Dáil Éireann Debate, Thursday - 25 April 2013
198. Deputy Michael McGrath asked the Minister for Children and Youth Affairs the reason in the context of intercountry adoption, that a declaration of suitability is only valid for a period of two years; if her attention has been drawn to the fact that in many cases this period is insufficient to complete an adoption; and if she will make a statement on the matter. [19590/13]
View answerThe 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. I understand that at the time of drafting of the legislation it was felt that this provided an adequate period following the initial assessment of applicants to complete an adoption. Given the changing landscape of intercountry adoption, this may no longer be the case. I am currently examining a number of proposals in relation to amendments to the Adoption Act, 2010. I intend to bring forward any changes to the legislation in conjunction with the draft Adoption (Information and Tracing) Bill 2013, which I propose to bring before the Oireachtas in the coming months. However, any change to the length of validity of a declaration must be weighed up against the necessity to ensure that an applicant's current situation in relation to their suitability to adopt is taken in to account in the adoption process.
