Change in Adoption Regime?

It has traditionally been accepted that the Irish Constitution by Articles 41 and 42 which safeguard the family based on marriage, also protected a family from possible breakup by adoption of one or more of the children in another country.

This may arise as a defence to returning children to their country of habitual residence in Child Abduction Proceedings.

Doubt has been cast on this view by a recent  Supreme Court judgement where a couple sought to resist the return of their children to Nottingham Council on the basis that they might be adopted.

The Supreme Court rejected their arguments and said that Articles 41 and 42 said nothing about Adoption and “ exhibit no intention to establish Ireland as a form of sanctuary for marital families from other jurisdictions”.

At present, the law sets a very high bar   for the adoption of children from married families.

The recognition of foreign adoption orders is restrictive and gives rise to grave difficulties in inter country adoption.

The chairman of the Adoption Authority, Geoffrey Shannon made extensive comments to the IRISH Times on the implications of this judgement. He stated that the “it provides a blank canvass for domestic and inter country adoptions” and “ any new proposed wording of the amendment on childrens’ rights will have to take into account this judgement.”

We can expect to see developments in this area in the coming year. It may give hope to many Irish couples wishing to source a child for adoption.