Dáil Éireann debate -
Wednesday, 6 Jun 1990

Vol. 399 No. 7

Written Answers. - Adoption Legislation.

Joe Sherlock

Question:

4 Mr. Sherlock asked the Minister for Health if it is his intention to change the law requiring couples, who have adopted a child in another country in accordance with the laws of that country, to also apply to adopt the child under Irish law; and if he will make a statement on the matter.

Minister for Health (Dr. O'Hanlon)

There is no legal obligation on persons who have adopted a child abroad to have the child adopted under Irish law. However, some foreign countries attach a condition to their adoption decrees that the child be adopted under the laws of his "adopted" country. In other cases, the adopters themselves seek to have the child adopted under Irish law so as to avoid any future difficulties about their parental rights in relation to the child.

In either case, the adoption application must be processed in accordance with the usual requirements of the Adoption Acts. There are no special legal provisions in relation to children adopted abroad nor are there any statutory procedures for the automatic recognition of foreign adoptions. I am advised that unless the child is adopted under our own legislation, an adoption effected abroad will only be recognised by the courts here if the adopters were domiciled in the country where the adoption was made at the time of its making.

I believe that it would be desirable to introduce a greater degree of certainty in this area by setting out in legislation the circumstances in which adoptions made abroad would be recognised here. This is not an easy area in which to legislate involving as it does complex questions of private international law. The Law Reform Commission have undertaken a study in this area and published their "Report on the Recognition of Foreign Adoption Decrees" in May 1989. Their main recommendation is that legislation should be enacted giving the Minister for Health power to designate countries whose adoption orders would be recognised in Ireland. I would have to emphasise, however, that even if the commission's recommendations were implemented they would not provide for the recognition of orders where the adopters were neither domiciled nor resident for any significant period of time in the country where the adoption was effected as, for example, is the case in relation to recent adoptions by Irish people in Romania.

It is generally acknowledged that the question of inter-country adoption can only be dealt with at an international level. The Hague Conference on Private International Law has arranged a conference on inter-country adoption in the Hague from 11-12 June 1990 with a view to developing an agreed international approach to the question. The conference will be attended by delegates from countries around the world and representatives of my Department and of the Law Reform Commission will also be in attendance.