Dáil Éireann Debate, Thursday - 19 September 2013
166. Deputy Shane Ross asked the Minister for Children and Youth Affairs if she will address the issue of birth parents having to adopt their own natural children, as the Adoption Authority-State has no provision for step-parent adoptions (details supplied); and if she will make a statement on the matter. [38960/13]
View answerI am aware of the anomalies with respect to adoption by step-parents and am examining how to address these issues including the requirement, as part of step-parent adoption, for a natural parent to 'adopt' their own child and the creation of a new birth certificate recognising the newly-adoptive parents and possibly removing the recognition of a birth parent.
These provisions first originated in the 1952 Adoption Act and were further consolidated in the Adoption Act, 2010.
I have sought clarification on the constitutional and legal position with respect to step-parent adoption and I am confident, based on the legal advices received, that there are no constitutional barriers to legislative change in this area. There are a number of complex legal and policy issues which would need to be resolved within the broader framework of family law relating to parentage and guardianship.
