Oireachtas Joint and Select Committees

Thursday, 26 June 2014

Joint Oireachtas Committee on Health and Children

Adoption in Ireland: Discussion

10:40 am

Mr. Kiernan Gildea:

With regard to bilaterals, the preferred choice of the AAI is that countries sign up to the convention first, and that is where we start. We will be cautious in any country we recommend for a bilateral agreement. There is provision under the 2010 Act for bilaterals with non-Hague-Convention countries. It is a unique factor in European convention countries that a bilateral would have to achieve the same standard as the convention, in that it would have to be passed by both Houses of the Oireachtas. That is one of the bulwarks we have. Any bilateral into which we enter has to go through the Dáil and the Seanad.

Having said that, the two countries which are probably the best candidates - if they were to be called so - for a bilateral agreement are Russia and Ethiopia, which are non-Hague countries, and were the two highest countries on the list prior to the ratification of the Hague Convention. They are very different countries with regard to infrastructure and history, but there is no doubt that we have concerns. We are extremely cautious with regard to entering into bilateral agreements. There are serious and complex constitutional issues regarding a possible bilateral agreement with Russia, with regard to consular visits to houses in Ireland, registration at the embassy in Dublin and, most importantly, the constitutionality of post-placement reports. The authority would be expected to police and monitor these and there is no statutory provision for this. We believe it would be unconstitutional to insist on them. It is all very desirable, but contrary to the Constitution.

We are also concerned about the costs with regard to Russia. Assessment in Ireland is free, as are the services of the Adoption Authority, but there are fees for introductions of accredited bodies for facilitation. The average cost of a Russian adoption in 2011 was €43,000, and €1.3 million left this country in 2011 for Russian adoptions, going to two named individuals who are facilitators. We urge extreme caution in going down this road. There is no central authority in Russia. This is not to say the adoptions are illegal or irregular; it is simply a fact.

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