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Who can adopt?

In order to adopt a child, you must be at least 21 years of age and resident in the State. Where the child is being adopted by a married couple and one of them is the mother or father or a relative of the child, only one of them must have attained the age of 21 years.

The following persons are eligible to adopt:

• A married couple living together.
• A married person alone. The other spouse's consent to adopt must be obtained unless the couple is living apart and separated under a court decree or a deed of separation, or the other spouse has deserted the prospective adoptive parent or the other spouse's conduct has resulted in the prospective adoptive parent, with just cause, leaving the other spouse.
• The mother, father or relative of the child (relative meaning a grandparent, brother, sister, uncle or aunt of the child and/or the spouse of any such person, the relationship to the child being traced through the mother or the father).
• A widow or widower.
• A sole applicant who is not in one of the categories listed above may only adopt where the Adoption Authority is satisfied that, in te particular circumstances of the case, it is desirable. It is not possible for two unmarried persons to adopt jointly.

The Children and Family Relationships Act 2015 provides that civil partners and cohabiting couples may jointly adopt a child. The relevant sections of the Act have not yet come into effect.

There are no legal upper age limits for adopting parents. The Child and Family Agency has more information on who can adopt.

Consent

The consent of the parents/guardians of the child to the adoption is a legal requirement. If the child is born outside marriage and the father has no guardianship rights, only the mother's consent is needed, but the father is entitled to be consulted (if possible). However, the consent of the father is required if he marries the mother after the birth of the child or he is appointed guardian or is granted custody of the child by court order.

The mother, father (where he is guardian) or other legal guardian must give an initial consent or agreement to the placing of a child for adoption by the Child and Family Agency or an approved adoption service. They must then give their consent to the making of an adoption order. This consent may be withdrawn any time before the making of the adoption order.

If the mother either refuses consent or withdraws consent already given, the adopting parents may apply to the High Court for an order. If the court is satisfied that it is in the best interests of the child, it will make an order giving custody of the child to the adopting parents for a specified period and authorising the Adoption Authority to dispense with the mother's consent to the making of the adoption order.

If a mother changes her mind about adoption before the making of the adoption order, but the adopting parents refuse to give up the child, she may then institute legal proceedings to have custody of her child returned to her.

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