DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

PLEASE NOTE: Each year only a few Irish children are placed for adoption. Foreign adoptions are exceptionally rare, since adoptive parents must be resident in Ireland for at least one year.

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 licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Ireland and applying for an immigrant visa for the child to come to the United States. This process involves complex Irish and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Ireland before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics show that in the last five years there were no immigrant visas given for adopted children/orphans.

IRISH ADOPTION AUTHORITY: The government office responsible for adoptions in Ireland is the Adoption Board (An Bord Uchtala), Shelbourne House, Shelbourne Road, Ballsbridge, Dublin 4, tel: 353-1-667-1392, Fax: 353-1-667-1438.

IRISH ADOPTION PROCEDURES: 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 health board.

All application for adoption orders are made to the Adoption Board, an independent statutory body. The primary function of the board is to grant or refuse applications for adoption orders. It also has responsibility for registering and supervising the adoption societies.

A couple wishing to have a child placed with them for adoption should apply to a registered adoption agency or their local health board. 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 will be successful.

A couple that is being considered by an adoption agency would have to undergo a detailed assessment. 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 discuss such areas as the couple's relationship, their motives for adopting, their expectations of the child, and their ability to help the child gain knowledge of his/her natural background. The couple will also have to undergo a medical examination.

The Adoption Board cannot approve 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. 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 to attend before it with the child for the hearing of their application. At the oral hearing, the applicants are asked certain questions on 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.

AGE AND CIVIL STATUS REQUIREMENTS: A couple adopting a child to whom they are not related must both be at least 21 years of age. If a married couple is adopting the child 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. The law does not lay down upper age limits for adopting parents. However, age is a significant factor when assessing a couple's suitability to adopt and most 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 where the law permits the adoption of a child by more than one person.
(b) a married person living alone; in this circumstance the spouse's consent to adopt must be obtained, unless they are living apart and are separated under (I) a court decree or (ii) deed of separation or (iii) the spouse has deserted the prospective adopted or (iv) conduct on the part of the spouse results in the prospective adopter, with just cause, leaving the spouse and living apart;
(c) the mother, father or a relative of a child (relationship to a child born outside marriage is traced trough the mother only);
(d) a widow or widower.

A person who does not come within the classes of persons defined under 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. Adopting parents must be ordinarily resident in the State and have been so resident for at least one year before the date of the making of the adoption order.

Where the adopting parents, the child and the natural parent(s) are not all of the same religion, the biological parent(s) must know the religion (if any) of each of the adopting parents when giving consent to the child's adoption.

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 of the child.

ADOPTION AGENCIES AND ATTORNEYS: There is no Irish Government approved attorney or firm of attorneys. Lists of approved adoption agencies are:

Adoption Societies in Ireland

CLARE
St. Catherine's Adoption Society
Clare Care
Harmony Row
Ennis Co., Clare
Tel: 353-65-28178

CORK
Sacred Heart Adoption Society
Blackrock
Cork
Tel: 353-21-357730

St. Anne's Adoption Society
Cork & Ross Family Center
34 Paul St.
Cork
Tel: 353-21-273212

DONEGAL
St. Mura's Adoption Society
Pastoral Center
Cathedral View
Letterkenny
Co. Donegal
Tel: 353-74-21853

DUBLIN
St. Louise Adoption Society
First Floor
Park House
North Circular Road
Dublin 7
Tel: 353-1-838-7122

St. Patrick's Guild
82 Haddington Road
Dublin 4
Tel: 353-1-668-1908/668-1765

CUNAMH
CPRSI House
30 South Ann St.
Dublin 2
Tel: 353-1-677-9664

RGAS (Rotunda Girls Aid Society)
Rotunda Hospital
Dublin 1
Tel: 353-1-874-4262

PACT (Protestant Action Society)
15 Belgrave Terrace
Rathmines
Dublin 6
Tel: 353-1-497-6788

LIMERICK
Limerick Catholic Adoption Society
Unit 3
St. Camillus Hospital
Shelbourne Road
Limerick
Tel: 353-61-326677

