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Dáil Éireann debate -
Tuesday, 24 May 1983

Vol. 342 No. 10

Written Answers. - Child's Passport Conditions.

626.

asked the Minister for Foreign Affairs the conditions imposed in respect of the issue of a child's passport to its foster parents; and whether it is his intention to introduce any changes in these procedures.

My Department always seek the consent of any legal guardian of a minor before issuing a passport. Where the Department are aware that a child, although not yet adopted, is in foster care, they also seek the consent of the body concerned with such placement, for example, a health board, adoption board or recognised adoption agency.

As the purpose of this procedure is essentially to comply with family law (including the Guardianship of Infants Act, the Adoption Acts and the Children Acts) and of the relevant provisions of the Constitution, it is not proposed to change it.

There may be exceptional cases where the Department can give sympathetic consideration to dispensing with one of these consents. After careful scrutiny of the facts and supporting documents and of the implications of recent constitutional case-law in this area — and the existence or otherwise of a Fit Person Order under the Children Acts — the Department may be able to conclude that a passport may issue without infringement of the legal rights of an individual.

The question of the term of the passport and of the person or body to whom it is handed depends on the circumstances of the case in the light of the above considerations.

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