I move that the Bill be now read a Second Time. The purpose of this Bill, as stated in the Long Title, is to provide for the adoption of children. I am sure that it is not necessary for me to make any case to convince the House of the desirability of that purpose.
For a number of years there has been a growing demand for legal adoption. Numerous suggestions for legislation have been made to the Minister for Justice in this House, and resolutions calling for legislation have been passed by the Corporations of the Cities of Dublin, Cork, Limerick and Waterford, by county councils and other local authorities, by trade unions and by various other organisations. I feel sure, therefore, that the principle of legal adoption will be acceptable.
The Bill is a simple one and does not call for detailed explanation. It consists of five Parts. Part I contains the usual definitions and preliminary provisions. Part II deals with the making of adoption orders; Part III with the effects of adoption orders; Part IV with the registration of adoption societies and Part V contains miscellaneous provisions.
Part II provides for the establishment of a board which will be empowered to make adoption orders. The board will consist of a chairman and six ordinary members appointed by the Government. The chairman must be of judicial standing or be a barrister or solicitor of at least ten years' standing.
Adoption orders may be made only in respect of illegitimate and orphan children, and, subject to the exception provided in Section 19 in favour of existing adoptions, the children must be not less than six months and not more than seven years of age. An application for an adoption order may be made only by a married couple, a widow or a relative of the child and subject to exception in favour of relatives, applicants for adoption orders must be at least 30 years of age. An adoption order may not be made without the consent of the mother of the child if she is alive and of the guardian or any other person having control of the child, unless the board dispense with consent on the ground that the person concerned cannot be found or is incapable of giving consent by reason of mental infirmity. The adopters, the parents of the child and the child must all belong to the same religion. Provision is made for a special birth register for adopted children. All adopted children will be re-registered in the special register, and that register or any birth certificate issued from it will not disclose the origin of an adopted child.
Before I pass from Part II, there are two matters on which I would like to make comment. Some people may think that the provision limiting adoption to orphans and illegitimate children is too restrictive and that in some circumstances the adoption of a legitimate child who is not a full orphan should be permitted. I am advised, however, that there is a danger that the Bill would be help to be unconstitutional if it provided for the adoption of legitimate children whose parents are alive. The Constitution declares the rights and duties of parents towards their children to be inalienable, and any provision for the permanent transfer of those rights and duties, even with the consent of the parents, might be unconstitutional. The main need for adoption arises in connection with orphans and illegitimate children. The Bill provides adequately for them, and I think it is better to deal with them only than to risk making the Bill unconstitutional and perhaps shipwrecking the whole proposal.
My second comment is in respect of the provision in Section 12 that members of the Church of Ireland, the Presbyterian Church, the Methodist Church and the Religious Society of Friends will be deemed to be of the same religion. That provision was included at the request of the representatives of the religions referred to. Since the Bill was introduced the House of Bishops of the Church of Ireland have informed me that they do not think it desirable that their church should be included in the provision. The section will, therefore, require amendment.
Part III, which deals with the effects of adoption orders, seeks to place an adopted child as nearly as possible in the same position as a child born in lawful wedlock to his adopters.
Part IV provides that societies may not engage in arranging adoptions, unless they are registered with the board, and it provides that the board may require a society to furnish information in regard to its activities.
Part V places restrictions on the sending of children out of the State, prohibits advertisements relating to adoption and prohibits payment in connection with adoption.
Perhaps I should make it clear that the Bill does not interfere in any way with informal adoptions. At present, without legal adoptions, many people undertake the upbringing of children other than their own. The Bill will not interfere with that, even in cases where the circumstances would prevent the making of an adoption order.
In conclusion I should like to say this. The Constitution recognises the family as the natural primary and fundamental unit group of society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law. The purpose of this Bill is not to allow the relationship of adoption to be substituted for the family, but to enable children who do not belong to a family, to secure through adoption the benefits of the family. The Bill introduces to our law the new principle of adoption and deals with relationships which are the basis of our society. In a matter like this it is better to go too slow than to go too fast, and I would ask Deputies to bear that consideration in mind when putting forward suggestions for amendment of the Bill.