Dáil Éireann díospóireacht -
Tuesday, 22 May 1990

Vol. 398 No. 10

Written Answers. - Adoption of Romanian Children.

Nora Owen

Ceist:

205 Mrs. Owen asked the Minister for Health the position regarding the adoption of Romanian babies by Irish parents, as there is a grave risk that great hardship and heartbreak could occur if the proper rules are not complied with; and if he will make a statement on the matter.

Minister for Health (Dr. O'Hanlon)

I am aware of the tremendous interest that has been generated in the adoption of children from Romania and I share the Deputy's concern that the matter be approached with caution and sensitivity.

There is nothing in Irish law to prevent Irish people going abroad to adopt. The first essential for persons wishing to adopt from abroad is to satisfy the requirements of the foreign country. While adoption law varies from country to country, most countries require a home study report i.e. an assessment of the prospective adopters suitability undertaken by an appropriate agency in their home country. I understand that the Romanian authorities require such reports.

While the registered adoption societies and health boards undertake assessments of persons wishing to adopt in Ireland, they have no specific role in adoptions outside the State. It is a matter for each adoption society to decide whether to undertake home study reports for foreign adoptions as there is no obligation on them to do so. I understand that some of the societies have decided not to become involved in this work. As regards the health boards, there is a question mark over their authority to deal with foreign adoptions but, in any event, their social work staffs have a heavy workload already and they could not take on additional work in this area.

Where, however, an adoption society decides to undertake home study reports for foreign adoptions, the adoption board expects that the standard of assessment would be the same as if the persons were being considered for the adoption of an Irish child. The board is concerned to ensure that foreign children are not regarded as second class children and has made the point that they require adoptive parents with skills and qualities above the ordinary. I have to say that I agree entirely with the adoption board on this.

I understand from the Department of Justice that the position with regard to bringing a child into the State is that a child under the age of 16 years adopted abroad by Irish citizens does not require a visa to enter the State and would in the ordinary way be admitted provided he/she is travelling in the company of his/her adoptive parents and the parents are in possession of the foreign adoption papers and a passport in respect of the child for presentation to the immigration officer at the port of entry.

On arrival home, there is no requirement under Irish law that the child be adopted here. However, some foreign countries attach a condition to that effect to their adoption decree. In other cases, the adopters themselves seek to have the child adopted under domestic law so as to avoid any future difficulties about their parental rights in relation to the child. This is because there is no statutory procedure yet in place here for the recognition of adoption orders made abroad. I am advised that an adoption order made abroad is entitled to recognition here only if the adopters were domiciled in the foreign country at the time the order was made. This would not be the situation in relation to Irish people going abroad to Romania or elsewhere for the sole purpose of adoption.

Where an application is made to adopt under Irish legislation, the adoption board must process the application in accordance with the usual requirements of the Adoption Acts. The same consent procedures apply irrespective of the nationality of the child. The natural mother or guardian of the child must give consent to the making of an adoption order under Irish law in the prescribed form and must also complete a questionnaire with a person authorised by the adoption board.

The question of the child's eligibility for adoption under Irish law may also arise. Generally, a child may only be adopted here if he/she is an orphan or was born outside marriage.

The adoption of children outside these categories is governed by the Adoption Acts, 1988. This permits in limited circumstances the adoption of children whose parents are deemed by the courts to have failed in their constitutional duty to care for them. It appears from reports that some of the children being offered for adoption in Romania are neither orphans nor were they born outside marriage. It is uncertain whether such children can be adopted under the 1988 Act and the question will not be clarified until it comes before the courts for decision in a particular case.

I hope that this clarifies the position for the Deputy and I would urge persons thinking of adopting abroad to carefully consider the life-long implications for themselves and the children involved before entering into any firm arrangements.