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Inter-Country Adoptions

Dáil Éireann Debate, Thursday - 17 May 2012

Thursday, 17 May 2012

Ceisteanna (168, 169, 170, 171, 172)

Seán Ó Fearghaíl

Ceist:

170 Deputy Seán Ó Fearghaíl asked the Minister for Children and Youth Affairs her views on concerns raised in relation to inter-country adoptions (details supplied); the action she will take to address these concerns; and if she will make a statement on the matter. [24610/12]

Amharc ar fhreagra

Seán Ó Fearghaíl

Ceist:

172 Deputy Seán Ó Fearghaíl asked the Minister for Children and Youth Affairs her views on concerns raised in correspondence (details supplied) regarding inter-country adoptions; the action she will take to address the concerns; and if she will make a statement on the matter. [24658/12]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

176 Deputy Éamon Ó Cuív asked the Minister for Children and Youth Affairs the progress that has been made in relation to allowing adoptions from Russia to proceed, particularly in cases in which a declaration has been made to adopt a child; and if she will make a statement on the matter. [24734/12]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

177 Deputy Éamon Ó Cuív asked the Minister for Children and Youth Affairs the progress made in discussions with the Russian authorities in relation to adoptions from Russia; and if she will make a statement on the matter. [24735/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 170, 172, 176 and 177 together.

The Adoption Act, 2010, which was commenced on 1st November 2010, coincided with Ireland's formal ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption. The purpose of the Adoption Act, 2010, is to improve standards in both domestic and inter-country adoption. 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). Under the provisions of the legislation, such adoptions may take place up to the end of October 2013.

As regards adoptions thereafter, Russia has not ratified the Hague Convention and there appears to be no immediate prospect that this will happen. Therefore, future adoptions from Russia, beyond those provided for under the transitional arrangements, may only be possible under a bilateral agreement. 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.

Brendan Smith

Ceist:

171 Deputy Brendan Smith asked the Minister for Children and Youth Affairs the position regarding the proposal to establish adoption arrangements between Ireland and Kazakhstan; and if she will make a statement on the matter. [24643/12]

Amharc ar fhreagra

With effect from 1 November 2010, inter-country adoptions can be effected with other countries which have ratified the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (the Hague Adoption Convention) or with countries with which Ireland has a bilateral agreement. Kazakhstan has ratified the Convention.

Over the past 18 months the Adoption Authority of Ireland (AAI) has written to its counterpart Central Authority in Kazakhstan on three separate occasions to begin the process of developing an administrative agreement for inter-country adoption. To date there has been no reply from the Kazakhstani authorities to any of the contacts made by the AAI. The Authority has continued to indicate that it is open to discussing the issue of inter-country adoptions with its Kazakhstani counterparts at any time, and the most recent correspondence from the AAI was in March of this year. I understand that an official of the Irish Embassy in Moscow has now presented the copy correspondence to, and raised the issue of inter-country adoption with, the Ministry of Foreign Affairs in Kazakhstan. I understand the Kazakhstani authorities hosted a meeting on inter-country adoption last Friday. I would like to point out that at no stage were the AAI, the Department of Children and Youth Affairs or the Embassy contacted by the Kazakhstani authorities regarding the meeting. As soon as the issue came to the attention of my Department, official contact was made with the Embassy in Moscow in this regard. The Embassy officials in Moscow are endeavouring to secure feedback from this meeting to assess its relevance for progress towards an administrative agreement on inter-country adoption between Ireland and Kazakhstan.

My officials are actively pursuing the matter in conjunction with the AAI. The Embassy has been asked to request information from the relevant authorities on the position for Irish couples hoping to adopt from Kazakhstan as soon as possible. In the interim the AAI is currently completing a review of Kazakhstan's adoption legislation.

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.

Under the Hague Adoption Convention, countries seek to mutually support one another in protecting the best interests of children in the inter-country adoption process. The role of the Central Authority in each country is particularly key in overseeing standards within each jurisdiction and in facilitating collaboration between respective countries. The Adoption Authority of Ireland will continue to engage with its counterpart Central Authority in Kazakhstan with a view to progressing potential collaboration in the best interests of children.

Question No. 172 answered with Question No. 170.
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