Dáil debates

Wednesday, 13 February 2013

Topical Issue Debate

Inter-Country Adoptions

3:35 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour) | Oireachtas source

I thank Deputy Ó Fearghaíl for raising this important issue. I apologise for the fact the Minister, Deputy Frances Fitzgerald, cannot be present. I have a tenuous relationship with the adoption process in Vietnam in that I met the authorities from Vietnam when they were here last year. I visited Vietnam subsequently on a trade mission and met them again in another capacity and discussed the adoption process, so I know they are extraordinarily happy that it has been put on a proper structured basis.


In September 2012 the Adoption Authority of Ireland, AAI, and the Vietnamese Central Authority for Adoption signed an administrative arrangement on intercountry adoption. This is a significant milestone as it is the first international administrative arrangement for intercountry adoption entered into by the AAI and the Socialist Republic of Vietnam since both countries ratified the Hague Convention. The AAI has accredited two agencies to perform activities in regard to facilitating adoptions from Vietnam. One of these organisations, the Helping Hands Adoption Mediation Agency, is now in the process of applying for licensing by the Vietnamese authorities as an accredited body for the purposes of intercountry adoption in Vietnam.


The appointment of accredited agencies to facilitate intercountry adoption is in line with the requirements of the Hague Convention. However, there is no stipulation in the Hague Convention that such bodies should be state-funded. The Guide to Good Practice No. 1 for the Hague Convention states:

It is reasonable to expect that payments will be necessary for both government and non-government services connected with intercountry adoptions. Both receiving States and States of origin are permitted to charge reasonable fees for services provided.
Guide No. 2 elaborates on the type of costs that prospective adopters can be charged and on the need for co-operation between states in order to develop this transparency and monitor it on an ongoing basis. It also states: "The prospective adoptive parents should, to the extent possible, pay for all expenses involved in the adoption, through the accredited body".


Historically, intercountry adoption has involved a substantial level of expenditure for prospective adoptive parents, mostly emanating in the sending country. The increased level of scrutiny of the adoption process and the professionalism demanded at all stages of the intercountry adoption process, as required by the Hague Convention, has understandably led to increased costs. The Adoption Act 2010 envisages a model that incorporates the use of accredited agencies in both the sending and receiving country. The AAI has to date accredited three agencies for the purposes of intercountry adoption and these agencies intend operating in a range of countries. The AAI has advised the Minister, Deputy Fitzgerald, that it is not its intention, in the short term, to accredit any more agencies for this purpose.


With this in mind, the AAI and the HSE, in co-operation with accredited agencies, are examining the costs related to intercountry adoption in Ireland. Initial indications are that fees outlined by accredited agencies are in line with international norms. The Minister will ensure that actions taken by all agencies involved in this process, both governmental and non-governmental, are monitored so as to ensure transparency and cost-effectiveness. This will serve to protect prospective adoptive parents and all involved in intercountry adoption but, most importantly, to ensure the safety and welfare of children at the centre of the intercountry adoption process.


Helping Hands has previously received a total of €400,000 in lottery funding from the Department of Health and Children - some €100,000 in 2008 and €300,000 in 2007. In addition, Helping Hands has received funding from the HSE since 2009 in the order of €782,000 - some €297,000 in 2009, €280,000 in 2010 and €205,170 in 2011. The Minister, Deputy Fitzgerald, has asked the HSE to make every effort to secure the position of Helping Hands in regard to the immediate issue of its activities in Vietnam. She has been informed by the HSE that it will meet Helping Hands later in the week with a view to resolving the issue.


The Department of Children and Youth Affairs is currently reviewing policy in regard to the funding of accredited agencies in conjunction with the AAI and the HSE. While accredited bodies are required to be not-for-profit organisations, it is open to them to charge reasonable amounts for services provided to applicants. A number of issues in regard to accredited agencies are being examined by the Department in consultation with the AAI and the HSE. However, no decision in regard to future funding of accredited agencies has been made.

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