Minister Zappone welcomes the signing of the Adoption (Amendment) Bill 2016 by the President in to law
Law ensures children’s best interest are ‘always at the heart of decisions involving them’
Statement by Minister Katherine Zappone
Wednesday, 19th July 2017
Katherine Zappone TD, Minister for Children and Youth Affairs today welcomed the signing of the Adoption (Amendment) Bill 2016 by the President in to law.
Speaking today Minister Zappone said “I welcome the signing of this important child-centred Bill into law by the President. I hope to be in a position to commence the provisions of this Bill as soon as possible. Adoption is a hugely significant event in the life of a child. As Minister for Children and Youth Affairs, I am conscious of the importance of providing for an adoption process that is fully inclusive of everyone involved, and where children’s best interests are always at the heart of decisions involving them. ”
The primary purpose of the Adoption (Amendment) Bill 2016 is to give effect to Article 42A (Children) of the Constitution, in so far as it relates to adoption. In particular, the Bill provides for the adoption of any child, regardless of the marital status of his/her parents. It also provides that in any matter, application or proceedings under the Adoption Act 2010 before the Adoption Authority of Ireland or any Court, it shall regard the best interest of the child as the paramount consideration. In respect of any child who is capable of forming his or her own views, the Authority or the Court shall ascertain the child’s views and such views shall be given due weight having regard to the age and maturity of the child.
The Minister said “The decision of the people in the children referendum of November 2012 endorsed the proposition of the Government of the day to move the position of children on to a new level as regards recognition of the unique qualities, as well as vulnerabilities, of childhood and adolescence. It gave this generation an opportunity to author an enduring positive message to future generations - we place the welfare of children amongst the highest values of our society.”
The Bill also provides for a number of other changes also, including:
· The right of any child to be adopted, irrespective of the marital status of his or her parents, where both parents consent to the placing of the child and to the making of an adoption order;
· The Bill introduces a new test in the case of the adoption of children whose parents fail in their duty towards them in light of the Constitutional amendment. In deciding whether to grant an order under this section (section 54), the court will have to regard the rights of all persons concerned and will have to have regard to the views of the child. This section emphasises that in the resolution of these applications, the best interests of the child shall be the paramount consideration.
· The Bill provides for the adoption of a child by his or her step parent without the requirement for the child's other parent to adopt his or her own child. The step parent will be the sole adopter and will have parental rights and duties in respect of that child as a result of the adoption being effected. Under this Bill, the legal status of the parent will not change and only the step parent will be an adoptive parent.
· The Bill provides for the adoption of a child by civil partners and cohabiting couples.
Concluding, the Minister said “I welcome all of these positive changes to the adoption regime; as a diverse society we now have many different types of families, and legislation is sometimes out of tune with the complex realities of modern family life.”
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