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EmailINTERCOUNTRY ADOPTION
IRELAND
May 2006
Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from Ireland and apply
for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws
of the child’s country of birth govern all activity in that country including the adoptability of individual children as well
as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child
to the United States.
The information in this flyer relating to the legal requirements of Ireland is based on public sources and our current understanding.
It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information
only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects
our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S.
immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.
PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: TRecent U.S. immigrant visa statistics indicate only one immigrant visa has been issued to an Irish orphan in the last five fiscal years.
Adoption Authority in Ireland: The government office responsible for adoptions in Ireland is:
Adoption Board (An Bord Uchtala),
Shelbourne House
Shelbourne Road
Ballsbridge, Dublin 4
Tel: 353-1-667-1392
Fax: 353-1-667-1438
Website: www.adoptionboard.ie
Eligibility Requirements for Adoptive Parents: Other than widows or widowers, unmarried individuals may not adopt Irish children. A couple adopting a child to whom they are not related must both be at least 21 years of age.
Where the child is being adopted by a married couple and one of them is the biological mother or father or a relative of the child, only one of them must have attained the age of 21 years. Both the biological parent and the step-parent adopt the child, thus changing the biological parent’s legal relationship to the child.
Irish law does not lay down upper age limits for adopting parents. However, age is considered a significant factor by the societies and health boards when assessing a couple’s suitability to adopt and most Irish adoption agencies apply their own upper age limits.
The following persons are eligible to adopt:
(a). A married couple living together. This is the only circumstance in which the law permits the adoption of a child by more than one person.
(b). A maried person alone. In this circumstance, the spouse’s consent to adopt must be obtained, unless they are living apart and are separated because:
(i). there is a court decree or deed of separation; or
(ii). the absent spouse has deserted the prospective adoptive parent; or
(iii). the prospective adoptive parent has left the other spouse based on that other spouse’s conduct.
(c). The mother, father or a relative of a specific child (relative meaning a grandparent, brother, sister, uncle or aunt of the child to be adopted and/or the spouse of any such relative). In this case, the term “relative” is taken to mean a biological relative of either the biological mother or father.
(d) A widow or widower.
Persons not falling into one of the categories c) and d) above may only adopt where the Board is satisfied that, in the particular circumstances of the case, it is desirable to grant an order. A sole applicant who does not come within the classes of persons defined under c) and d) may only adopt where the Board is satisfied that, in the particular circumstances of the case, it is desirable to grant an order. It is not possible for two unmarried persons to adopt jointly.
If the adopting parents, child and birth parent(s) are not all of the same religion, the birth parent(s) must know the religion (if any) of each of the adopting parents when giving consent to the child’s adoption. The identity of the adoptive parents need not be disclosed to the biological parents, merely their religious preference.
The Adoption Board cannot make an adoption order unless it is satisfied that each of the adopting parents is a suitable person to have parental rights and duties in respect
Residency Requirements: Adopting parents must be ordinarily resident in Ireland and have been so resident for at least one year before the date of the making of the adoption order.
Time Frame: From start of process until the child is matched with prospective adopters is approximately 12 to15 months. Adoptive parents who plan to file an I-600 must finalize the adoption within 18 months of filing their I-600A in the United States.
Adoption Agencies and Attorneys: The registered adoption societies and the health boards are the only agencies legally entitled to place children for adoption. A number of the societies are operated by, or in association with, the local Irish health authority. There is no Irish government-approved attorney or firm of attorneys. A list of approved adoption agencies can be found at: http://www.adoptionboard.ie/domestic/supportgroups.php.
Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed. Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.
Adoption Fees in Ireland: Attorney fees: Vary depending on the firm and the complexity of the case:
Adoption Agency fees: No Fees
Health Board fees: No Fees
Adoption Board fees: No Fees
Estimated average cost to parents of adoption in Ireland: No maximum
ADOPTION PROCEDURES:
Domestic Adoption Within Ireland: All applications for adoption orders are made to the Adoption Board, an independent statutory body. The primary function
of the Board is to approve applications for adoption orders. It also has responsibility for registering and supervising the
adoption societies.
Only Registered Adoption Societies and the Health Boards are legally entitled to assess the prospective parents for their suitability as parents and to place children for adoption. If the adopter(s) pass this assessment, and succeed in having a child placed with them, they may then apply to the Adoption Board for an Adoption order, which places the child in the permanent care of the adoptive parents. The Adoption Board does not usually issue an Adoption order to finalize an adoption until the adopting parents have had the child in their care for at least six months.
