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Inter-Country Adoptions

Dáil Éireann Debate, Thursday - 7 June 2012

Thursday, 7 June 2012

Ceisteanna (119, 120)

Catherine Byrne

Ceist:

121 Deputy Catherine Byrne asked the Minister for Children and Youth Affairs if she will provide an update on negotiations with the Ethiopian authorities in respect of inter-country adoptions; and if she will make a statement on the matter. [27598/12]

Amharc ar fhreagra

Freagraí scríofa

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 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 agreement on inter-country adoption. The Authority submitted its initial report which summarises the conclusions and recommendations of the delegation's visit on the 21st of May. In addition, the Embassy in Ethiopia recently submitted a detailed background note on inter-country adoption in Ethiopia, which officials in my Department are considering in conjunction with the AAI report. The AAI has stated that it is seeking further legal advice in Ethiopia on whether adoptions there are full or simple adoptions. The Authority indicated that it will contact me again once it has received this legal advice and has completed its consideration of the matter.

Paschal Donohoe

Ceist:

122 Deputy Paschal Donohoe asked the Minister for Children and Youth Affairs the progress that has been made to date in respect of advancing the possibility of inter-country adoptions between Ireland and Kazakhstan; if the Adoption Authority of Ireland has reached any agreement with Kazakhstan authorities to advance this situation; and if she will make a statement on the matter. [27632/12]

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 continues 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 on the 11th of May. 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. While it is, of course, a matter for each country to decide with whom it co-operates, 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

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.

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