Sir, – The opening salvos in the marriage referendum by the No campaigners have seen assertions that the ballot, if passed, will strike a terminal blow to the “traditional family”, as it will operate to extend adoption rights to all persons who would marry under it.
The class of person who can apply to adopt legally in Ireland has evolved with time. The Adoption Act 1952 provided that single people could adopt, though it was initially limited to a widow, a child’s mother, father or relative.
By 1974, a widower was added to this list and, in 1991, any single person could apply to adopt a child. This position was confirmed in the Adoption Act 2010.
A concern of those opposing the marriage referendum seems to be that this amendment will deprive the adopted child of a “mother and father”, as the Oireachtas will not be able to enact legislation which prefers an opposite-sex couple when considering applicants for adoption.
The legislative history of adoption shows that no such preference is a feature of our adoption laws. Indeed, section 33 (1)(a)(iii) of the 2010 Act makes the position clear; an applicant for adoption must satisfy the Adoption Authority of Ireland that “in the particular circumstances of the case, the adoption is desirable and in the best interests of the child”.
It is submitted that this is the State’s primary concern when making adoption orders, and not the particular make-up of the proposed adoptive family.
Whether the referendum is passed or not, this will continue to be the case. – Yours, etc,
GRACE MADIGAN, BL
NICK REILLY, BL
Dublin 7.