Dáil Éireann Debate, Tuesday - 17 June 2014
795. Deputy Michael McGrath asked the Minister for Children and Youth Affairs the progress that has been made in putting transitional arrangements in place for prospective adoptive parents who are at risk of being aged out of the system while waiting for the accredited agency to be fully operational; and if he will make a statement on the matter. [25738/14]
View answerThe Adoption Act, 2010, does not prescribe an age limit for adoption. However, it is a matter for each sovereign State to decide the manner in which they choose to implement the Hague Convention, including any restrictions in relation to age, having regard to the principles of the Convention. The decision to deem a person suitable and eligible to adopt is a matter for the Adoption Authority of Ireland and is taken under criteria outlined in Section 34 of the Adoption Act, 2010. These criteria include that an applicant or applicants be of good health and of an age so that he or she has a reasonable expectation of being capable throughout the child's childhood of providing the necessary health, social, educational and other interventions for the child, and having financial means to support the child.
The 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. 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 into account in the adoption process.
