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Dáil Éireann díospóireacht -
Wednesday, 13 Mar 1996

Vol. 463 No. 1

Written Answers. - Hearing of Adoption Cases.

Alan Shatter

Ceist:

40 Mr. Shatter asked the Minister for Health if his attention has been drawn to the fact that the Southern Health Board requires that when processing an adoption application before the High Court, pursuant to the Adoption Act, 1988, that the child to be adopted attend at the High Court for the High Court hearing and the Act of 1988 imposes no such requirement; if his attention has further been drawn to the fact that such court attendances are very distressing for the children concerned and their proposed adoptive parents; if he will issue a directive to each health board that the attendance of children at the High Court for such adoption cases should not be required unless the Judge hearing the case asks to interview the child in chambers or asks for the child to attend at court to give evidence; and if he will make a statement on the matter. [5123/96]

Section 3 (2) of the Adoption Act, 1988, requires the High Court, before making an order under that section authorising the adoption of a child, in so far as is practicable, to give due consideration to the wishes of the child. A health board which is a party to such proceedings must accordingly be in a position to say to the court that the child is present should the court desire that the child be heard. It is then for the court to decide whether it wishes to consult the child and in what circumstances. I understand that it is the practice of the health boards to arrange for the attendance of the child in all such proceedings.

I have been informed by the Southern Health Board that in every case under the 1988 Act in which it has been involved, counsel has insisted that the child be present for the purposes of being heard should the court so require. The board does of course accept that the attendance of the child in court can be distressing for the child and the adopting parents; however, it considers that the matter is outside its control.

Since it is not for the health boards to predetermine matters of a judicial nature, it would be inappropriate for me to issue the directive suggested by the Deputy. However, in my capacity as Minister of State at the Department of Justice I will certainly make inquiries to see whether anything can be done to improve arrangements for the hearing of these cases.

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