Dáil Éireann Debate, Tuesday - 16 July 2013
1013. Deputy John Lyons asked the Minister for Children and Youth Affairs when she intends to address through legislation the issue of adoptive parents having to get a guardian's order for adoptions from certain countries after 12 months; if this consent issue can be addressed at an earlier stage without this cost; and if she will make a statement on the matter. [34326/13]
View answerThe responsibility for the registration of intercountry adoptions is a matter for the Adoption Authority of Ireland (AAI), an independent quasi-judicial entity established under the Adoption Act 2010. It is a matter for the AAI to ensure that all adoptions are made in accordance with the provisions of the Adoption Act 2010. Accordingly, as Minister, it is not open to me to intervene in individual cases.
The Authority have advised me that the Deputy query concerns inter country adoption with the Republic of the Philippines. The Philippines does not grant intercountry adoption to prospective adoptive parents residing in Ireland. Prospective adoptive parents who chose the Philippines as their country of origin are advised to seek independent legal advice prior to deciding to do so. There are a number of complex legal and constitutional issues to be considered. Prospective adoptive parents have in the past applied for and been granted Guardianship Orders in respect of children that they then bring to Ireland for the purposes of adoption in Ireland under Irish legislation.
Issues which then arise are:
1. The placement of the child may be contrary to Irish legislation (i.e. it may be considered a ‘private’ placement).
2. The Adoption Authority of Ireland is obliged to notify and consult with the natural father, details of whom are routinely not available to prospective adoptive parents.
3. Prospective adoptive parents can rarely, if ever, secure the statutory consents required for under Irish legislation.
In consideration of the above, applications for domestic Adoption Order for child born brought in from the Philippines invariably end up in the High Court at considerable cost to the Health Service Executive.
Correspondence from the Health Service Executive, on 1 July 2013 states
In relation to placements of children from the Philippines, it is unreasonable and unsustainable that the Health Service Executive should have to fund High Court pplications for the dispensing of parental consents. It is our intention from now on to make it clear at information meetings that there is no guarantee that the Health Service Executive will meet this cost in the future. The Health Service Executive will meet the cost of any current application that commenced prior to the making of this decision.
Prospective adoptive parents proposing to adopt from the Philippines should contact their local Health Service Executive Regional Adoption Service to discuss this important issue. Those already in the process of adopting from the Philippines should direct their enquires to the HSE.
