Mary Wallace (Meath East, Fianna Fail)

The rise in inter-country adoptions over recent years has inevitably caused a rethink of past views on adoption. The Adoption Bill 2009 seeks to introduce the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption into Irish law.

By using the Hague Convention standards for child adoption, the Bill will not only ensure the greatest welfare for the adopted child, but also guarantee the rights of the parents. The Bill sets out a common standard for adoption procedures and this is supported by the creation of an adoption authority, which will expand the current Adoption Board's power. The authority will take on new functions in respect of the Hague Convention and will have significant competence for governance and accountability structures.

Without doubt we have seen huge changes in adoption here since the first adoption legislation in 1952. Most children adopted in Ireland at that time were born here. Today, we have a very different situation because most adoptions throughout the 1990s and up to recent times were foreign adoptions which we now call inter-country adoptions. Adopting parents welcome this Bill because it reflects the changing nature of adoption and the growth of inter-country adoptions, and provides a legal basis for many of the issues that may arise from inter-country adoptions.

We thank the Minister of State for clarifying today that his staff has already worked on developing administrative links with Brazil, South Korea, Thailand and the Philippines. This is an important, progressive measure because it gives hope to the many people about whom we are concerned. These countries already comply with the Hague Convention. Brazil and South Korea offer new opportunities that can hopefully be developed soon. The key issues will be the speed with which the Minister of State's officials and the staff of the Adoption Board or the new adoption authority manage to achieve early progress on the administrative arrangements with these and other countries that comply with the Hague Convention.

The legislation before us is welcome, especially because it will ensure that all inter-country adoptions recognised in this country meet the standards of the Hague Convention. The Bill also provides for Ireland to enter discussions with states which are not part of the Hague Convention. Many of the parents who have been in touch with us are worried about countries that are not part of the convention. The fact that the Bill provides for the Minister of State to enter discussions for the purpose of making bilateral agreements with these countries is a big issue for prospective adoptive parents especially those wishing to adopt from Vietnam, Russia and Ethiopia.

Parents are anxious that the standards that apply to such adoptions would be in accordance with the Hague standards. Parents are also concerned that every possible effort be made to address the issue of the need for bilateral agreements with countries where children would benefit greatly from being adopted into a loving family in Ireland. Without such agreements, these children will remain in institutions in their own countries. One parent informed me the children in need in these countries will not be given the chance of a new life with loving parents and a welcoming home.

The Bill consolidates all existing adoption legislation into one which will be of great benefit to parents, social workers and all with an interest in these important laws. It provides safeguards for children being adopted into new families, setting a common standard for adoption procedures and providing greater assurance to children and families that appropriate procedures have been followed. Applicants under this legislation, as with previous legislation, are required to be of good moral character, good health, be capable throughout the child's childhood of fulfilling parental duties and have adequate financial means to support the child. These have been welcomed by many prospective adoptive parents.

The timeframe, however, remains the real issue. Like other Members, I am aware of the long process parents must engage in to secure an inter-country adoption. Will the Minister use all the resources available to him to address this issue? Once a couple expresses interest in adopting a child from abroad, it can take 18 months or two years to reach the first stage of the process. Prospective parents can often be in their mid to late 30s or early 40s. Their concern is how long it takes to adopt a child from another country, which can take up to eight years, by which time the couple may be in their late 40s.

The standards that apply to the Hague Convention are to be welcomed. Prospective adoptive parents concerned about changes in the countries from which they wish to adopt are at one on the standards. The convention puts in place the equivalent of a contract between each state to regulate the standards to apply in each jurisdiction to safeguard children being adopted. This is important from the perspective of adoptive parents. It is especially important to have confidence in all aspects of inter-country adoptions providing assurances for children, their families and the State that the standards of the Hague Convention have been followed.

New challenges regarding the timeframe that face adoptive parents have changed substantially since the legislation was debated in the Seanad earlier this year. The timeframe was shorter then, with several options open to parents. It concerns me that the situation has changed so fast and the options open to parents have been reduced. One prospective adoptive couple informed me they moved from adopting in China to Vietnam to Ethiopia because of delays in the process. Couples like this and many others are pleading for the introduction of a safe solution which will allow them to complete their adoption journey.

The debate's focus has been on inter-country adoptions because of their significant effect on the lives of many Irish families. However, the Minister of State should also endeavour to address the issue of foster care. Many children who have no contact with their birth parents are not eligible for adoption by the families with whom they live and who would love to adopt them.

The Bill is an emotive issue for many people. Couples who choose to adopt a child from abroad undertake a lengthy and emotional journey. They have a loving home to provide for a child and live with huge expectations but also uncertainty. Several such couples are among my close friends, neighbours and constituents and they have told me about their own experiences of heartbreak and stress. One couple, waiting seven years to adopt, have recently been advised there is only a trickle of adoptions coming from China. What are they to do? Inter-country adoptions give great joy to families, work extremely well and are to the advantage of the child who would otherwise be reared in an institution in their country of origin.

All Members know of many couples' adoption processes affected by the suspension of the agreement with Vietnam. It has been well-publicised and has been an extremely anxious time for the many couples involved. We are advised there were legitimate reasons to suspend the agreement and understand adoptions must meet accountable and transparent standards. Adoptions from non-Hague countries like Vietnam, Russia or Ethiopia have to be assessed on a case-by-case basis. However, for those couples who have spent years trying to adopt a child from Vietnam or some other country, they are now in limbo. There are about 500 couples in this position who are looking to the Minister of State and the adoption authority for guidance in this matter. The harder the Minister of State's officials can work on this and the more progress they can make will be important for Irish families who find themselves in this limbo. I appreciate the Minister of State's commitment to addressing this and I thank him and his staff for their consideration of the many concerns I have brought to them.

In passing this legislation and ratifying the Hague Convention, we are providing Irish couples with a range of new countries from which to adopt a child, a positive development. Ireland is the last EU member state to adopt the Hague Convention which sets the standards in inter-country adoption. We must remember this process is about what is best for the child. All the evidence suggests that children adopted from abroad respond well to their new parents and their new homes. Much joy has been brought to many Irish homes with such adoptions. I hope this legislation will open up many more doors so that the life-time happiness experienced by so many will happen for others.

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