Dáil Éireann Debate, Tuesday - 6 March 2012
471 Deputy Michael McCarthy asked the Minister for Children and Youth Affairs if she will list the countries the Adoption Authority of Ireland is issuing declarations for in view of a notice on the organisation’s website dated 22 February 2012 which advises that the AAI will not accept declaration of eligibility and suitability applications or issue new declarations for India until further notice; and if she will make a statement on the matter. [12376/12]
View answer476 Deputy John Browne asked the Minister for Children and Youth Affairs the reason for the delay in approving an inter-country adoption application in respect of a family (details supplied) in County Wexford who wish to adopt a child from India; and if she will make a statement on the matter. [12613/12]
View answerI propose to take Questions Nos. 471 and 476 together.
The Adoption Authority is an independent statutory body charged with implementing the Adoption Act 2010. The Authority has responsibility for the direct operational implementation of legislation and Government policy. Information relating to inter-country adoption from specific countries can be obtained from the Adoption Authority and is posted on the AAI website (www.aai.gov.ie). The adoption of a child or children from another jurisdiction is in the first instance subject to the views, rules and arrangements of the country of origin. The AAI notices reflect the information available to it on the current situation at any point in time.
On 17 February 2012 the AAI posted on its website a notice relating to inter-country adoptions from India, which is a signatory to the Hague Convention. The notice stated that the Authority was notified on 1 July 2011 by the Indian National Central Authority, CARA, that it would not be accepting dossiers from Irish applicants either until 30 September 2011 or until further notice. CARA has not been in touch with the AAI since that date. It has since come to the attention of the AAI that CARA proposes to introduce a new computerised system of online dossier registration which would appear essentially to present many features of a monthly "lottery" type process. To date, CARA has not invited the AAI to participate in such a scheme. Should CARA invite Ireland/AAI to participate in a new inter-country adoption scheme, the invitation will be given careful consideration by the Board of the AAI, taking into account advice from relevant bodies including the Permanent Bureau of the Hague Conference. The AAI has advised that it is proposing to send a delegation to India to discuss administrative matters relating to inter-country adoption between our two countries.
Adoptions between Ireland and India must comply with the terms and conditions of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption. The role of the respective National Central Authorities is critical to this process. There is no role in the process for individual ‘facilitators' to secure referrals and to process adoptions. In this context, the AAI advises that prospective adopters should not proceed with non-Hague Convention adoptions from India.
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.
With effect from 1 November 2010, intercountry adoptions can be effected with other countries which have ratified the Hague Convention or with which Ireland has a bilateral agreement. Ireland currently has no bilateral agreements in respect of intercountry adoption. As the Hague Convention is designed to ensure a minimum set of standards in intercountry adoption, it is appropriate that the immediate priority for the Adoption Authority on reaching agreements on arrangements with other Hague countries. The AAI are in the process of developing administrative arrangements with a number of countries which are signatories to the Hague Convention.
