Written Answers. - Foreign Adoptions.
Johnny Fox
Ceist:
105
Mr. J. Fox
asked the
Minister for Health
if he will introduce legislation which will provide, without exception, for the recognition by the State of adoptions which have been effected in other countries in accordance with the law applying in those countries; and if he will make a statement on the matter.
[4438/95]
Johnny Fox
Ceist:
106
Mr. J. Fox
asked the
Minister for Health
the specific grounds on which it is considered that an adoption effected under Guatemalan law does not have essentially the same legal effect as respects the termination and creation of parental rights and duties with respect to the child as an adoption effected by an adoption order in this State; and if he will make a statement on the matter.
[4039/95]
Johnny Fox
Ceist:
107
Mr. J. Fox
asked the
Minister for Health
if he will provide for the recognition of adoptions which have been conducted in other countries in accordance with the law applying in those countries but which are not currently recognised by the State in the context of forthcoming legislation to enable ratification of the Hague Convention on Intercountry Adoption; if not, the reason therefor; his views on whether such adoptions involve the creation of a new parent-child relationship within the meaning of the Hague Convention; and if he will make a statement on the matter.[4440/95]
I propose to take Questions Nos. 105, 106 and 107 together.
The current statutory provisions relating to the recognition of foreign adoptions are set out in the Adoption Act, 1991. A central requirement for recognition is that an adoption effected abroad must comply with the terms of the definition of a foreign adoption contained in the Act. Broadly speaking, adoptions effected in countries which operate systems of legal adoption similar to our own system qualify for recognition under the legislation.
The Adoption Board has primary responsibility for the administration of the 1991 Act, including considering whether individual adoptions effected outside the State are entitled to recognition here in accordance with the provisions of the legislation. I understand that the board has taken the view that adoptions effected in Guatemala do not qualify for recognition because certain aspects of Guatemalan adoption law are incompatible with one of the elements of the definition of a foreign adoption contained in the legislation. The element in question requires that an adoption effected abroad must have essentially the same legal effect as respects the termination and creation of parental rights and duties with respect to the child as an Irish adoption order. The Adoption Board considers that certain provisions of Guatemalan adoption law, including those relating to succession rights and the circumstances in which an adoption may cease or be annulled, are essentially different from Irish law in these areas.
I might mention that under section 7 of the 1991 Act a person who has been refused recognition by the Adoption Board may apply to the High Court for an order directing the board to grant such recognition. This provision was specifically included in the legislation in order to provide an appeal mechanism in cases where a dispute arises between adopters and the Adoption Board as to whether a particular adoption is entitled to recognition.
I should also mention that where an adoption effected abroad does not qualify for recognition under the 1991 Act, it is open to the adopters to apply for an Irish adoption order for the child.
The Hague Convention on Intercountry Adoption, which was completed in 1993, provides among other matters for the recognition by countries which are parties to it of intercountry adoptions that take place under and in accordance with the requirements of the convention.More than 60 countries, including Ireland, participated in the preparation of the convention. My Department is committed to amending current adoption legislation so as to enable the convention to be ratified here. I should explain, however, that the convention does not provide for the recognition on a retrospective basis of intercountry adoptions already completed.
I have no plans to amend the existing law to provide for the recognition, without exception, of adoptions effected in foreign countries in accordance with the internal law of those countries. The whole basis of the approach set out in the Adoption Act, 1991, is that each foreign adoption must be examined on its merits in order to determine whether it is entitled to recognition here. A provision for automatically recognising all adoptions effected in other countries would cut across his approach and would in some instances be in contravention of international agreements to which the State is a party.
