On 1st November, 2010
Ireland witnessed a sea-change in its adoption legislation for the first time
in 50 years. This presented a golden opportunity for the Irish Government to
address many of the inadequacies which have been long been associated with what
has been regarded as an outdated piece of legislation. In short, this Act aims
to achieve three main objectives: the consolidation of the six amending pieces
of legislation subsequent to the enactment of Adoption Act 1952, the formal
establishment of the Adoption Authority and most importantly, the ratification
of the Hague Convention on the Protection
of Children and Co-operation in Inter-country Adoption.
This socio-legal paper will not only identify
some of the shortfalls of the new Act but will also undertake a comparative
analysis with the UK experience. This paper will pose some critical questions
in relation to the perceived inadequacies of the recently adopted legislation.
Some key issues which will be explored include: the lack of statutory provision
for a right to information; the blatant failure to take into account the
extensive national and international adoption research; the lost opportunity to
strengthen the position of unmarried fathers and the clear lack of recognition
afforded to same-sex couples. Indeed, one of the most pertinent questions that
will be asked is whether the Act truly prioritises the best interests of the
child. Furthermore, another consideration is the anticipated effect of the
proposed constitutional amendment on the rights of the child on all of these
issues.