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Dáil Éireann díospóireacht -
Thursday, 1 Apr 1993

Vol. 429 No. 1

Written Answers. - Foreign Adoptions.

Liz McManus

Ceist:

102 Ms. McManus asked the Minister for Health if, in view of a recent Supreme Court decision in relation to adoption, he will introduce legislation to deal with the hardship being caused to the small number of parents who are unable to adopt their children of foreign origin; and if he will make a statement on the matter.

I presume the Deputy is referring to a recent ruling by the Supreme Court that children born abroad of foreign parents and who are residing in the State come within the scope of the Adoption Act 1988. That Act permits in exceptional cases the adoption of children who have effectively been abandoned by their parents. The need for new legislation does not arise in the light of the Supreme Court ruling as it should in fact facilitate the adoption of some foreign children in the care of Irish residents.

The Adoption Act 1991 sets out a number of mechanisms for the recognition of adoptions effected abroad in favour of Irish residents. A central requirement for recognition is that such an adoption must comply with the terms of the definition of a foreign adoption contained in the legislation. In cases where an adoption effected abroad in respect of an abandoned foreign child does not qualify for recognition, the Supreme Court ruling has opened up the possibility of the child being adopted under Irish law in accordance with the provisions of the 1988 Act.

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