Long-term Foster Care to Adoption
Long-term foster care to adoption occurs where a child has been placed with a person or couple in a foster care situation because the birth mother or birth parents are unsure of what decision they wish to make about caring for the child themselves or allowing the child to be adopted.
The child may also have been placed with foster parents on foot of Tusla - The Child and Family Agency having obtained a care order for the child due to the circumstances around the birth parents or family. After a period of time, it becomes clear through the child care review that it will not be possible for the child to be returned to his/her birth parents/family and that the child’s best interests would be served by being adopted by their foster parent(s).
A child cannot be adopted once they turn 18 years of age. The adoption process can take a long time, so an application should be made before the child turns 16.
Step-by-step guide to Long-term Foster Care to Adoption
-
1 Contact Tusla
In order to begin the adoption process, you will need to get in touch with your assigned fostering social worker or local adoption office of Tusla, the child and family agency. They will give you all the information you need.
-
2 Initial assessment
Applicants will undergo a detailed assessment process for the purpose of obtaining a Declaration of Eligibility and Suitability. The assessment will be done by a social worker.
The purpose of this assessment is to establish the suitability of the foster parent(s) 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 foster parent(s) 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 of the assessment.
-
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 Decision to grant adoption order
The Adoption Authority of Ireland will review the file 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.
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 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.