Longterm foster care to adoption
Long Term Foster Care to Adoption - This type of adoption occurs where a child has been placed with a person or couple initially in a foster care situation because the birth mother/parents are unsure of what decision they wish to make about caring for the child themselves or allowing the child to be adopted. In other circumstances the child may 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/family. After a period of time it becomes clear through the Child Care Review/Plan 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.
Where a child is in a long term fostering situation it may become clear after a period through the Child Care Review/Plan 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.
In order to begin the adoption process, you should discuss it with your assigned fostering social worker, or get in touch with your local adoption office of Tusla- The Child and Family Agency. The contact details for local offices can be found here.
The birth mother’s consent to the adoption is required. In some cases, the birth mother may be objecting to the proposed adoption or may not be contactable to give her consent. Where the birth father is a legal guardian his consent is also required.
Where the birth father of the child is not a legal guardian he is entitled to be notified and consulted about the application for adoption. This may result in a number of outcomes including:
- The birth father is notified and has no objection.
- The birth father is notified and does object – he may or may not decide to make an application to the district court for a guardianship order.
- The birth father is identified but cannot be located.
- The birth father cannot be identified and therefore cannot be notified – in this circumstance the Adoption Authority must obtain an order from the High Court to allow an adoption order to be made without consultation of the birth father.
- Circumstances are such that it is deemed inappropriate to notify the birth father if he is known - in this circumstance the Adoption Authority must obtain an order from the High Court to allow an adoption order to be made without consultation of the birth father.
- The birth father is deceased. In this case the birth father cannot be notified or consulted. The birth father’s death certificate and evidence linking him to the child is required before the application can proceed.
Where the necessary consents to the adoption have not been obtained the application cannot proceed.
It is open to the applicants applying to adopt the child to make an application to the High Court to dispense with the consent of the birth mother and/or birth father as necessary.
Where an application has been made to court, either by the parties to the adoption or by the Adoption Authority, the adoption application is suspended until the court proceedings are finalised.
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
Under law where the prospective adoptive parent/s, the child and every person whose consent to the making of an adoption order is necessary are not all of the same religion (if any), every person whose consent to the making of an adoption order is necessary must know the religion (if any) of each of the prospective adoptive parent/s, when giving consent to the child's adoption.
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.
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