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

The Adoption Act 2010, which entered into force on 1 November 2010, gives force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. The Act was written against the backdrop of the Hague Convention and a commitment to improving standards as outlined in the convention. The Hague principles of subsidiary, support for birth families, free and informed consent for birth parents, and international adoption as a resource for the permanent care of children, are a means for improving standards in inter-country adoption and mitigating against some of the risks.

There are two existing legislative commitments in the adoption area. The adoption (amendment) Bill, which is to be progressed on foot of the children's referendum, proposes to address the adoption of children of marriage. The second piece of adoption legislation which is being prepared is the adoption (tracing and information) Bill. As I have stated previously, complex issues arise. Recently I received the extra piece of legal advice for which I had asked the Attorney General, and it is my intention to bring the heads of the Bill before the Government at the earliest possible date to seek approval to refer the legislation to the Oireachtas Joint Committee on Health and Children for discussion. Yesterday I met individuals and organisations representing people who have been adopted, and I told them that referring the Bill to the committee for a full discussion would be very useful. I expect many of the organisations will give evidence to the committee.

The Adoption Act 2010 has been in operation for three years since it was brought in by the former Minister of State, Barry Andrews. This is not a very long time but it is complex legislation and some issues have arisen. It is timely to consider a review of some of the policy matters that arose in the Act.

Additional information not given on the floor of the House

Issues that I believe should be addressed in such a review include step-parent adoption; the rights of birth mothers and also birth fathers; issues relating to the right to an assessment; the age limit of prospective adoptive parents; the tenure of declarations of eligibility and suitability; issues relating to the habitual residence of applicants; the possibility of introducing open adoption; and various operational matters such as the composition of the Adoption Authority of Ireland. I accept that many of these issues raise significant legal and policy questions which would need to be resolved not just within the Adoption Act but also within the broader framework of family law relating to parentage and guardianship. In this regard, I am also actively working with my Government colleagues, including the Minister for Justice and Equality, Deputy Alan Shatter, to actively examine how legislative changes can be made in this broad area.

Since taking office I have made improvements to the operation of the adoption process without the need to amend legislation following consultation with the Adoption Authority of Ireland and the Health Service Executive. In particular, I have streamlined the assessment process for those seeking to transfer from declarations of eligibility and suitability to adopt which are due to expire before 31 October 2013. Furthermore, I have moved to address the issue of the sustainability and funding of accredited bodies. In this matter, interim funding has been provided to specific bodies and I am seeking agreement from these agencies on a pathway to securing a sustainable model for accredited bodies in the future.

See this speech in context