Dáil Éireann díospóireacht -
Tuesday, 10 Mar 1998

Vol. 488 No. 4

Written Answers - Adoption Law.

Emmet Stagg

Ceist:

201 Mr. Stagg asked the Minister for Health and Children the proposals, if any, he has to amend the adoption laws which at present require a natural mother to give up legal rights to her child if she wants her husband, who is not the father of the child, to adopt the child; and if he will make a statement on the matter. [6398/98]

Minister of State at the Department of Health and Children (Mr. Fahey)

The Deputy is referring to the procedure under which the mother of a pre-marital child who subsequently marries a man who is not the father of the child, then applies to adopt her own child jointly with her husband so that he can gain parental rights over the child. It is necessary for the mother to adopt her own child in these circumstances as under our adoption law all parental rights are transferred from the birth parent(s) to the adoptive parent(s).

I am aware that many mothers resent having to adopt their children in such circumstances. I would point out, however, that it was not originally envisaged that adoption orders would be made in such circumstances and the procedure has been utilised because there is no other legal mechanism available by which a husband can gain parental rights over his wife's child.

I am in favour of examining this issue to ascertain whether alternative mechanisms could be provided to enable a husband in such cases to apply for parential rights over his wife's child. I would stress however that there are a number of priorities in the adoption area which must be dealt with before this issue can be considered in detail. These are: the enactment of the Adoption (No. 2) Bill, 1996; the introduction of legislation to address the issue of post-adoption contact and the introduction of legislation to enable ratification of the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, 1993.