Adoption means to take into one’s family through legal means and raise as one’s own child. When an adoption order is made, the legal bond between the natural parent and the child ceases completely.

Legal implications of Adoption

Adoption was legalised in Ireland by the enactment of the Adoption Act, 1952. When an adoption order is made under this Act, the child is considered as the child of the adopter or adopters born to him, her or them in natural wedlock and the mother or guardian shall lose all parental rights and be freed from all parental duties with respect to that child.

An adoption order may be made in respect of a child who is:

  • An orphan
  • A non-marital child
  • A legitimated child whose birth has not been re-registered under the Legitimacy Act, 1931
  • An abandoned child (where in High Court proceedings it has been established that the parents of the child has for physical or moral reasons failed in their duty towards the child)

Who can adopt – Those capable of adopting are;

  • A married couple living together
  • The natural mother/natural father
  • A relative of the child
  • Widow/Widower
  • A legally separated married man or woman
  • A single person

Consent Issues

An adoption order will not be made unless the child’s mother or guardian or any person who has control over the child consents to the making of an adoption order. Healy O’Connor Solicitors LLP can provide advice in relation to the making of an adoption order.