The proposed Article 42A(3) states:
Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.” Here we are specifically concerned with adoption where the child’s guardians consent to the placement.
The proposed new measure envisages that any child (whether born inside or outside marriage) may be voluntarily placed for adoption. This represents a firm move away from the original rationale underpinning Irish adoption law: that adoption was designed to give children born outside marriage the opportunity of a life within a marital family. Article 42A(3) clearly envisages that children born inside marriage may also be transplanted, with parental consent, into another family.
The key difference between this approach and the current legislative position is that marital parents will be allowed voluntarily to place their child for adoption. The General Scheme of the Adoption (Amendment) Bill 2012 envisages that a child born inside of marriage could, if this referendum is passed, be placed for adoption with the consent of both married parents.
As the law currently stands, voluntary placement for adoption Continue reading “Legal Analysis of the Children's Referendum: Article 42A.3”