Michael Creed
Question:262 Mr. Creed asked the Minister for Health and Children if he will introduce legislation to amend existing laws governing adoption; and if so, the type of changes which he envisages. [25544/00]
Written Answers. - Adoption Legislation.
Officials in my Department are currently working on two major pieces of adoption legislation, the Adoption Information Bill, and the Bill to ratify the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption.
Legislation is at an advanced stage in the area of adoption information. Currently access to birth information is restricted under section 22 of the Adoption Act, 1952, although tracing and reunion services are provided on a non-statutory basis by the Adoption Board, the health boards, registered adoption societies and some voluntary groups. This Bill will regulate on a statutory basis search and reunion services and will provide for information rights for adopted people, birth parents and other parties to the adoption. It is also proposed that this Bill will deal with access to records and the care and management of records held by the various agencies. I anticipate having the scheme of a Bill in this area to Government in the near future.
Ireland signed the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption in 1996 and work is also at an advanced stage on legislation to ratify the convention. This legislation will involve major and fundamental amendment of our inter-country adoption laws. The primary objectives of the con vention are to provide safeguards to prevent the abduction or the sale of children and to establish a system of co-operation amongst countries in order to ensure that intercountry adoptions take place in the best interest of the children concerned. A child-centred approach incorporating structures and procedures which accord with good practice in intercountry adoption is being taken into account in the preparation of this legislation. It is proposed that this legislation will deal with the following areas: the establishment of a central authority under the convention – this authority will co-operate with central authorities in other countries and will be responsible for carrying out or overseeing the procedures for inter-country adoption under the convention. It is proposed that the Adoption Board will be designated as our central authority under the legislation; the establishment of an accreditation system whereby competent bodies can be accredited by the central authority which may provide assessment services or mediation services for prospective adopters; criteria for eligibility to adopt including age limits for people wishing to adopt, and the issue of non-convention adoptions which is not covered by the actual provisions of the Hague Convention. It is not the intention to exclude any countries with which we already have agreements or working arrangements in place which uphold the spirit and principles of the convention.
Other areas include the preparation/assessment of applicants, the promotion of adoption counselling and post adoption services, the recognition of foreign adoptions, consents and the eligibility of children, the preservation of birth information on the child, appeals procedure and sanctions. I anticipate having the scheme of a Bill in this area to Government early in the new year.
Both adoption legislation measures will have far reaching consequences in terms of the rights to information and the regulation and funding of the tracing and reunion service and the regulation of inter-country adoption in the best interests of the children concerned. These legislative proposals are still under examination in my Department and final decisions have yet to be taken in relation to both Bills.