Domestic adoption in Ireland: a shifting paradigm?

Abstract

Domestic adoption in Ireland has been traditionally extremely controversial and its history, linked to the strong influence of the Catholic Church on the Irish state, has left a difficult legacy. In many respects the topography of contemporary domestic adoption in Ireland is now changing, presenting a critical opportunity for a national paradigm shift. However, while there is some evidence of change, a number of factors threaten the potential for more significant progress. Tensions exist between historical adoption practices in Ireland that continue to affect adopted individuals today, contemporary societal perceptions of adoption, the historical and current legislative basis of domestic adoption and the individual needs of those affected by it. The availability of new, independent methods of tracing birth relatives via the internet is competing with the traditional social worker-led model of tracing, creating unforeseen challenges for adoption stakeholders. This article draws on two recent Irish studies in the area of domestic adoption, which examined the experience of adoption, and its inherent challenges, from the perspective of adoptive families, adopted individuals and practitioners. It considers some of the challenges associated with the closed model of adoption and how those directly affected by adoption have been central in highlighting areas in need of reform. Some of the positive changes that have occurred in adoption practice are discussed, and the ongoing tensions that exist between contemporary adoption practice and law are examined.

‘My scar is called adoption’: The lived experiences of Irish mothers who have lost a child through closed adoption

“…Giving birth to a child outside of wedlock was viewed in society as unspeakably scandalous and such mothers were condemned as sinners and their children as tainted (Milotte, 1997). Adoption was therefore regarded as the 'complete' solution, shielding mothers from the social stigma and shame of pregnancy outside marriage and protecting the children from the stigma of 'illegitimacy' while also tending to the needs of couples unable to have children of their own (McCaughren and Lovett, 2014). Adoption practices for several decades were largely closed and characterised by secrecy.…”

“…While there is some evidence of change, existing tensions between the historical and current legislative bases of domestic adoption threaten the potential for progress (McCaughren and Lovett, 2014). The path to legislative change in respect of search and reunion, in the form of the Adoption Information and Tracing Bill 2016, has been particularly protracted.…”

Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis

“…Ireland Adoption has had a controversial history in Ireland, involving extreme secrecy (cf. now Adoption (Information and Tracing) Bill 2016, not yet passed at the time of writing) and stigmatised unmarried mothers cruelly treated in mother and baby homes and essentially forced to agree to the child's adoption (McCaughren and Lovett, 2014). Conversely, married parents were unable voluntarily to have their child placed for adoption until a change to the Sloan 682 international journal of children's rights 28 (2020) 666-688 Constitution (Irish Constitution, article 42A.3) and the implementation of the Adoption (Amendment) Act 2017 (see further Sloan, 2018a).…”

Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis

“…Ireland Adoption has had a controversial history in Ireland, involving extreme secrecy (cf. now Adoption (Information and Tracing) Bill 2016, not yet passed at the time of writing) and stigmatised unmarried mothers cruelly treated in mother and baby homes and essentially forced to agree to the child's adoption (McCaughren and Lovett, 2014). Conversely, married parents were unable voluntarily to have their child placed for adoption until a change to the Constitution (Irish Constitution, article 42A.3) and the implementation of the Adoption (Amendment) Act 2017 (see further Sloan, 2018a).…”