Barry Andrews (Dún Laoghaire, Fianna Fail)

Amendment No. 7, if included in the Bill, would exclude applicants who are resident in Ireland who have effected an adoption order in another jurisdiction before the establishment day which may be recognised by the Adoption Authority. The amendment merely makes specific provision with regard to persons who at the time of the making of the adoption order were ordinarily resident, domiciled or habitually resident in the state where the adoption was effected. The definition of intercountry adoption effected outside the State at (a) in that definition in the Bill as drafted covers all categories of adoption in respect of which applications to the authority can be made and adoptions recognised by the authority in accordance with section 57 of the Bill, provided the adoption conformed with the definition of foreign adoption in section 1 of the 1991 Act, as amended, and is certified by a certificate issue by the competent authority of the state of adoption as having been effected under and in accordance with the law of that state and is not contrary to our public policy.

On amendment No. 8, the definition with regard to paragraph (b) of the definition of intercountry adoptions effected outside the State covers, as drafted, domestic adoptions, as it were, effected in other jurisdictions following the establishment day. These adoptions, in accordance with section 57, may be recognised by the Adoption Authority. Amendment No. 70 in this grouping is a Government amendment to section 57.

Amendment No. 31 is in the name of Deputy O'Sullivan. Section 20 of the Bill includes provision for the Adoption Authority to recognise an intercountry adoption effected outside the State. The definition provided in section 3(1) of the Bill covers the circumstances set out in the Deputy's amendment.

I have also brought forward a Government amendment to section 57(b)(i) which clarifies that in the case of an intercountry adoption effected outside the State, as referred to in paragraph (b) of the definition in section 3, the adopter or adopters must be habitually resident in the State, "habitually resident" being the crucial term. I have introduced amendment No. 52 to ensure consistency with the definition of intercountry adoption in section 3 and with article 23 of the Hague Convention, which provides that an adoption certified by the competent authority of the state of adoption, as having been made in accordance with the convention, shall be recognised by another contracting state. Section 33(5) should only refer to adoption orders made by the Adoption Authority and I have brought forward this amendment to delete the reference to intercountry adoption in this subsection.

The purpose of amendment No. 70 is to make it clear that in the case referred to in paragraph (b) again, parents must be habitually resident in the state in which the adoption is effected at the time the adoption order is made.

For clarity, the Attorney General has given specific advice on the question of habitual residence. It is his considered view that it is the term that is most commonly used and is the matter for the authority to consider from time to time. It is analogous to the concept of domicile and will be for the authority to determine according to public policy.

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