New approaches to adoption from Irish foster care: A qualitative study of young adults’ experiences and the policy making response

Adoption from foster care is historically rare in Ireland due to the principle ‘protection of children based in marriage’ and the relative lack of the voice of the child in the Irish Constitution. In 2012, however, a Constitutional Referendum on children’s rights led the way for the enactment of legislation that allowed children, regardless of their parents’ marital status, to be adopted domestically. This also opened up the possibilities of non-consensual adoption and shorter timelines for the legal process to take place.

This paper examines the policy drivers and the practice contexts that have evolved as a result of these changes. It begins by exploring the key premises of the Adoption Bill, 2016 – soon to be enacted - and provides an overview of statistical trends in domestic adoption within Ireland, leading up to the legislative reform. It will then report on a PhD study being carried out by the author, which examines the legal extension of adoption as a permanence option in Ireland. The research design uses qualitative in-depth interviews with adults who were adopted from the Irish foster care system, and professional stakeholders. The findings of the study reveal the experiences of those people who were adopted from foster care in Ireland and suggest how this legislative reform will impact future children coming into the care of the Irish state. In addition, a discussion takes place about what Irish policy makers can learn from the legacy of the past and through comparisons of adoption policy practices in other international jurisdictions. The paper concludes by suggesting that adoption - as a modern child-care option - should be implemented with an eye to the past, but should not be restricted by previous mistakes.