Peter Fitzpatrick (Louth, Fine Gael)

The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Inter-country Adoption, or Hague Adoption Convention, protects children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad. This convention, which also operates through a scheme of national central authorities, reinforced the United Nations Convention on the Rights of the Child and seeks to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights and to prevent the abduction, sale of or traffic in children. These are phenomenal aspirations which should be cherished.

The Adoption Act 2010 was commenced on 1 November 2010. This coincided with Ireland's formal ratification of the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. The Adoption Authority was also established on 1 November 2010. The purpose of the 2010 Act is to improve standards in the context of domestic and intercountry adoptions. The regulatory framework governing adoption has been strengthened in an attempt to ensure that the best interests of children will be protected at every step throughout the adoption process. Since 1 November 2010, it has been possible to effect intercountry adoptions with other countries that have ratified the Hague Convention or with which Ireland has bilateral agreements. From 1 November 2010, anyone wishing to effect an adoption from a Hague Convention country must be satisfied that the adoption is in compliance with the rules set out in the convention. The key rules to be adhered to are: that the adoption must comply with all the terms and conditions of the Hague Convention; that the agent or agency handling the adoption is properly accredited by the central authority of the sending State; and that the agent or agency can produce a valid Article 23 certificate from a competent authority of the sending State in respect of the adoption. These rules have often been criticised as being excessive. In light of recent revelations it is fair to state that they serve a great purpose and have much merit.

Article 2 of the Hague Convention states that it shall apply to all adoptions between two contracting states. Applicants proposing to adopt a child from Hague Convention countries must be satisfied, therefore, that the adoption documents comply with the terms and conditions of the convention prior to the processing and finalisation of the adoption. Applicants should make inquiries in the country of origin with the accredited agents and with the national central authority of that state. In effect, this places the onus on the adoptors to satisfy themselves that the correct procedures are being adhered to.

It is extremely unfortunate that recent high profile issues relating to foreign adoptions have brought this matter on to the front pages of our newspapers. I use the word "unfortunate" because it reflects the lost opportunity for prospective adoptive parents to bestow joy and love upon children they might wish to adopt. I have first-hand experience of the kind of joy and love a child can bring to a family. I have met two families which have enjoyed fulfilling experiences when they adopted children, via the correct procedures, from Vietnam and Mexico. When done within the parameters set down in the prescribed regulations, the adoption process may at times appear long. It is a commendable, robust and upstanding process, placed at the centre of which has always been the best interests of children. The recent events that gained public attention and led to front-page newspaper headlines only serve to reinforce the value of the Hague Convention and illustrate that the correct procedures are in place and have served so many Irish families and, in particular, children so well.

As much as I applaud the robustness of the system in place, that system still does not mask the fact that there are babies for sale throughout the world. The fact that this reprehensible practice is followed should further strengthen the resolve of potential adoptors to use the correct channels and never deviate from the protocol that has been established. Conducted correctly, the adoption process is joyous, wonderful and fulfilling. It should be the focus of people seeking to adopt and they should never, no matter how tempted they might be, seek to deviate from the official path. Potential parents should only consider adopting from countries that have embraced the Hague Convention.

I remind the House and the people of the mission statement of the Adoption Authority of Ireland, which says "We will work to achieve excellence in adoption and adoption related services, with the best interests of children as our primary consideration". Every person who engages with the adoption process should bear those words in mind.

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