making a decision. If the Authority is satisfied with the application and all legal requirements are met, the Adoption Order will be granted.
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 each of the adopting parents is a suitable person to have parental rights and duties in respect of the child. The adopting parents must hold a valid Declaration of Eligibility and Suitability at the time the adoption order is to be made.