Dan Neville
Question:578 Mr. Neville asked the Minister for Health and Children when new legislation on adoption will be introduced; and the details of same. [1306/01]
Written Answers. - Proposed Legislation.
Officials in my Department are currently working on two major pieces of adoption legislation, (1) the adoption information Bill, and (2) the Bill to ratify the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption.
(1) 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.
(2) 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 convention are to provide safeguards to prevent the abduction or the sale of children and to establish a system of co-operation among countries in order to ensure that inter-country 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 inter-country 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;
detailed provisions on the implementation of the Hague Convention including the establishment of an accreditation system for bodies proposing to provide adoption services for prospective adopters;
some general provisions governing the regulation of inter-country adoption from both "convention" and "non-convention" countries including the preparation/assessment of applicants, the preservation of birth information on the child, the promotion of adoption counselling and post adoption services, the recognition of adoptions (not covered under current legislation) and restrictions on inter-country adoptions from "non-convention" countries.
The issue of non-convention adoptions is not covered within the convention itself. While 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, events of the last week have emphasised the importance of greater regulation in this area. I anticipate hav ing the scheme of a Bill in this area to Government shortly.