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Can Two Couples Share Joint Custody And Legally Adopt The One Child?
 
# 1 : Monday 6-3-2017 @ 19:18
 
 
I was reading a story where two couples are eagerly awaiting the birth of their child.

In Ireland what is the legal situation here?

Both couples are married, and both are same sex marriages.

If the biological father and the biological mother are each in same sex marriages, is it possible for the other parents (non-biological) to adopt the child so all four have legal claim to the child?

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# 2 : Monday 6-3-2017 @ 19:42
 
 
I don't know but I would hope not. If a child has two loving parents who are looking after its welfare why would anyone else need to adopt them. If its to have a legal claim, I thought that went out with slavery. Why cant the biological parents be the parents, and their partners be the godparents.
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# 3 : Monday 6-3-2017 @ 19:44
 
 
It sounds too specific a situation to legislate for.

I don't see why they couldn't just declare the biological parents as the legal parents of the child to satisfy legislation, with each of the parent's spouses being declared "next of kin".
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# 4 : Monday 6-3-2017 @ 19:47
 
 
I think the next of kin solution would be the best.

I thought of this scenario happening in Ireland after the equal marriage legislation was passed by referendum. (prompted by the story, I mean.)
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# 5 : Monday 6-3-2017 @ 19:48
 
 
Good points Nick and Greenmanpp
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# 6 : Monday 6-3-2017 @ 21:07
 
 
Someone said :
I was reading a story where two couples are eagerly awaiting the birth of their child.

In Ireland what is the legal situation here?

Both couples are married, and both are same sex marriages.

If the biological father and the biological mother are each in same sex marriages, is it possible for the other parents (non-biological) to adopt the child so all four have legal claim to the child?

No. In Irish law, only one person or two people can be parents of a child, with the additional feature that the law recognises in some circumstances that there can be an important relationship between a child and a step-parent.


In Irish law, a central part of the adoption process is that the legal relationship with the previous parent or parents ceases:

58 .— Upon an adoption order being made, or the recognition under this Act of an intercountry adoption effected outside the State—

(a) the child concerned shall be considered, with regard to the rights and duties of parents and children in relation to each other, as the child of the adopters born to them in lawful wedlock, and

(b) with respect to the child, the mother or guardian of the child, and the child’s father, shall , subject to section 57 , lose all parental rights and be freed from all parental duties .

http://www.irishstatutebook.ie/eli/2010/act/21/enacted/en/print#s etc ...

As for who can adopt, that a little bit complicated.

The current law states
33 .— (1) (a) The Authority shall not make an adoption order, or recognise an intercountry adoption effected outside the State, unless—

(i) the applicants are a married couple who are living together,

(ii) the applicant is the mother or father or a relative of the child...

http://www.irishstatutebook.ie/eli/2010/act/21/enacted/en/print#s etc ...

The Oireachtas in 2015 in the run-up to the marriage equality referendum passed a Bill that would change that in the following way:

Section 33 of the Principal Act is amended—

(a) in subsection (1)(a) —

(i) by the insertion of the following subparagraphs after subparagraph (i):

“(ia) the applicants are civil partners of each other who are living together,

(ib) the applicants are a cohabiting couple,”,

...

http://www.irishstatutebook.ie/eli/2015/act/9/enacted/en/print#se etc ...

However, that provision has not yet been made operational (the Minister for Justice needs to sign an order for it to "commence" that section, as the legal jargon puts it).

The bottom line on this is that a married couple can adopt (same-sex or mixed-sex) but other same-sex couples, including those who are in a civil partnership, cannot.
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# 7 : Tuesday 7-3-2017 @ 07:15
 
 
Someone said :
I was reading a story where two couples are eagerly awaiting the birth of their child.

In Ireland what is the legal situation here?

Both couples are married, and both are same sex marriages.

If the biological father and the biological mother are each in same sex marriages, is it possible for the other parents (non-biological) to adopt the child so all four have legal claim to the child?

In other words, the birth parents are the legal parents, and for the child to be adopted by the other parties, the birth parents would first have to forfeit their rights and duties as parents.
And that would still mean that the other 2 have to be vouched by the authorities, which is not a given.
And even then, it could be judged that the best interest of that specific child is to be raised by another party altogether. Unlikely, but technically possible.

Someone said :
Babies are not a commodity.
Good for them to have a strong support network. It does not mean that the law has to indulge in the desire of everybody and anybody to label themselves "parents".

Only the best interest of the child should matter in determining parenthood, not social experiments.

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