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Foreign Adoptions

Dáil Éireann Debate, Wednesday - 18 April 2012

Wednesday, 18 April 2012

Questions (1150, 1151, 1152)

Jonathan O'Brien

Question:

1166 Deputy Jonathan O’Brien asked the Minister for Children and Youth Affairs the number of persons here currently engaged in the process of attempting to adopt children from India; the date on which the meeting between CARA and the Adoption Authority of Ireland will take place; if she will ensure that the AAI keeps these prospective parents informed of the ongoing dialogue with CARA; and if she will make a statement on the matter. [18396/12]

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Written answers

The Adoption Authority of Ireland 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.

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 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.

I understand from the AAI that the Indian Authorities have recently reviewed and introduced changes to their intercountry adoption system. The AAI has contacted CARA, the Indian Central Authority for intercountry adoptions, to clarify the position in this regard and will continue to provide updates on its website as appropriate. My officials are working with the AAI and liaising with the Department of Foreign Affairs in respect of the matter. Further, the AAI has indicated its intention to visit India as a priority to meet with CARA to discuss matters relating to adoption between the two countries.

Jonathan O'Brien

Question:

1167 Deputy Jonathan O’Brien asked the Minister for Children and Youth Affairs if her attention has been drawn to the fact that persons who are engaged in inter-country adoption processes and who have received declarations of suitability and eligibility, will have their declarations expire at the end of October; the number of persons whose declarations expire in October; the date on which the Adoption Authority of Ireland will make an announcement on renewing or extending these declarations; and if she will make a statement on the matter. [18397/12]

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Maureen O'Sullivan

Question:

1169 Deputy Maureen O’Sullivan asked the Minister for Children and Youth Affairs if she will address the adoptions that require more than the three year period from declaration to finalisation of the adoption even with the one year extension for renewal of declarations; the purpose of the one year extension of the Pre-Hague declarations for couples who are already deemed suitable for adoption; the role the Health Service Executive will have in the reassessment of prospective adopting couples; and if she will make a statement on the matter. [18449/12]

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I propose to take Questions Nos. 1167 and 1169 together.

The expiration of declarations is covered under Section 41(1) of the Adoption Act 2010. The section provides that a declaration of eligibility and suitability expires after 24 months from the date of issuance of the declaration or after a further period of not more than 12 months that the Adoption Authority may specify. The legislation does not make provision for any further extension of declarations. In the event that declarations lapse under the provisions of the legislation the Adoption Authority of Ireland and the HSE will have responsibility for determining the most appropriate approach to the issue of suitability to adopt. I will be guided by their advice in this regard and I have raised the matter with them for clarification.

The Adoption Authority launched an online notification and application system on its website on 13 April 2012. This will allow prospective adoptive parents to apply to the Authority for an extension to their Declaration of Eligibility and Suitability in sufficient time before the expiry date of 31 October 2012. Prospective adoptive parents who may not have access to the internet can avail of alternative arrangements, which are outlined on the website.

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