An Adoption order secures in law the position of the child in the adoptive family. On the making of the adoption order the parent(s) lose(s) all legal rights over the child and is freed from all duties. These rights and duties are transferred to the adoptive parents. The child is regarded in law as the child of the adoptive parents as if he/she were born to them in marriage.
All applications for adoption orders are made to the Adoption Board, an independent statutory body. The primary function of the Board is to approve or refuse applications for Adoption orders in relation to Irish adoptions.
A couple wishing to have a child placed with them for adoption should apply to a registered adoption agency or their local health board to initiate the process. They will undergo an assessment process to determine whether they are considered eligible to adopt. Those who are considered ineligible to adopt for any reason can appeal the decision of the assessors if they wish. Those considered eligible can then seek a child to adopt.
Very few children are placed for adoption in Ireland each year. As there are far more couples wanting to adopt than there are children available for adoption, not every couple who applies to an adoption agency, and successfully passes the assessment, will be successful in locating a child to adopt in Ireland.
A couple seeking permission to adopt will have to undergo a detailed assessment by either the Registered Adoption Society or the Health Board (not the Adoption Board) through which they have chosen to apply
The purpose of this assessment is to establish the couple’s suitability as prospective adoptive parents. The assessment will be carried out by one of the agency’s social workers. It will include a number of joint and individual interviews and visits to the couple’s home. The social worker will ask about the couple’s relationship, their motives for adoption, and their expectations of how they will be impacted emotionally by an adoption. The couple will also need to undergo a medical examination.
The Adoption Board cannot make an adoption order unless it is satisfied as to the suitability of the adoption parents. The Board has a team of social workers who visit the homes of applicants for adoption orders and report to the Board on their suitability. This second set of home visits is completely separate from those initially conducted by either the Adoption Society or Health board.
On receipt of an application for an adoption order, the Board assigns one of its social workers to the application. The social worker will normally make at least two visits to the applicant’s home.
The Adoption Board does not usually finalize an adoption until the adopting parents have had the child in their care for at least six months. The Board may require the applicants to have the child in their care for a longer period in certain circumstances.
When the Adoption Board is satisfied that an adoption is ready to be finalized, it will invite the adoptive parents and child to attend the hearing of their application. At the oral hearing, the applicants are asked certain questions under oath in order to establish their identity and eligibility to adopt. If these questions are answered to the satisfaction of the Board, the Board then makes an adoption order of the child.
Intercountry Adoption in Third Countries: The pre-approval procedures for intercountry adoption are similar to domestic adoption above. The adoption of the child will by governed by the child’s country of origin. For more information on Irish government requirements for such cases, prospective adoptive parents should visit http://www.adoptionboard.ie/intercountry/index.php.
Documents Required for Adoption in ireland: If a couple is accepted by an adoption agency and have a child placed with them, the next step is to apply to the Adoption Board for an adoption order. Certain documents specified by the Adoption Board must be sent to the Board in support of the application, typically marriage certificates, birth certificates, etc.
AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html .
Irish embassy and Consulates General in the United States:
Embassy of Ireland
2234 Massachusetts Avenue N.W.
Washington D.C. 20008
Tel: 202 462-3939
Fax: (202) 232 5993
http://www.irelandemb.org/
Ireland also has Consulates General in Boston, Chicago, New York, and San Francisco.
U.S. Immigration Requirements: Prospective adopting parents are strongly encouraged to consult USCIS publicationM-249, The Immigration of Adopted and Prospective Adopting Children, as well as the Department of State publication, International Adoptions. The USCIS publication is available at theUSCIS Web site. The Department of State publicationInternational Adoption can be found on the Bureau of Consular Affairs Web site,travel.state.gov, under “International Adoption.”
Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative. Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.
U.S. EMBASSY in Ireland: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency. The Consular Section is located at:
U.S. Embassy
42 Elgin Road
Ballsbridge Dublin 4
Tel: (353)-(1)-668-8777,
After hours number: (353) (1) 668-9612
Fax: (353) (1) 668-8056
Email: ACS_Dublin@state.gov
APPLYING FOR A VISA AT THE U.S. EMBASSY IN IRELAND: citizens residing in
ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of
ADDITIONAL INFORMATION: Specific questions about adoption in Ireland may be addressed to the U.S. Embassy in Dublin or the Irish Adoption Board.
General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State,
CA/OCS/CI, SA-29, 4th Floor,
Useful information is also available from several other sources:
Telephone:
- Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
- U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
- U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
Internet:
- Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
- Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Country Specific Information (CIS) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
- USCIS web site - http://uscis.gov/.
