Adoption Matters Amendment Act 1999
Please note that the legislation presented is a summary of the basic facts and if a full copy is required contact should be made with NAPI ( The National Adoptive Parents' Institute).
Social worker qualifications:
"An accredited social worker" means a registered social worker in private practice who has registered a speciality in adoption services and who complies with the conditions for the practising of such a speciality under the Social Worker Act.
The condition is: provided that the mere passing of an examination contemplated in the Act shall not be regarded as sufficient for the registration of such a speciality.
Definitions:
Child born out of wedlock
A child whose parents were not married to each other at the time of his or her conception or birth, or at any time thereafter.
Natural father
Natural father is the male person whose gamete has contributed to the conception of the child as a result of "a sexual relationship" with the mother.
Legal representation and Legal Aid
Provision has been made for the child to gain legal representation but the Legal Aid Board, due to financial constraints, will not be able to carry the costs of the majority of these cases. The legal costs will be recovered from any of the parties in question.
Basic premises are as follows
A natural father of a child born out of wedlock to gain parental rights through adoption.
The alternative procedure contemplated for fathers wishing to parent their biological child is to apply for access, custody or guardianship through the High Court, as contemplated in the Natural Fathers of Children born out of Wedlock Act.
Unmarried father
to acknowledged himself in writing to be the father of the child and enter the particulars regarding himself in the registration of birth of the child according to the Births and Deaths Registration Act with the consent of the mother and ensure that
the particulars are correct at all times.
An unmarried father of a child will be notified of adoption proceedings if the mother of the child at the time of giving her consent to an adoption confirms in writing that he has acknowledged himself to be the father and furnishes particulars regarding his identity and his whereabouts; or
A social worker, within the period of 60 days after the mother has given her consent or at any stage before the order of adoption is granted by the children's court, submits a report confirming the identity and whereabouts of the father and that the father has established a relationship with the child.
Notice of consent to adoption
Consent to adoption must be given by both parents of a child and in the case of the child born out of wedlock, by both the mother and the natural father provided that he has acknowledged himself in writing to be the father of the child and has made his identity known on the child's birth certificate
Where only one parent has given consent the commissioner causes a notice to be served within 14 days informing him or her of the consent that has been given and affording him or her of the opportunity to
also give or withhold consent.
Advance reasons why consent should not be dispensed or in the case of a natural father of a child born out of wedlock, apply for the adoption of the child.
Dispensing of notification of adoption
The notification of an intended adoption of a child born out of wedlock may be dispensed with if the children's court is satisfied that the birth father:
* deserted the child and/or whose whereabouts are unknown or
* or/and a father of a child born out of wedlock, has failed to acknowledge himself as the father of the child or has without good cause failed to discharge his or her parental duties with regard to the child
* the child was conceived as a result of an incestuous relationship between himself and the mother of the child or
* was convicted of the crime of rape or assault of the mother or
* was, after an inquiry by the children's court following an allegation by the mother of the child, found on a balance of probabilities, to have raped or assaulted the mother; provided that such a finding shall not constitute a conviction for the crime of rape or assault as the case may be.
A natural father who has failed to respond to a notice served upon him of the impending adoption proceedings.
The notice of an intended adoption shall not be required unless an unmarried father has acknowledged himself in writing to be the father of the child and has entered the particulars regarding himself in the registration of birth of the child according to the Births and Deaths Registration Act with the consent of the mother and ensures that the particulars are correct at all times.
Or if the mother of the child at the time of giving her consent, confirms in writing that he has acknowledged himself to be the father and furnishes particulars regarding his identity and his whereabouts.
Or if a social worker, within the period of 60 days after the mother has given her consent or at any stage before the order of adoption is granted by the children's court, submits a report confirming the identity and whereabouts of the father and that the father has established a relationship with the child.
A social worker shall in the event where he or she has obtained information of the identity and whereabouts of the natural father of the child concerned submit a report to the children's court of such information.
Courts
Where, in the case of an impending adoption, the mother of the child has withheld her consent to the father to enter his details into the birth register of the child, the natural father shall apply to the children's court concerned for a declaratory order which confirms his paternity of the child and dispenses with the consent of the mother.
Where the mother of a child has not given her consent to have the father's particulars entered onto the child's registration papers, the father of such a child shall apply to the High Court for a declaratory order which confirms his paternity of the child and dispenses with the requirement of consent of the mother to his registration as the father of the child.