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Inter-Country Adoptions

Dáil Éireann Debate, Wednesday - 16 May 2012

Wednesday, 16 May 2012

Ceisteanna (171, 172, 173)

Kevin Humphreys

Ceist:

171 Deputy Kevin Humphreys asked the Minister for Children and Youth Affairs the action she is planning to take in conjunction with the Adoption Authority of Ireland once the report on its recent visit to Ethiopia is published; if she will publish a road map of actions to bring some certainty on the issue of introducing a bilateral adoption treaty with Ethiopia; and if she will make a statement on the matter. [24400/12]

Amharc ar fhreagra

Kevin Humphreys

Ceist:

172 Deputy Kevin Humphreys asked the Minister for Children and Youth Affairs when the report by the Adoption Authority of Ireland on its visit to Addis Ababa, Ethiopia, to examine the feasibility of a bilateral adoption treaty will be published; if she will ensure this issue is expedited as the trip occurred more than a month ago and there is significant uncertainty for families who are unable to adopt under the existing transitional arrangements; and if she will make a statement on the matter. [24401/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 171 and 172 together.

The Adoption Act, 2010, which provides the legislative framework for adoption in Ireland, is designed to provide a framework to ensure that all adoptions are effected in the best interests of the child and to the highest possible standard. The phrase ‘in the best interests of the child' is absolutely key in this regard. It must not be forgotten that inter-country adoption is a service for those children who cannot be raised by their birth parents or cared for in their own country. The interests of the child must always be paramount throughout the adoption process. This is best achieved through the full implementation of the highest national and international standards governing adoption practice. This is the primary concern for the Adoption Authority of Ireland in conducting its business as it relates to inter-country adoption.

Adoptions from Ethiopia, effected under the transitional arrangements provided for in the Adoption Act 2010, are ongoing and are currently being examined, and recognised, by the Adoption Authority of Ireland (AAI). These transitional arrangements may lead to adoptions from Ethiopia taking place up to the end of October 2012. The Adoption Act 2010 also contains provision for a one year extension to declarations of eligibility and suitability to adopt which may lead to a one year extension to this date. Ethiopia is not a signatory of the Hague Convention on Protection of Children and Co-operation in Respect of inter-country Adoption. In these circumstances, adoptions from Ethiopia which are not covered by the transitional arrangements referred to above would require a bilateral agreement between Ireland and Ethiopia. The negotiation of bilateral agreements on inter-country adoption with states who have not ratified the Hague Convention is governed by Section 73 of the Adoption Act 2010 which states that "the Authority, with the prior consent of the Minister, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that State.” Any bilateral arrangements which might be entered into would be required by law to meet the minimum standards set out in the Hague Convention.

A delegation from the Adoption Authority of Ireland (AAI) visited Ethiopia in April and held exploratory meetings with the Ethiopian authorities regarding the system of adoption which operates in that country. The delegation, in the course of its visit, held preliminary discussions with the Ethiopian authorities around the potential for a bilateral on inter-country adoption. The AAI is currently preparing a report for me on its assessment of the situation which will inform the next steps to be taken.

Seán Ó Fearghaíl

Ceist:

173 Deputy Seán Ó Fearghaíl asked the Minister for Children and Youth Affairs the steps she has taken since the signing of the Adoption Act of 2010 to sign a bilateral agreement with Russia; if she will make this a matter of urgency; and if she will make a statement on the matter. [24481/12]

Amharc ar fhreagra

The Adoption Act, 2010, which provides the legislative framework for adoption in Ireland, is designed to provide a framework to ensure that all adoptions are effected in the best interests of the child and to the highest possible standard. The phrase ‘in the best interests of the child' is absolutely key in this regard. It must not be forgotten that inter-country adoption is a service for those children who cannot be raised by their birth parents or cared for in their own country. The interests of the child must always be paramount throughout the adoption process. This is best achieved through the full implementation of the highest national and international standards governing adoption practice. This is the primary concern for the Adoption Authority of Ireland in conducting its business as it relates to inter-country adoption.

Adoptions from Russia, effected under the transitional arrangements provided for in the Adoption Act 2010, are ongoing and are currently being examined, and recognised, by the Adoption Authority of Ireland (AAI). These transitional arrangements may lead to adoptions from Russia taking place up to the end of October 2012. The Adoption Act 2010 also contains provision for a one year extension to declarations of eligibility and suitability to adopt which may lead to a one year extension to this date. Russia is not a signatory of the Hague Convention on Protection of Children and Co-operation in Respect of inter-country Adoption. In these circumstances, adoptions from Russia which are not covered by the transitional arrangements referred to above would require a bilateral agreement between Ireland and Russia. The negotiation of bilateral agreements on inter-country adoption with states who have not ratified the Hague Convention is governed by Section 73 of the Adoption Act 2010 which states that "the Authority, with the prior consent of the Minister, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that State.” Any bilateral arrangements which might be entered into would be required by law to meet the minimum standards set out in the Hague Convention.

A delegation comprised of representatives of the Adoption Authority and officials from my Department held exploratory meetings with the Russian authorities in December of last year. The delegation visited Russia in relation to preliminary discussions around the potential for a bilateral on inter-country adoption. This was a follow up to previous discussions which took place earlier in the year, on the initiative of the Russian authorities. I have received an initial assessment from the Adoption Authority which will inform the next steps to be taken in relation to this matter. My Department is in discussions with the Adoption Authority on this assessment and other issues which will influence any policy decisions to be taken in this regard. I am aware of the need to bring clarity to the situation in respect of Russia and I hope to be in a position to do so as soon as possible.

Question No. 174 answered with Question No. 24.

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