Vol. 544 No. 4
194 Mr. G. Mitchell asked the Minister for Health and Children his plans to amend the Adoption Act, 1952, section 10(c), to allow for the adoption of a child by a surviving parent and his or her new spouse; and if he will make a statement on the matter. [29085/01]
The Adoption Act, 1952, only allows for the adoption of orphans and children born outside marriage. The matter of the adoption of children of a marital relationship was raised with the Attorney General's office in the context of the drafting of the Adoption Act, 1988, which provides that in exceptional cases the High Court may make an order under section 3 authorising the adoption of children where both parents have failed in their duty towards them. These are the only limited circumstances in which children born within marriage may be adopted under the adoption Acts.
The Deputy will be aware that my Department is progressing two major pieces of adoption legislation, the Adoption Information, Post-Adoption Contact and Associated Issues Bill, and a Bill to ratify The Hague Convention on inter-country adoption. The issue raised by the Deputy is complex and has been brought to my attention by the Adoption Board. The question of further amendments of adoption legislation will be considered when work on these two Bills has been completed.
