Dáil debates

Tuesday, 21 February 2012

Inter-Country Adoption: Statements (Resumed)

 

6:00 pm

Photo of Tom BarryTom Barry (Cork East, Fine Gael)

Each year, hundreds of children from other jurisdictions are welcomed into Irish families and this tradition of inter-country adoption is in evidence throughout Ireland. It is a wonderful thing to do to offer a new life to a child who cannot be placed with a family in the country of his or her birth. However, I agree with the Minister that the rights of the children must always be at the top of the agenda, and by some distance, with regard to this issue. Ireland ratified the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption in 2010, on the same day the Adoption Authority of Ireland was established. We must be bound by this convention and must adhere strictly to its guidelines. In cases in which the country from which one wishes to adopt is a co-signatory, the processes are clear but as Members have discovered in recent months, there are some countries in which the processes are far more difficult and complex. This is the reason the existence and diligence of the Adoption Authority of Ireland is so valuable. The legislation of 2010 allowed for a transitional provision in cases in which a declaration of eligibility and suitability to adopt had issued prior to November 1 of that year but these adoptions from non-Hague and non-bilateral countries must always be guided by the expertise of the Adoption Authority of Ireland. Each process and procedure must be in the best interest of the child and to this aim, the highest national and international standards of governance regarding adoption procedures must be adhered to. One must adhere strongly to the Hague convention's guiding principle of subsidiarity, in which every effort must first be made to find a child a permanent placement in his or her own country. One must also adhere absolutely to the principle of supporting birth families in their decision and on ensuring absolute and informed consent. Moreover, one must avoid completely any situation in which money changes hands, beyond legitimate expenses, in the process of adoption.

Recent years have seen a decline in inter-country adoptions into Ireland. In 2003, the then Adoption Board registered 341 foreign adoptions, which rose to a high of 397 registrations in 2008. Since then, the number of registrations has declined somewhat and in each of the years 2010 and 2011, the number of registrations of inter-country adoptions totalled approximately 200. Since the enactment of the new adoption legislation in 2010, the Adoption Authority of Ireland has registered a total of 368 foreign adoptions. Of these adoptions, 244 registrations related to inter-country adopters resident in Ireland with declarations issued by the authority, while the remaining 124 registrations related to expatriates who were resident abroad and who were seeking recognition of adoptions effected abroad.

While inter-country adoption rates have fallen slightly in recent years, like many Members, I know families on a personal level who have adopted a child or children from outside the State. Members have seen at first hand the amazing and positive impact this has had on both the lives of the children and the families who adopt them. It is a long, painstaking and often agonising process for the families in question but a positive result of course is the ultimate reward. I urge anyone considering inter-country adoption to avail to the fullest possible extent of expertise and advice available from the Adoption Authority of Ireland, which is an independent statutory body and which delivers a comprehensive and integrated service of a high quality. Particular concerns exist in respect of Vietnam and I commend and congratulate the Minister on her trip to that country to oversee the work being done on the ratification of the Hague convention. This comprises progressive and hands-on governance at its best and I anticipate an easing of this process as a result of such political links being forged. Russia is another country in which there is a history of Irish inter-country adoptions and I welcome the news that an official delegation from Ireland recently visited there to hold preliminary discussions regarding the potential for a bilateral agreement. I hope this will be put in place soon.

This is a sensitive and complex issue and can be a highly difficult process for the families and the prospective parents involved. The moves that are being made at international level hopefully will remove the uncertainty and stress of this process for such families. However, at all times, all steps necessary to keep the welfare of the children at the top of the agenda must be adhered to. The HSE's suitability requirements for parents set out clearly what adoptive parents must be thinking and must be willing to do. The requirements include the capacity to safeguard the child throughout its childhood and to promote the child's development with a due regard to the child's emotional, social, educational, cultural and spiritual dimensions. They also include the capacity to provide an environment in which the child's original nationality, race and culture are embraced. The guidelines also recognise and understand the impact being an adoptive child has, which is highly important, as well as the capacity to arrange additional supports this child may require. This is important and not simply for inter-country adoptions because for many years, adopted children have had issues, some of which may have arisen from the fact that parents were not properly helped along the way. Moreover, for some reason I never understood, society had an issue with adoptions and a child always was referred to as being an adopted child when in fact the child was an integrated member of that particular family. A dramatic number of people are seeking information to try to trace their birth relatives at present and while all Members have recognised the unbridled joy of those people who get a child to mind and to rear, one must be cognisant of the situation that led to that child being put up for adoption in the first place. Consequently, it is good to see the HSE guidelines in this regard because they help the adoptive parents to recognise the pressures under which the birth parents were operating in the first phase and this leads to better integration in the longer term.

I heard recently that the Vietnamese ambassador visited Charleville, which is near my home, where he met a number of people who had adopted children previously and who were highly appreciative of his visit. Moreover, they are highly appreciative of the Minister's engagement on a positive level. As an open economy, Ireland should embrace all its connections and links with other countries and adoption offers a special link that cannot be ignored. It is important that while such a special link exists, one should try to make the most of it in a positive fashion and I thank the Minister and her departmental team for their positive engagement on this matter.

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