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Dáil Éireann díospóireacht -
Tuesday, 17 Dec 1996

Vol. 473 No. 1

Written Answers. - Foreign Adoptions.

Michael Woods

Ceist:

158 Dr. Woods asked the Minister for Health whether he accepts that the advice which he received and on the basis of which he refuses to recognise a Paraguayan simple adoption decree is now unreliable, having regard to the preliminary views of our ambassador in Buenos Aires on the status of these adoptions; if he will have arrangements made to investigate this matter further; and if he will make a statement on the matter. [24654/96]

The legal advice which I have received is that countries such as Paraguay which operate a dual adoption system make a clear distinction between the two types of adoption decree that may be made in respect of a child. I have been advised to respect that distinction and not seek to accord a simple or ordinary adoption a legal status beyond which it has under the law of the country where it was granted. However, my Department is in the process of obtaining a comprehensive legal opinion from a lawyer in Paraguay with expertise in adoption law on certain aspects of that law. The Department of Foreign Affairs and our Embassy in Argentina is assisting my Department in this regard and it is expected that this opinion will be available shortly. If this brings to light new information which is in conflict with our present understanding of the nature of simple or ordinary adoptions, then the matter will be examined further.

The various practical difficulties being experienced by the adoptive parents concerned were considered at a recent meeting of Cabinet Committee on Children's Services, which decided to establish an interdepartmental committee under the chairmanship of my Department to examine possible ways in which those difficulties might be addressed. The interdepartmental committee comprises representatives of the Departments of Education, Equality and Law Reform, Foreign Affairs, Health, Justice and Social Welfare as well as the Office of the Attorney General.

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