SLIGO
St. Attracta's Adoption Society
St. Mary's
Sligo
Tel: 353-71-43058

ALL OF THE HEALTH BOARDS HAVE ADOPTION UNITS:
Eastern Health Board
Dr. Steeven's Hospital
Dublin 8
Tel: 353-1-679-0700
(Dublin Area)

Eastern Health Board
Poplar House
Poplar Square
Naas
Co. Kildare
Tel: 353-45-876-001
(Kildare and Wicklow)

Midland Health Board
Arden Road
Tullamore
Co. Offaly
Tel: 353-506-21868
(Offaly, Westmeath, Laois & Longford)

Mid-Western Health Board
Catherine St.
Limerick
Tel: 353-61-316655
(Limerick, Clare & Tipperary North Riding)

North-Eastern Health Board
Navan Road
Kells
Co. Meath
Tel: 353-46-40341
(Louth, Cavan, Meath & Monaghan)

North-Western Health Board
Park View House
Ballyshannon
Co. Donegal
Tel: 353-72-51888
(Donegal, Leitrim & Sligo)

South Eastern Health Board
Adoption Unit
32 The Mall
Waterford
Tel: 353-56-51702
(Waterford, Wexford, Carlow, Kilkenny & South Tipperary)

Southern Health Board
Cork Farm Center
Dennehys Cross
Cork
Tel: 353-21-545011
(Cork & Kerry)

Western Health Board
Merlin park Regional Hospital
Galway
Tel: 353-91-751131
(Galway, Roscommon & Mayo)

DOCTORS: The U.S. Embassy maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Ireland.

IRISH DOCUMENTARY REQUIREMENTS: If a couple is accepted by an adoption agency and has 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.

U.S. IMMIGRATION REQUIREMENTS

A Irish child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Immigration and Naturalization Service (INS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Dublin. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Dublin for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The adoptive or prospective adoptive parent must be an American citizen;

The child must be under the age of 16 at the time an I-600 Petition is filed with the INS on his or her behalf;

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;

If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;

The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by INS can be found on INS's web site at http://www.ins.usdoj.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Immigration and Naturalization Service (INS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Immigration and Naturalization Service (INS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Dublin .

Detailed information about filing these forms can be found on INS's web site at http://www.ins.usdoj.gov . Americans who have adopted or hope to adopt a child from Ireland should request, at the time they file these forms, that INS notify the U.S. Embassy in Dublin as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an INS office in the US.

II. The Orphan Investigation

One part of the petition process that INS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. A consular officer performs this investigation at the time of the child's immigrant visa interview.

IRISH EMBASSY IN THE UNITED STATES:
Embassy of Ireland
234 Massachusetts Avenue NW
Washington D.C. 20008
Tel: 202 462-3939/462-3940/462-3941

Ireland also has Consulates in New York City, New York; Boston, Massachusetts; Chicago, Illinois; San Francisco, California; and St. Louis, Missouri.

U.S. EMBASSY IN IRELAND:
U.S. Embassy of Ireland
42 Elgin Road
Ballsbridge
Dublin 4
Tel: 353-1-6688777
Fax: 353-1-6688056

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult INS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Ireland may be addressed to the Consular Section of the U.S. Embassy or in Ireland. You may also contact the Office of Children's Issues (CA/OCS/CI), 2201 C Street, N.W., SA-22, Room 2100, Washington, D.C. 20520-4818, tel: (202) 736-7000 with specific questions.

Information is also available 24 hours a day from several sources:
Telephone - Office of Children's Issues - Recorded information regarding changes in adoption procedures and general information, (202) 736-7000.- State Department Visa Office - Recorded information concerning immigrant visas for adoptive children, (202) 663-1225.- Immigration and Naturalization Service - Recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Automated fax - contains the full text of the office's international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.

Internet - The Consular Affairs web site, at: contains international adoption information flyers and the International Adoptions brochure.

Other information:

Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the internet web site, as above.

© July 2001