Robert Troy
Question:82. Deputy Robert Troy asked the Minister for Children and Youth Affairs her plans for dealing with the ongoing issues relating to Russian adoptions; and if she will make a statement on the matter. [53850/13]
View answerTuesday, 17 December 2013
Questions (82, 98)
Caoimhghín Ó Caoláin
Question:98. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if she will provide assurances that the families seeking to adopt in Russia, who have been affected by a conflict in Irish and Russian law will be dealt with before years end; her plans to provide a solution for those affected; if retrospectively amending the Adoption Act 2010 forms part of this; and if she will make a statement on the matter. [53805/13]
View answerWritten answers
I propose to take Questions Nos. 82 and 98 together.
One particular concern that has coincided with the expiry of the transitional provisions provided for in Section 63 of the Adoption Act 2010, is the position of a small number of applicants who were at a late stage in adopting from Russia when changes to Russian legislation were enacted which meant that they were unable to complete the adoption of identified children before 31 October, 2013. I have been contacted by four sets of prospective adopters who were affected by this change and who sought my assistance in this regard. Since this situation arose in July 2013 I have undertaken diplomatic and political efforts to resolve the situation.
However it is obvious to me that in order that these adoptions, which were stopped by this change in Russian law, could continue an amendment to the Adoption Act, 2010, would be necessary to extend the validity of the declarations of eligibility and suitability. As the Adoption Act, 2010, 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 Act had to be carefully examined before the Government is in a position to consider any proposed amendment of the legislation. My Department has worked with the Office of the Attorney General to produce amending legislation that resolves the situation within the parameters of Irish law and our obligations under the Hague Convention. The legislation proposes an amendment to the Adoption Act to extend the period of eligibility and suitability to allow those affected by the change in Russian legislation further time to complete their adoptions,
Earlier today I sought the approval of the Government for the publication and presentation to Dail Éireann on Thursday 19 December 2013 of the text of the Adoption (Amendment) Bill, 2013, in order to address the small number of cases affected by the change in Russian adoption legislation. I have received very strong requests from across the House to bring forward such a proposal and I hope the necessary amendment will receive the support of my opposition colleagues.