Vol. 483 No. 2
9 Mr. Barrett asked the Minister for Health and Children when arrangements will commence to facilitate adoption by Irish residents of children in China; and the recent developments, if any, which have occurred in this area. [19831/97]
The Department of Health and Children, the Adoption Board and the Irish Embassy in Beijing have been actively seeking to finalise arrangements with the Chinese authorities which would enable Irish residents to adopt children from that country. The Chinese authorities have been seeking assurances as to the position with regard to the recognition in Ireland of adoptions effected in that country. Deputies will be aware that the Supreme Court ruled in July 1996 that Chinese adoptions have essentially the same legal effect as an adoption order and thus qualify for entry in the Register of Foreign Adoptions.
The Adoption Board recently wrote to the Chinese Ministry of Civil Affairs in order to clarify the position. During his recent visit to China the Minister for the Marine and Natural Resources, Deputy Woods, raised the issue with the Chinese Minister for Civil Affairs. He assured Minister Woods that his Department would expedite its examination of the documentation provided by the Adoption Board. Our Embassy in Beijing has been given a verbal assurance that the Ministry of Civil Affairs is satisfied that adoptions effected in China qualify for recognition in Ireland. I am informed by the Embassy that the Ministry of Civil Affairs must consult with the Ministry of Justice which is responsible under Chinese law for the notarisation of adoption orders. This process of consultation is under way and is being followed closely by the Embassy. When the various consultations at official level have been completed, it is my intention to travel to China to finalise the adoption agreement. I hope when this is completed all outstanding applications can be processed without further delay.
When was the Adoption Board asked to clarify to the Chinese authorities the legal position in Ireland regarding recognition of Chinese adoptions? Why has there been confusion in the context of the Chinese authorities' perspective of the position, bearing in mind it is almost a year and a half since the Supreme Court pronounced on the issue and said such adoptions are recognised? Will the Minister accept the delay in formalising arrangements is causing great distress to couples anxious to adopt in China. The Chinese authorities have no objection in principle to Irish couples adopting babies from orphanages in China.
Procedures were clarified by the Adoption Board in September 1996. It was agreed the Adoption Board would forward to the Ministry for Civil Affairs in Beijing documents in respect of adoptive parents. Following intensive lobbying by International Orphan Aid, that body was approved in April 1987 for the purpose of transmitting documents. Since then we have pressurised the Chinese authorities through the embassy in Beijing to have this matter concluded. In recent weeks we received a response from the Chinese authorities and the Department of Justice there must now finalise matters. We are at present actively engaged in that process.
I understand the Minister, Deputy Woods, intervened on this issue when in China. Since the Adoption Board replied in September 1996, did that response give rise to confusion or difficulty? Was the Supreme Court position clearly stated, that adoptions effected in China would be recognised, or was the position described in a more complex and obtuse manner by the Adoption Board, giving rise to concerns on the part of the Chinese authorities?
I am not aware that events took place as the Deputy described. The Chinese authorities were concerned and took considerable time to satisfy themselves about the procedure here. Since coming to office in July I put much effort into convincing the Chinese authorities to move quickly and make the necessary decisions. When the Minister, Deputy Woods, was in Beijing recently he took the opportunity to further this initiative and reached a verbal agreement with the Chinese Minister. Since then I have been in contact with the embassy about the matter. I cannot answer for delays or inadequacies that existed prior to this Government coming to office.
Will the Minister clarify the nature of any further agreement he envisages may be necessary? Will it be an agreement between the State and China or will there be an informal arrangement? What exactly is required? Will the Minister confirm my understanding that what is required is, first, that the Chinese authorities are satisfied that we recognise their orders and, second, that there is an agreed body such as the Adoption Board or a non-governmental organisation such as International Orphan Aid, sanctioned by the Department, through which documentation may be transmitted confirming the suitability of prospective adopters. That, effectively, should allow adoptions to proceed.
The embassy has been trying to establish the reason for the delay in processing applications. There was a doubt on the part of the Chinese authorities as to whether Chinese adoptions qualified for recognition in Ireland. That matter has been clarified and accepted by the Chinese. The current difficulty to be overcome is the organisation of adoptions, the normal procedure that must be gone through by Irish people who go to China to adopt babies. Two agencies here are dealing with the matter, the Adoption Board, which is processing a number of applications, and International Orphan Aid, a voluntary organisation which has been approved for the purpose of transmission of documents. The administrative side needs to be dealt with.
Part of my purpose in visiting China is to establish a system whereby when people go there proper procedures are in place and there are contacts through which they can work. We are anxious to facilitate as many people as possible who wish to adopt Chinese babies. From the level of inquiries to the Adoption Board and International Orphan Aid, a significant number of people are interested in adopting Chinese babies. We want to facilitate that and to make it as inexpensive as possible.
Will an agreement be put in place such as a treaty or protocol?
Yes, a formal agreement will be signed which will cover all these matters.
Is the Minister saying the current difficulty relates to the approval of prospective adoptive parents and the means by which they are certified as appropriate people for adoption?
There is no problem in the sense that we have sorted out the difficulty relating to recognition of orders. The matter is with the Department of Justice in Beijing. That Department is in consultation with the Irish Embassy about the authorisation of adoption orders.
