Dáil Éireann debate -
Tuesday, 21 Apr 1998

Vol. 489 No. 6

Written Answers. - Foreign Adoptions.

Thomas P. Broughan

Question:

376 Mr. Broughan asked the Minister for Health and Children the total cost incurred by his Department for each of the years since the introduction of the Adoption Act, 1991, to date in 1998, detailing legal costs, translator costs, travel costs, ministerial travel costs and research costs; the number of departmental officials involved in the setting up of all subsequent international adoption agreements to date in 1998; and if he will make a statement on the matter. [8666/98]

Thomas P. Broughan

Question:

377 Mr. Broughan asked the Minister for Health and Children the level of payment acceptable for prospective Irish adoptive parents to pay in a transaction to return to this country with a child under an accepted international adoption agreement; and if he will make a statement on the matter. [8668/98]

Thomas P. Broughan

Question:

379 Mr. Broughan asked the Minister for Health and Children the level of payment acceptable for prospective Irish adoptive parents to pay in a transaction to return to this country with a child under an accepted international adoption agreement; the current permitted figure for payments for children under criminal legislation; his views on whether this situation warrants any new legislation; and if he will make a statement on the matter. [8672/98]

Thomas P. Broughan

Question:

391 Mr. Broughan asked the Minister for Health and Children the number of adoption orders granted to date in 1998 in relation to children born outside the Republic of Ireland since the enactment of the Adoption Act, 1952; and if he will give a yearly breakdown of these figures indicting the country of origin. [8652/98]

Thomas P. Broughan

Question:

392 Mr. Broughan asked the Minister for Health and Children the total cost per year to date, incurred by his Department, the Adoption Board and all the health boards since the introduction of the Adoption Act, 1991, detailing legal, translator, travel, ministerial travel and research costs; and the number of departmental officials involved in the setting up of all the subsequent international adoption agreements to date. [8653/98]

Thomas P. Broughan

Question:

393 Mr. Broughan asked the Minister for Health and Children the total cost incurred for each of the years from 1991 to date by his Department, the Adoption Board and all the health boards by providing assessments to prospective adoptive parents intending to adopt internationally; and if he will make a statement on the matter. [8654/98]

Thomas P. Broughan

Question:

394 Mr. Broughan asked the Minister for Health and Children the total amount of resources allocated by his Department, the Adoption Board and all the health boards for research, independent or otherwise, into the long-term impact on children who are the subject of international adoption prior to the introduction of the Adoption Act, 1991; the way in which the public may access the results of this research; and if he will make a statement on the matter. [8655/98]

Thomas P. Broughan

Question:

395 Mr. Broughan asked the Minister for Health and Children the total amount of resources allocated by his Department, the Adoption Board and all the health boards for research, independent or otherwise, into the long-term effects on children who are the subject of international adoption after the introduction of the Adoption Act, 1991; the way in which the public may access the results of this research; and if he will make a statement on the matter. [8656/98]

Thomas P. Broughan

Question:

396 Mr. Broughan asked the Minister for Health and Children if he has satisfied himself that children brought into this country under international adoption agreements are not the subject of child trafficking for reward; and if he will make a statement on the matter. [8657/98]

Thomas P. Broughan

Question:

397 Mr. Broughan asked the Minister for Health and Children if he has satisfied himself that all adoption orders granted by the Adoption Board in relation to inter-country adoptions comply with the UN Convention on the Rights of the Child; and if he will make a statement on the matter. [8658/98]

Thomas P. Broughan

Question:

398 Mr. Broughan asked the Minister for Health and Children the amount of adoption placement breakdowns after an adoption order was granted relating to children of international origin; the countries of origin; the reasons for the breakdown; the numbers per year; the costs to his Department and the health boards; the length of time the children spent in care; the number of children returned to their country of origin; the number currently in care; and if he will make a statement on the matter. [8659/98]

Thomas P. Broughan

Question:

399 Mr. Broughan asked the Minister for Health and Children the number of the children adopted from Romania since 1991 to date which were mentally or physically handicapped. [8660/98]

Thomas P. Broughan

Question:

400 Mr. Broughan asked the Minister for Health and Children the average age and sex of children brought into this country under international adoption agreements. [8661/98]

Thomas P. Broughan

Question:

401 Mr. Broughan asked the Minister for Health and Children the total amount of resources allocated for each of the years from 1991 to date by his Department, the Adoption Board and all the health boards to provide post adoption search, reunion services and research; and if he will make a statement on the matter. [8662/98]

Thomas P. Broughan

Question:

404 Mr. Broughan asked the Minister for Health and Children the plans, if any, he has to introduce legislation to provide for direct State to State inter country adoptions, thereby eliminating third party facilitators. [8665/98]

Minister of State at the Departmet of Health and Children (Mr. Fahey)

I propose to take Questions Nos. 376, 377, 379, 391 to 401, inclusive, and 404 together.

