Michael McCarthy (Cork South West, Labour)

I welcome the fact we are debating this important issue in the House, and I welcome the Minister's commitment to this area. I have been championing this issue, in particular, the need to establish a bilateral agreement between Ireland and Ethiopia due to the latter country's inability to ratify the Hague convention. On the back of these efforts, the Minister, Deputy Fitzgerald, wrote to the Adoption Authority of Ireland in December giving approval for the commencement of the process of examining the feasibility of a bilateral agreement with Ethiopia. The authority has now commenced this process and, with the assistance of the Irish embassy in Addis Ababa, it has sought an expert legal narrative and description of the current Ethiopian adoption law. It will be examined by the Adoption Authority of Ireland to test for compatibility and compliance with the Adoption Act 2010. This represents a very significant milestone in seeking to promote relations between the Irish and Ethiopian adoption authorities. It follows ongoing efforts by me and others in recent months to highlight the plight of Irish people who are unable to adopt from Ethiopia.

The Adoption Act 2010 was an extremely welcome item of legislation which reflected in our domestic law the highest standards in the provision of adoption services and an undertaking that they be child-centred in all aspects. There are now broader issues to be discussed as regards the processing of adoptions for Irish couples who were deemed suitable to adopt under the new Act. In December, following several parliamentary questions I tabled to the Minister in this area, it transpired that although 178 declarations of eligibility and suitability were issued by the Adoption Authority of Ireland to Irish people wishing to adopt from abroad since the Act came into force, none of the couples had managed to bring a child to Ireland. The explanation given by the Minister, Deputy Fitzgerald, is that waiting times between the sending of an application pack and the actual completion of an adoption in sending countries can vary greatly and may extend to as much as three years or more in some cases.

I take this opportunity to draw attention to the absence of what is known as the grandfather clause in the Adoption Act. Such a clause would permit couples to adopt more than one child from the same country and was supported by the Minister for Justice and Equality, Deputy Alan Shatter, as the Bill was being passed through the House in late 2005. By enabling parents who have already adopted a child from one country to return to that same country it reduces waiting lists for other countries, thus benefiting first-time adopters. It also allows adoptive parents to complete their family from the same country of origin as their other child or children. The omission of a grandfather clause in the legislation is not in the best interests of existing adopted children, with all the academic research and experiences of adult adoptees pointing to the importance of ensuring a child's racial heritage is fully valued and expressed in his or her family life. To have a sibling of the same racial heritage can only add to each child's personal and shared experience of his or her racial heritage.

In 2005 the then Minister of State with responsibility for children, the late Brian Lenihan, indicated that a grandfather clause would be included in the Adoption Bill. In its 2005 annual report, the Adoption Board also reported its inclusion. However, in the end, a decision was made not to include the provision on the basis that it would represent a considerable dilution of the intent of the legislation in terms of setting improved standards for inter-country adoption. Will the Minister, Deputy Frances Fitzgerald, examine the possibility of re-opening the issue of the grandfather clause? It would be much better for siblings to share a birth country rather than being from individual countries which may be continents apart. There are additional aspects to a shared racial heritage, even down to having a sibling who shares one's physical characteristics. All of this goes towards helping a child to have a strong identity and to feel comfortable in his or her skin.

See this speech in context