Adoption Legislation

Dáil Éireann Debate, Tuesday - 11 December 2012

Tuesday, 11 December 2012

Questions (433)

Charlie McConalogue

Question:

433. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs the position regarding prospective adoptive parents who have obtained a guardianship order in the country of origin and are now seeking to have the guardianship order upgraded to an adoption order under section 68 of the Adoption Act 2010; and if he will confirm that the costs in such a case would be paid by the Health Service Executive in view of the lack of clarity in section 68 regarding the person that should pay the costs of any such high court application. [55159/12]

Written answers

Minister for Children and Youth Affairs

I am advised by the Adoption Authority of Ireland that under Section 68 of the Adoption Act, 2010, there is a requirement for the Adoption Authority (AAI) to issue an Article 17 Placement Approval Notice prior to the foreign Guardianship Order being granted. If an Article 17 Notice has not been issued by the AAI, then Section 68 of the Act does not apply. Prospective adoptive parents resident in Ireland and having custody of a child for the purposes of adoption should contact their local HSE Regional Adoption Service and seek independent legal advice on their options. All prospective adoptive parents must hold a valid Section 40 Declaration of Eligibility and Suitability to Adopt before they can adopt in Ireland.

Question No. 434 answered with Question No. 432.