The conclusion of bilateral agreements on adoption with any country must take place in the context of the best information available to authorities at the time the agreement is being concluded. This was the case in relation to the bilateral agreement with Vietnam which expired on 1 May 2009.
We must constantly strive to improve inter-country adoption standards. These standards evolve over time and must reflect best practice at any particular time. In the process of re-negotiating the agreement serious issues came to light in relation to the adoption process in Vietnam. The issues were contained in the report on inter-country adoption commissioned by UNICEF and the Vietnamese Ministry of Justice and carried out by International Social Services (ISS). An earlier report published last August by the Vietnamese Ministry of Labour, Invalids and Social Affairs (MOLISA) was also considered in this regard. The UNICEF/ISS report, which was accepted by the Vietnamese Government, "proposes that Vietnam suspends inter-country adoptions for the necessary period during the year 2010 that will enable it to ensure optimal implementation of the Hague Convention and to prepare for the entry into force of the new law on adoption in 2011". The Report also raises serious questions regarding adoption practices in Vietnam, including as follows:
(a) inter-country adoptions from Vietnam are essentially influenced by foreign demand, i.e. the availability of children who are "adoptable" abroad corresponds more to the existence of foreign prospective adopters than to the actual needs of "abandoned" and orphaned children;
(b) the circumstances under which babies become "adoptable" are invariably unclear and disturbing;
(c) the inter-country adoption system is grounded in a remarkably unhealthy relationship between the mediating agencies and specific residential facilities; and
(d) Governments and central authorities of "receiving countries" collectively at least, and individually in many instances have not effectively committed themselves to applying the basic principles of The Hague Convention or the recommendations of the treaty's practical operation, in their dealings with Vietnam.
Having considered the contents of the two reports the Government decided, on 13th of January, to suspend indefinitely negotiations on a new bilateral inter-country adoption agreement with the Socialist Republic of Vietnam. As a result of this decision, all inter-country adoptions from Vietnam will be suspended until such time as the Adoption Bill 2009 has been enacted and both Ireland and Vietnam have ratified the provisions of the Hague Convention.