Dáil debates
Wednesday, 18 November 2009
Adoption Bill 2009 [Seanad]: Second Stage (Resumed)
6:00 pm
Kathleen Lynch (Cork North Central, Labour)
I would not normally comment on the remarks of a previous speakers but we must bear in mind that we are talking about humans here, who are flawed individuals at the best of times. No matter how conception takes place or the circumstances of the birth, there is certain language that simply should not be used.
It is inappropriate to use that type of language because it sounds as if we are talking about a commodity. I realise it is not meant, as such, but that is not what we are talking about. We are talking about a very delicate situation where we are trying to ensure that the three parties involved in the process are properly provided for, the birth mother, the child and the adoptive parents. There are three parties involved, and it worries me that no one has mentioned the birth mother in the time I have been here.
The awful angst of a family that wishes to adopt must be considered. Either they do not have children of their own or they might already have adopted and wish to add to their family. We can all understand the longing to have a child and give him or her the very best. However, we must never forget the birth mother. Regardless of circumstances, a birth mother would not offer a child for adoption unless she believed it was in his or her best interests, or there was no other option. We must ensure that there is no coercion when a mother offers a child for adoption, and that if a mother wishes to keep her child that all the supports are in place.
We have all received e-mails, phone calls and letters from prospective parents at the end of a very long process. They see this Bill as closing off their opportunity when they had every reason to believe they might have an adopted child before Christmas, or perhaps shortly afterwards. I hope the Minister of State will do his very best to ensure that some type of interim agreement can be put in place so that people who have already been vetted, sanctioned and received their declaration may be somehow facilitated. Crucially, however, we have to ensure that the child is central to all of this. For example, when the child becomes an adult, it is imperative that if he or she wishes to connect with the biological family that this can be facilitated, with the appropriate paperwork in place to ensure that it can happen. Equally, we need to ensure that the donor country, from which children are being adopted for adoption, is abiding by the Hague Convention in tandem with whatever other safeguards may be put in place in this regard.
There probably are additional safeguards we can avail of, because despite the ratification of conventions we all know there are people who will do things they should not either because of poverty, for more money or other reasons. The Minister of State should consider putting in place a joint agency, perhaps, along with countries such as Russia, Ethiopia, Vietnam or wherever, which would be located on the ground in such countries and do the job for us. We cannot vet every single child being offered for adoption or inquire of the mother or parents whether the child is being offered under duress. Nobody would expect we could, but there are agencies that can and Ireland should be willing participate in funding to ensure that this would happen.
In all of this, however, we must always be conscious that there are two mothers involved in any such transaction. One is desperately waiting and the other is probably very sad to give up the child. We must always bear that in mind. This Bill should be about the protection of those three components to which I have referred. It should ensure that the best possible outcome can be had in regard to all three. I have been listening here to Members saying, in effect: "People are determined to give these children a better life." The consequence of the adoption is that the child has a better life, because clearly the type of poverty prevalent in such donor countries is probably a contributory factor in the child being offered for adoption. However, when most women either become pregnant or seek to adopt, the central concern is to have a child of their own, for whom they are prepared to do their very best. We should not attach any motives beyond that because it is an incredible thing to want to rear someone else's child as one's own and give it everything one has - to protect and love it as one's own. That is significant enough. The consequence of adoption is that the child will more than likely have a better life that it would have had in its country of birth which might not be as developed as Ireland, where the opportunities are greater.
It would be very wrong to discourage couples from adopting. I have met couples who are going through the process of being vetted as adoptive parents and the experience is traumatic. There are stops, starts, two steps forward, three steps back and all of that. It must be heartbreaking for a couple to be told at the final hurdle that there is a possibility they will not be able to complete the process. If the Minister of State can do anything at all in that respect, he would have the admiration and full support of this establishment.
The International Adoption Association wrote to Members of the Oireachtas expressing some concerns about the Bill. Will the Minister of State say whether he has read that submission and if he intends to do anything about it? Are any of the points suggested, as regards the definition of adoption and matters such as that being incorporated into the Bill on Committee Stage? Some of those suggestions are good. We would love to see all sorts of things in this Bill, but we know they cannot be. The notion of same sex couples being able to adopt, for example, is a different argument for a different day. Eventually when we have that argument and this is resolved, perhaps such an initiative might be included as an addition to this legislation. Equally, there are issues in terms of the age of children that can be adopted. That is an issue that might, perhaps, be discussed in committee. I understand the constitutional reasons involved, but nevertheless we might in the future take a serious look at these questions.
Central to all, however, should be provision to the three key components of adoption that I have dealt with. This is particularly so in a week where we see the Australian Prime Minister apologising to children sent to Australia and the British Prime Minister reciprocating as well as our own case as regards the children sent to America. I am always conscious that even if those children are not listening to us, perhaps their children are, and we should therefore be very careful of the language we use.
The Bill is about protecting the three entities necessary for adoption, the birth mother, the child and the adoptive parents. However, if the Minister of State could do something for those couples who are desperately hoping to adopt a child this Christmas or early in the new year, this would be welcome by everyone.
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