Adoption, State Intervention Flashcards
(26 cards)
(I) Keating, definition of adoption
‘The process of transferring a child from its natural parent(s), on a permanent basis, to another, who assumes the right and responsibilities formerly held by the natural parents’
(I) O’Mahony quote
“long been a contentious topic in Irish law”
(I) Restate essay thesis
address X, analyse Y, assess Z, measure the strengths and shortcomings of W, etc.
(II) Description of pre-1951 Irish adoption law
“grim Wild West”, taking place ‘almost entirely within the domains of private practice and/ or religious bodies’
(II) What methods of adoption were most prevalent?
Workhouses, offshoring, Magdalene laundries- stripped without consent
(II) “Adoption Act (1952)”
Est. ‘An Bord Uchtala’- centralised adoption in Ireland- provided a degree of regulation, still an extremely closed and restrictive process
(II) The UNCRC 1989
-State acronym
- 189 countries (no USA)
- State key articles
Crowley- “such articles catalysed Ireland’s progress post millennium”
(III) “Adoption (Amendment) Act (1991)”
- finally got the ball rolling
- expanded the eligibility of applicants to single people in limited circumstances, w/in BI of child
- still highly closed and restrictive process
(III) “Adoption (Amendment) Act 2010”
- Not transformative, but accredited for laying down the “groundwork for the winds of change”
- introduced compulsory home-study and welfare appointments, in the context of adoption applicants
(III) “Adoption (Amendment) Act 2010”- eligibility:
Expanded; married couple, qualified cohabitants, step parents, relatives, and essentially anyone else, provide adoption was “desirable” and in the BI of the child
(III) “Adoption (Amendment) Act 2010”- opening adoption
Instigated the process- admittedly a decade later than comparative jurisdictions- enabled access to very limited berth of information and ONLY to adult adoptees
(III) Constitutional Amendment
- Art 42A- further catalysed move
- Explicit recognition of Art.3, UNCRC, constitutional paramountcy of child’s BI in all matters concerning them
-Adoption of marital children, albeit in very limited circumstances
(IV) “The Adoption (Amendment) Act (2017)”- Quote Smyth
“Represents the most expansive, far-reaching overhaul of Irish adoption law to date, transforming a largely closed, restrictive system into a fully child-centred, rights based regime”
(IV) “The Adoption (Amendment) Act (2017)”- O’ Mahony- Quote
“Truly a watershed moment”, as illustrated by four key takeaways.
(IV) “The Adoption (Amendment) Act (2017)”- O’ Mahony- KT 1
Eligibility and equality of all adopters- amelioration of position of step-parent- legal hiccup
Pre-2017- apply in conjunction with BP, sacrifice of rights just to reapply for them
Post-2017- apply individually:
> M/CP/CH with BP and >home for 2 years
(IV) “The Adoption (Amendment) Act (2017)”- O’ Mahony- KT 2
“Unadulterated implementation” of UNCRC art. 3 (BI) and art. 12 (FVC)- statutory footing- exercising as far as practicable- non-exhaustive list of factors with regard to BI
(IV) “The Adoption (Amendment) Act (2017)”- O’ Mahony- KT 3
“Decreased opacity” of adoption in Ireland- progression toward open/ semi-open adoption- accelerated this progression- report 10mths / presentation 18mths
(IV) “The Adoption (Amendment) Act (2017)”- O’ Mahony- KT 4
Sheds more light on adoption of child born to marital family- S.I allowed if:
- parents have failed in their moral duty toward a child for a continuous period of 36mths
-are likely to continue in this failure of moral duty
-adoption deemed in BI of child
(V) Critical Assessment- AWTY?- Reflection
- root and branch reform subsists already
- spans a broad extent of provisions
- eg ‘integration with the broader care system, rather than remaining an “adjacent, yet broad, periphery”
(V) Critical Assessment- AWTY?- Reflection- “BITA (2022)”
Increased access to both birth certs, records and lineage- ‘no contact preference’= Achilles heel- O’Mahony: ‘strikes a reasonable balance’ vs. interest groups, demanding “unfettered access”
(V) Critical Assessment- AWTY?- Reflection- Post- Adoption Support
Shannon: “Adoption does not end with a court order”- Ireland favours a ‘clean break system’
(VI) Further Reform- UK- opening line
Deliberate shift toward ‘open adoption’ post 2002.
(VI) Further Reform- UK- Open Adoption
In UK- Children retain right of continuing contact with parents:
-Directly- Via letters or visits
-Indirectly- Via an intermediary or social worker
(VI) Further Reform- UK- Open Adoption- Effectiveness
UK Reports, as per the CFA, found that such open adoption actually enhanced stability, rather than undermined it, with children enjoying a greater sense of their own identity
