I propose to take Questions Nos. 1250 to 1253, inclusive, 1258, 1262 and 1267 together.
I have the utmost concern for the position that the prospective adopters who were close to finalising adoptions from Russia now find themselves in following the recent changes to the Russian adoption process. I have received a large volume of representations on behalf of the applicants involved and I and my officials have actively been trying to assist the small number affected. To this end I asked the Irish Embassy in Moscow to contact the Russian authorities for information on the legislative changes that occurred in Russia. The Ministry of Education and Science of the Russian Federation has confirmed to the Irish Embassy that new legislation came into force on 3rd July 2013 which requires a child to be on the national adoption database for twelve months before that child is deemed eligible for intercountry adoption and may be placed on an international adoption database. The previous period was eight months.
The Adoption Act, 2010, provides for adoptions from countries that have ratified the Hague Convention on adoption and from countries where there is a bilateral agreement in place. During the drafting of the Act a considered and detailed transitional process to deal with the change from previous legislation to the new Act was put in place. The transitional measure contained in Section 63 of the Adoption Act, 2010, allows applicants with a valid declaration of eligibility and suitability to adopt who had commenced the adoption process at the time of the commencement of the Act to continue with that adoption, from a non-Hague, non-bilateral country. Such applicants were thus afforded an additional three year period to complete these particular adoptions from non-Hague countries, and must complete the process by the 31st October 2013.
Firstly I have been using diplomatic channels to seek solutions for the applicants involved. To this end I wrote to the Tánaiste and Minister for Foreign Affairs and Trade to request that the Irish Ambassador to the Russian Federation contact the relevant Russian authorities to outline the difficult situation these applicants have been put in following the change in Russian procedures and to explore possible solutions. The Irish Ambassador to Russia met with the Deputy Foreign Minister Titov in Moscow on 10th September 2013 and outlined the position and noted our desire for a degree of flexibility in relation to the implementation of the changes recently introduced, which has affected a small number of Irish applicants who were at an advanced stage in the adoption process.
I have also recently met with the Embassy Attaché from the Russian Embassy to Dublin who was representing the Russian Ambassador to highlight the current difficulties the sudden change in Russian legislation has created. This meeting was positive and the Attaché indicated that officials from the Ministry of Education in Moscow are aware of the issues and are examining them closely.
In conjunction with the diplomatic efforts being made through various channels, I am exploring the possibility of amending the Adoption Act, 2010 to address this situation. As the Act is drafted on the basis of the incorporation of the Hague Convention and the minimum set of standards outlined therein, the implications of amending the Adoption Act, 2010 must be carefully examined.