TWO FINE Gael Ministers have said they have no plans for legislation to allow for the adoption of children by same-sex couples – despite pre-election commitments from their Coalition partner Labour to do so.
Minister for Children Frances Fitzgerald said she had no legislative proposals in the area, while Minister for Justice Alan Shatter referred a query from a Labour backbencher to Ms Fitzgerald and repeated her response on the issue.
During last year’s election campaign, Labour promised to extend adoption rights to all parties in civil partnerships. This was in a section of the party’s manifesto devoted to gay rights.
Under current legislation, couples have to be married and living together to be entitled to apply to the HSE for assessment of their eligibility and suitability to adopt children.
Civil partnership legislation introduced two years ago did not concern itself with adoption rights.
The Adoption Act 2010 provides for adoption by a married couple or a relative of the child, but also allows the Adoption Authority to decide that it is desirable for some other person to adopt. This allows individuals to apply to adopt but where the person is in a relationship but not married, it means that his or her partner has no legal rights regarding the adopted child.
The Adoption Authority must have regard to the welfare of the child as the first and paramount consideration. The fact that an unmarried person is in a relationship is relevant only insofar as it might affect the child’s welfare.
Responding to a question from Sinn Féin TD Jonathan O’Brien, Ms Fitzgerald said it was currently not possible for two unmarried people to jointly adopt a child. She added that she was was not planning any legislation proposals to allow this.
Mr Shatter, responding to a query from Labour backbencher Joanna Tuffy, said Ms Fitzgerald was responsible for adoption legislation and policy.
