Is possible for a married couple to place a child for adoption in the UK?

[jay002]

I'm actually asking this question on of my sister in law. She's expecting and her and my brother never planned to have children and aren't really capable of looking after a child. They decided to look into adoption a only to find out that in Ireland a married couple cant give their baby up for adoption. Their only choice is to keep the baby or put it in foster care. She's devastated at this and absolutely doesn't want the child to end up in care. Is it possible for a married couple to put a child up for adoption in the UK? I wouldn't think they'd be able to do it from here in Ireland but if they moved over to England would it even be possible or are the laws similar to here?

What rip says.

The difference is that in the UK married couples are allowed to give their children up for adoption - but there is a process and private adoption isn't allowed.

While in Ireland married couples are not allowed to give their children up for adoption full stop.

a couple of things. I think whoever said that if they gave birth in the UK the child would be British is incorrect - UK citizenship comes through your parents, not your place of birth. Even if that were the case, I think a court would consider the constitutionality of the relationship between parents and child to be inviolate. The Irish Constitution effectively considers children to be the property of their parents and in this instance, the natural fruit of marriage which cannot be given away. A child born outside of marriage is still considered differently in this instance. In practice, this has led to terrible situations where the rights of the parents to their children has almost always trumped the rights of their children to freedom from abuse (etc), even where family members have been willing (and desperate) to step in.

The other thing that's important is that adoptions aren't necessarily universal - what's recognised in one state isn't automatically recognised in another, unless there's an agreement in place. I know this because as the non-biological parent of my DD (we are a gay couple) I could adopt her in the UK (I am a UK citizen, DP is Irish, but has a right to UK citizenship, as does DD through her mother - and incidentally her father were he officially involved on a legal level), but the adoption would not be valid here in Ireland, because currently only married and single people can adopt here - not civil partners (well, as of Jan this year).

I can't think what to suggest to the OP, other than to contact the various agencies suggested and ask for good advice. An Irish family lawyer might be able to advise: Geoffrey Shannon often seems to talk good sense on the topic - Maryz knows the system inside out, and may know whether he is a good thing or not.

Is it worth seeing what the situation in Northern Ireland is?

As someone said you can abandon the child (eg in a hosptial in the UK) and leave a letter stating your intention for the child to be adopted and at least in the UK that would happen (unlike Ireland). Although technically your consent to the adoption would not be valid, court would when it comes to it waive birth parent consent on the grounds that birth parents cannot be found.

Presumably child won;t be tatooed with "ireland" so british citizenship wouldn't be an issue and at any rate a child adopted by UK parents would be automatically granted citizenship at the point of the adoption.

But as mentioned earlier, thats a traumatic way to do it.

Still if your SIl and bro remianed sure afetr birth that they cannot parent this child - better in my opinion for the child to have a permanent home than alife in foster care. Your SIL would still have at least 6 weeks to change her mind and probably longer.

Sad situation to be in.

I think the laws the rules IN NI are the same as rest of UK though some procedures are slightly differnt.

think maryz is right - too important to be left to the vagaries of opinion on an internet forum. Find a good lawyer on each side of the Irish sea and fully understand the options and implications.

Maryz is right plse listen to and pass on her advice.
We have foster DP's niece and nephews, their Mum has nothing to do with them any more their Dad lives in UK and has visitation rights, he would like us to adopt them, Mother would not disagree any more but as they were married we cannot, We have promised the children we will always have a home for them with us but the insecurity of the situation does cause problems for the eldest, if their Dad had taken custody of them we could have possibly lost them to the UK system where they may have been adopted and given security, but it is frustrating that we cannot provide total security for them, Plse do not advise them to abandon the child who will live on the whim of the system/court and we do not yet know what changes the new Government will bring in with their overhaul.

@ Maryz :- Re your comment "They may, if they give birth in the UK and refuse to take the baby home, possibly have it taken into care in England, where it will presumably eventually be adopted." Has anyone tried this and "succeeded"? I think it is more likely the parents would be told to take their child back to Ireland and abandon it there if they wish.

Melvin Maryz said that to highlight that the problems that may arise if they follow that course of action. She is very clear that they get legal advice.

drinvingmisscrazy "I think whoever said that if they gave birth in the UK the child would be British is incorrect - UK citizenship comes through your parents, not your place of birth." Um, no, that's incorrect. My girlfriend, Canadian, gave birth in the UK and the child has British citizenship. He also has Canadian and French citizenship through his parents.

jay002 Your brother and SIL need to speak to someone at an agency and possibly a lawyer... that way they will get the exact information they need and get things going before baby is born.

GotArt yes, you are right. But you can also claim citizenship by descent in a myriad ways

GotArt yes, you are right - I was thinking of rights to UK citizenship for those not born there . But you can also claim citizenship by descent in a myriad ways. I don't think it's relevant in this case - and it won't help them.

OP I don't think you're being honest here. I suspect there is a lot more to this than you're letting on.

What if they "split up" before the baby arrives? Would they be allowed to relinquish it then?

I don't know their particular circumstances obviously but is there any chance that they might change their minds when the baby arrives?

I have to say I have only admiration for this couple. They must really love this baby already- they are wanting to do the best for it and it's not even here yet. I hope they manage to find the best solution for themselves and the baby.

driving I agree and this conversation is digressing beyond the initial question. I think the only way they are going to get a proper answer is to ring an agency and lawyer, the sooner the better. I've been looking for international adopting from Ireland to Canada and it doesn't seem possible, or very damn hard indeed, as there were comments about them privately adopting to USA.

The @ @ @ is doing my head in too!
I have given up with the thread.

Actually private adoptions happened in the UK until 1976/7. Our friends adopted one of the last few babies adopted under private adoption. They were chosen by the birth mother after she lived with a relative of theirs during the pregnancy. Friends had to go the usual local authority route for their second child in 1978.

Ya... I was wondering about this Melvin character. A bit OTT and a wee bit aggressive.

'What if they "split up" before the baby arrives? Would they be allowed to relinquish it then?'

They'd still be married. There's no divorce there.

What an awful situation to be in. The poor child.

If they don't want children then they need to be sterilised so they don't find themselves in this situation again. But then I assume Ireland don't provide sterilisations either.