In accordance with the Adoption Act, 2010, which came into effect on 1 November 2010, intercountry adoptions can be effected with other countries which have ratified the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption or with which Ireland has a bilateral agreement. Ireland currently has no bilateral agreements in respect of intercountry adoption.
The Hague Convention is a co-operative agreement drawn up to allow countries to mutually support one another in protecting the best interests of children in the intercountry adoption process. It is designed in such a way as to allow for mirrored mechanisms and structures to mutually assure countries of the safety and standard of intercountry adoptions in those countries. The Adoption Authority of Ireland (AAI) performs the function of a Central Authority under the Adoption Act, 2010, in accordance with the Convention. In choosing to deal primarily with Hague countries, the AAI has the mechanism to work collaboratively with equivalent structures in that country. Each Central Authority has the responsibility to oversee standards in respect of those parts of the process taking place within their respective jurisdictions. This mutual arrangement is designed to give the AAI, the Government and, most importantly, those involved in the adoption process assurance as to the standards being set and the oversight of the system.
It is not realistic that the Government, or the AAI, could regulate activities relating to the adoption process outside of these State-to-State arrangements. Nor would it be possible for the AAI to work on a case by case basis to oversee individual adoptions extra-jurisdictionally as they are being effected. A system whereby the AAI considered whether adoptions are compliant with the required standards after they have been effected would be unfair both to the children and prospective adoptive parents involved. It leaves open the possibility of adoptions being unrecognised which is contrary to the best interests of the child. The role of the Central Authority in the sending country is therefore critical to the process of national assurance.
The Adoption Authority of Ireland (AAI) has indicated that its immediate priority is the development of administrative arrangements with other countries which have ratified the Hague Convention. In this context, the AAI is currently developing administrative arrangements with a number of countries which are signatories to the Convention.
With regard to non-Hague countries, a number of adoptions are being processed under transitional arrangements provided for in the Adoption Act, 2010. Such adoptions may take place up to the end of 2013. An official delegation from Ireland recently visited Russia and held exploratory meetings with authorities there regarding the potential for a bilateral agreement. I am awaiting an assessment from the AAI which will inform the next steps in relation to this matter. In addition, I have recently given the AAI approval to commence the process of examining the feasibility of a bilateral agreement with Ethiopia. Any future bilateral arrangements which might be entered into would be required by law to meet the minimum standards set out in the Hague Convention.