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Adoption Legislation

Dáil Éireann Debate, Tuesday - 16 April 2013

Tuesday, 16 April 2013

Questions (1093)

Pádraig MacLochlainn

Question:

1093. Deputy Pádraig Mac Lochlainn asked the Minister for Children and Youth Affairs if her attention has been drawn to the judgment of the European Court of Human rights in X and Others v. Austria on discrimination on grounds of sexual orientation in step-parent adoption and the implications for the legal system here; her plans to amend Irish law to become ECHR compliant in this area; and if she will make a statement on the matter. [11547/13]

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Written answers

The outcome of the case referred to by the Deputy has been noted by my Department. Section 37(1) of the Adoption Act 2010 provides that a person habitually resident in the State, or a married couple married to each other, each of whom is habitually resident in the State, may apply to the Health Service Executive for an assessment of eligibility and suitability to adopt.

The Deputy will be aware that the issue of civil marriage for same sex couples is a matter which will be examined by the Government following the outcome of the Constitutional Convention.

I am currently examining a number of proposals in relation to possible amendments to the Adoption Act, 2010, some of which will be brought forward in conjunction with the Adoption (Amendment) Bill 2012, which the Government plans to bring before the Oireachtas following the passing of the Children's Referendum.

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