Dáil Éireann debate -
Tuesday, 16 Nov 1993

Vol. 435 No. 9

Written Answers. - Foreign Adoptions.

Eamon Gilmore

Question:

103 Mr. Gilmore asked the Minister for Health if his attention has been drawn to the fact that certain children adopted abroad are not recognised in this State as having been legally adopted, despite all legal procedures having been followed in the State of origin of the children concerned; if, in view of the distress and the legal difficulties created for such parents who have adopted the children in good faith, the steps, if any, he intends to take to deal with this problem; and if he will make a statement on the matter.

Minister for Health (Mr. Howlin)

The Adoption Act, 1991, provides a statutory framework for the recognition of adoptions effected in countries which operate a system of legal adoption similar to our own system. In cases where a foreign adoption effected in favour of Irish residents does not qualify for recognition under the 1991 Act, it is open to the adopters to apply to the Adoption Board for an Irish adoption order in respect of the child. In this context, I might mention that the Supreme Court ruled earlier this year that children born abroad of foreign parents and who are residing in the State come within the scope of the Adoption Act 1988. That Act permits, in exceptional cases, the adoption of children who have effectively been abandoned by their parents. The Supreme Court ruling should facilitate the adoption of some foreign children in the care of Irish residents.