Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Deputy Charles Flanagan for raising this issue and appreciate the reasons he has done so. I assure the Deputy I am addressing this issue.

The Hague Convention and Adoption Act 2010 are designed to provide a framework to ensure all adoptions are effected in the best interests of the child and to the highest possible standard. The interests of the child must be paramount throughout the adoption process. This is best achieved through the full implementation of the highest national and international standards governing adoption practice. The Hague Convention provides a set of minimum standards which are designed to ensure good practice based on the principles of subsidiarity and consent and a requirement that no money should change hands. Inter-country adoption is not without risk. It is for this reason that the principles, as set out in the Hague Convention, were developed.

Currently, the costs related to inter-country adoption have mainly been charged by agencies, both state and private, in the sending country. The Adoption Act 2010 envisages a model which incorporates the use of accredited agencies in both the sending and receiving country. In some instances, however, this may be the same agency in both countries. The Adoption Authority of Ireland, AAI, has accredited three agencies for the purposes of inter-country adoption. These agencies intend operating in a range of countries.

With the signing of the Hague Convention, the position as regards inter-country adoption changed dramatically and extremely difficult transition issues have arisen, particularly for prospective adoptive parents in this country. It is written into our legislation that we cannot have inter-country adoption with countries that have not signed the Hague Convention, except where we have a bilateral or an administrative agreement with the country in question. Serious difficulties, including constitutional issues, arise in respect of many of the countries with which we are seeking to develop bilateral agreements and administrative arrangements. I am addressing these and other issues arising from the sudden transition caused by the signing of the Hague Convention. I am advised that Ireland is one of only a few countries which wrote the convention into their adoption legislation. This decision has made for considerable difficulties.

As I stated recently in response to parliamentary questions on issues related to the level of fees, I am aware that a number of prospective adoptive parents have recently been asked to pay substantial fees to an accredited body within a short timeframe. I met the individuals in question some weeks ago and discussed with them the issues the Deputy raises. I have asked the Adoption Authority of Ireland to address with the relevant adoption agency the issue of requiring fees to be paid up front. It should be possible to pay fees over a longer period. The authority, with the assistance of its auditors, is examining a number of issues related to accredited bodies, including an examination of levels of fees being charged by Irish agencies vis-à-vis international norms. The auditors will also report to the Adoption Authority of Ireland on the proposed payment schedules by accredited bodies.

I am aware that a number of couples have been caught, so to speak, in the transition phase as they paid money previously, for example, in Bulgaria, and are now being asked to pay here. I have asked the Adoption Authority of Ireland specifically to examine the position of these couples to ascertain whether arrangements can be made to facilitate them. They entered the adoption process in the expectation of incurring a certain level of costs. They did not anticipate that costs would reach the level required of them, which is creating a significant difficulty. I will examine this matter.

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