There are no proposals to change the adoption laws to permit adoption by gay couples, according to Minister of State for Justice Brian Lenihan.
The Minister was responding to media reports that the Attorney General had cleared the way for adoption by gay couples in a new interpretation of the Adoption Acts.
According to Mr Lenihan, the Attorney General has never been asked to advise on the issue of whether a sole applicant, who is a member of a same-sex couple, would necessarily be deemed ineligible to adopt. It is understood his opinion was sought on the case of a heterosexual unmarried couple who wanted to adopt a child.
In such a case, one person is assessed as a single applicant. The fact that they are in a relationship is considered as relevant only as part of all the circumstances that might affect the welfare of the child.
The Adoption Act of 1952 (as amended) permits adoption by a married couple, a widow or widower or a sole applicant. An adoption order cannot be made in favour of two persons jointly unless they are a validly married couple living together.
Section 10(2) of the 1991 Adoption Act permits adoption by single parents, but only where the Adoption Board is satisfied that, "in the particular circumstances of the case, it is desirable". This section also implies that separated and divorced people can adopt children.
According to Kiernan Gildea, registrar of the Adoption Board, there were 66 adoptions by single applicants between 1991 and 2004. Normally these were by people with an established relationship with the child, typically people working abroad in a care centre where the child ended up following abandonment.
All prospective adoptive parents must undergo a rigorous assessment procedure and be accepted by the Adoption Board. All those involved with the child can be heard at an obligatory oral hearing.
In his book, Child Law, family law expert Geoffrey Shannon points out that the Adoption Board must, when determining the suitability of adopters, ensure they are of good moral character, have sufficient means to support the child and be suitable persons to have parental rights and duties.
Following the completion of the assessment and the compilation of reports as to the suitability of the prospective adoptive parents by a social worker, the Adoption Board convenes an oral hearing.
A wide range of people is entitled to be heard at this hearing, including the applicant, the child, the mother, father and/or guardian and other relatives of the child, the person in whose care the child was immediately before being placed for adoption, a representative of any adoption society or health board involved with the child, an officer of the Adoption Board and any other person whom the board decides to hear.
The Mother and Child Campaign reacted strongly to reports of new rules permitting adoption by homosexual couples.