An Enniskillen mother who is waiting to adopt a child has discovered a discrepancy in the law which clearly discriminates in favour of mothers having children naturally and those who are adopting a child.
Clodagh and Andy Russell, have a seven-year-old birth daughter and have been foster parents for a number of years. About two years ago, the family decided to apply to adopt a child. They were accepted in December last year and are currently waiting for a child to be matched with them.
However, during the lengthy adoption process, Mrs Russell has discovered a discrepancy in the law regarding paid leave for birth mothers and adoptive parents.
In this 'Adoption Week' Mrs Russell explains: "When taking off work to have a birth child, people either receive Statutory Maternity Pay, if they have 26 weeks of continuous service with their employer, or Maternity Allowance if they do not.
"If an adoptive parent is in continuous employment for more than 26 weeks, then they are entitled to Statutory Adoption Pay. However, the problem arises when someone does not have 26 weeks continuous pay or they are self-employed.
NO EQUIVALENT
"In this case, there is no equivalent Maternity Allowance for adoptive parents taking time off work, so they will receive no pay during their leave around the time of the adoption."
Mrs Russell, through her MLA Tom Elliott, raised the issue with the Minister for Social Development, Margaret Ritchie, who, she reported, provided her with a 'very unsatisfactory' response.
Mrs Ritchie wrote: "At the time of the development of Statutory Adoption Pay, the introduction of any equivalent to Maternity Allowance for adopters was considered not to be economically viable due to the cost of administering such a scheme for a small number of cases.
"However," the Minister continued, "there is clear justification for Maternity Allowance which was designed specifically for the birth of a child. As you will appreciate, the particular health and safety concerns of pregnant and new mothers make it particularly important to enable them to take time off work in the weeks around the birth."
Mrs Russell explained she was unhappy with this response due to the difference the Minister is creating between 'birth mothers' and adoptive mothers.
ATTACHMENT
She explained there are clear guidelines about the need for adoptive parents to spend time with their new child, and that this, 'attachment period' in the first few weeks was essential for the child settling in to their new home.
By refusing to acknowledge this with an equivalent pay scheme similar to the Maternity Allowance, Mrs Russell feels that Minster Ritchie is clearly discriminating against those trying to adopt and has called for the Minister to rectify the situation.
She feels her case is strengthened because employers in England are encouraged to pay a sum equivalent to Maternity Allowance to adoptive parents who do not qualify for Statutory Adoption Pay. No such advice has been issued in Northern Ireland.
MLA Tom Elliott, explained this discrepancy created one further barrier for adopting parents who were trying to give a child a home.
He explained there was an ongoing review of adoption policy in Northern Ireland and said: "I am encouraging Minister Ritchie, to work with the Departments of Health and Education to ensure the issue is progressed in a way that encompasses all aspects of the system, not least the ambiguity surrounding the matter of financial support available for adoptive parents."
