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Adoption Services Provision

Dáil Éireann Debate, Tuesday - 15 October 2013

Tuesday, 15 October 2013

Questions (373, 378)

Gerald Nash

Question:

373. Deputy Gerald Nash asked the Minister for Children and Youth Affairs if she will consider amending section 41 of the Adoption Act 2010 in view of the distressing situation in which a number of young families intending to adopt children from Russia find themselves, who have pre-2010 declarations and who were in the process with the relevant authorities of bringing matters to a conclusion before 31 October; and if she will make a statement on the matter. [43048/13]

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Caoimhghín Ó Caoláin

Question:

378. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs her plans to resolve the situation which sees a number of prospective Irish adopters prevented from adopting children in Russia due to recent protocol changes in that country; the measures which will be taken before the end of October 2013; and if she will make a statement on the matter. [43501/13]

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Written answers

I propose to take Questions Nos. 373 and 378 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. The issue that has arisen is that the changes introduced by the Russian authorities mean that a small number of Irish applicants will not be able to conclude their adoption of a Russian child by the 31st October 2013. 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 those affected.

In an effort to assist I have been using diplomatic channels to seek solutions for the applicants involved. These diplomatic channels were used to fully outline the difficult situation these applicants have been put in following the change in Russian procedures and to explore possible solutions. However, despite initial positive soundings from all those canvassed, when the Irish Ambassador in Moscow met Mr Vladimir Kabanov, Deputy Head of the Department for Children’s Rights at the Ministry for Education and Science he was informed that the amendment to the law applies to all cases that had not applied to the Court to finalise their adoptions by the date of 2 July 2013. In saying that it was agreed that the Ministry for Education and Science will verify the status of the Irish families in the Russian adoption system The Embassy is assisting in this process.

Therefore it is apparent that the Russian Authorities will not move to address the difficulties faced by these Irish applicants due to the amendments to the Russian legislation. As I have previously indicated I have received representations that include a proposal to amend 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. These legislative issues are receiving consideration by my Department.

I have also arranged to meet applicants affected by this situation later this week to update them on the situation.

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