Details concerning adopted children whether born in Ireland or abroad are contained in the Adopted Children Register and the Register of Foreign Adoptions. The content of these registers is confidential and access to the information contained in them is restricted under section 22 of the Adoption Act, and section 8 of the Adoption Act, 1976. Decisions regarding such access are a matter for the Adoptoin Board and must be taken in accordance with the best interests of the child. Accordingly I am not in a position to supply the statistical information regarding children adopted abroad requested by the Deputy. General statistical information regarding adoptions is published in the Adoption Board's annual reports.

I would point out that the Adoption Board does not maintain any information on the health status of children adopted from any country, nor does it maintain information on cases where children adopted from abroad were subsequently placed in care. While my Department collects statistics on children in care, it does not collect any information on whether or not these children's parents are adoptive or natural parents. One must bear in mind that children adopted abroad are full Irish citizens and they and their families enjoy the same constitutional and legal rights as other Irish citizens. Children adopted from abroad who are not receiving adequate care and protection within their adoptive families are entitled to the same child care and family support services as is any other child under the Child Care Act, 1991.

The Deputy has raised the issue of payments with regard to inter-country adoption agreements. The only country with which Ireland has concluded an adoption agreement is Romania. Ireland initially signed an agreement with Romania in 1994 and I signed a new agreement with Romania at the request of the Romanian adoption authorities last February. The agreement is based on the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption, 1993, and stipulates that any agencies involved in the adoption process must pursue non-profit objectives.

It is recognised that the issue of child trafficking in international adoption is one that can only be tackled effectively by co-operation between the authorities in the country of origin and those in the receiving country. The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993, provides a framework for such co-operation. Ireland signed the convention in June 1996 and amending legislation to our Adoption Acts will be required before we can ratify the convention. I would consider that ratification of the Hague Convention is the most effective means by which Ireland can ensure that inter-country adoption is carried out with regard to the best interests of the children concerned. The convention operates on the basis of direct contact between the adoption authorities in the country of origin and in the receiving country.

The Hague Convention takes account of the principles of the UN Convention on the Rights of the Child and I believe that the inter-country co-operation provided for under the Hague Convention provides the best mechanism for compliance with the UN Convention as regards inter-country adoption. As regards inter-country adoption at present I would point out that it is a requirement of the Adoption Act, 1991, that a foreign adoption must have essentially the same legal effect as respects the termination and creation of parental rights and duties with respect to the child as an Irish adoption order. The UN Committee on the Rights of the Child in Geneva which considered Ireland's First National Report under the Convention in January encouraged the State to consider ratifying the Hague Convention, but voiced no criticism of Ireland's adoption law.

Work on the adoption agreements with Romania was carried out by my staff and staff in the Adoption Board as a normal and integral part of their general duties with regard to adoption and it is not possible to detail the costs involved separately. The health boards were not involved in the drawing up of these agreements.

Health boards carry out assessments on prospective adopters and provide post-adoption tracing services within the context of their overall adoption and child care services. They also provide funding to registered adoption societies and a portion of this funding goes to post adoption tracing. Registered adoption societies may also carry out assessments on prospective foreign adopters. The Adoption Board also provides post-adoption tracing services. It does not carry out assessments on prospective foreign adopters: its role is to decide whether or not such persons should be given a declaration of eligibility and suitability to adopt having regard to an assessment report from a health board or registered adoption society. It is not the function of the Department of Health and Children to carry out either of the above functions directly; rather it provides funding to the Adoption Board and the health boards so that they can perform them. Department funds are provided so that the Adoption Board and the health boards can carry out their general legislative responsibilities with regard to adoption and the costs of the provision of the above services are not detailed separately.

Neither my Department not the Adoption Board has carried out any research into the long-term effects of inter-country adoption. I am not aware of any such research carried out by a health board.