The 1998 Adoption Act, which supersedes previous Acts dating from 1952 and 1991, lays down strict guidelines concerning the adoption of a child.
Specifically, it effectively outlaws private adoptions, except by a close relative of the child. It also lays down stringent regulations for consultation with the child's father before an adoption can be proceeded with.
The Act begins by defining an "adoption agency" as either a registered adoption society or a health board.
According to the Adoption Board, which administers adoption applications, the registered adoption societies placing children in Dublin are Cunamh, the Jewish Agency for Adoption and Fostering, the Protestant Adoption Society, The Rotunda Girls Aid Society, the St Louise Adoption Society (run by the EHB), St Patrick's Guild and St Brigid's Adoption Society.
Outside Dublin, the health boards have adoption departments, and St Anne's in Cork, St Catherine's in Ennis, St Mura's in Letterkenny, Clann in the regional hospital in Galway and St Attracta's in Sligo are all registered for placing children.
Under the 1998 Act, the father of a child may notify the board of his wish to be consulted about any proposal for the adoption of his child. This notification is then forwarded to the adoption agency.
If the proposal for adoption originates with the agency, it must, if it knows the identity of the father, "take such steps as are reasonably practicable" to consult him about the adoption and find out if he has any objections.
If the agency is unable to contact the father, it must inform the board in writing to that effect. If the identity of the father is unknown to the agency, it must counsel the mother to obtain her co-operation in contacting him.
It is laid down in the Act that the agency must inform her that her refusal may hold up the adoption, may lay the adoption open to legal challenge by the father at a later date, and that the absence of information about the father may affect the future health and welfare of the child.
If she continues to refuse to reveal his name, the board must again be contacted by the agency in writing.
Referring to private adoptions, the Act says only a parent can give a child for adoption to another person, and only if that other person is a relative of the child.
A "relative" is defined as a parent, the spouse of a parent, a grandparent, brother, sister, uncle or aunt of the child.
Contravention of this part of the Act can lead to a fine of £1,500, imprisonment for 12 months or both.