Step-Parent Adoption
Stepfamily in the context of adoption generally refers to families formed when the birth mother or father of a child marries or co-habits with a man or woman who is not the birth father or birth mother of that child, and the child is living with this couple.
Applications are made in these cases so that the birth parent’s spouse/partner can establish legal rights in respect of the child within the family unit. This also ensures the child’s inheritance rights within the family. The making of an adoption order in these cases involves the birth parent giving up sole legal rights in respect of the child and, with his or her spouse/partner, taking on joint legal rights, responsibilities and guardianship in respect of the child.
A child cannot be adopted once they turn 18 years of age. The adoption process can take a long time, so the application should be made before the child turns 16.
Where the birth father of the child is not a legal guardian
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 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. When the consent and or notification of the birth father issue have been dealt with appropriately the application can proceed.
Where a child is being adopted by their birth father and birth father’s wife or partner
Where a child is being adopted by their birth father and birth father’s wife or partner, the consent of the birth mother is required in order to proceed as she is a legal guardian of the child.
If the birth mother does not consent to the adoption the application cannot proceed.
Where the birth mother is deceased her death certificate will be required in order for the application to proceed.
Step-by-step guide to Step-Parent 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 - the 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 done by a social worker from Tusla or another accredited agency.
The purpose of this assessment is to establish the suitability of the step-parent 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 step-parent and the child.
The social worker will talk to the child to ensure they understand the process and hear their views on the adoption.
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4 Final assessment and report
When the final assessment is completed, the social worker will compile a report outlining their findings of the assessment.
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5 Presentation to the Adoption Committee
The local Adoption Committee reviews each case and sends their recommendation to the Adoption Authority of Ireland.
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6 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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7 Decision to grant adoption order
The Adoption Authority of Ireland 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.
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.