Dáil debates

Thursday, 19 December 2013

Adoption (Amendment) Bill 2013: Second and Subsequent Stages

 

4:15 pm

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein) | Oireachtas source

I am pleased to have the opportunity to speak on this legislation, which is a positive step. We are happy to facilitate its passage. We are all familiar with the background to it. It has been discussed on numerous occasions with the Minister, in both the Dáil and Joint Committee on Health and Children. The change to the Russian family code came into effect on 3 July last. The effect of the change, when taken with existing Irish legislation, related the period for which a child must remain on the federal register in Russia before becoming available for foreign adoption. Clearly, this created great concern among the families seeking to adopt from the Russian Federation. Those with great hopes of starting a family or adding to their family the great blessing of a new child were put under risk. Many of us were lobbied by the families affected, whom I know were distressed and concerned.

I commend the Russian Irish Adoption Group, which lobbied intensively to ensure the issue became known and discussed at political level and to seek a solution to this difficulty. There were considerable discussions with the Russian authorities in this regard in order to see a resolution. I commend those concerned on their efforts.

It is a welcome step that the Minister has taken, and I am glad she has listened to the concerns expressed by the ordinary families and Members. The purpose of the Adoption (Amendment) Bill 2013 is to extend the period of declarations of eligibility and suitability that apply to the Russian Federation for one year to 31 October 2014 for those prospective adoptive parents who held such declarations on 31 October 2013.

Adoption has the potential to transform the lives of both the adoptive parents and the child. It is essential that the highest standards are observed in adoption procedures and that there be full compliance with international best practice, both in terms of approving adoptive parents and ensuring the standards in the country of the adoptee are appropriate and in line with human rights norms. It is wonderful to be able to offer a child the opportunity to find a new family to grow up with, to be cared for and to be looked after. Similarly, for adoptive parents, it is extraordinarily wonderful to be able to see and start a family, particularly where it might not otherwise have been possible. Adoption, with the appropriate safeguards, can be life changing. That is why it would be tragic for the adoptions of the families in question to fall through. I commend the Minister on dealing with this to the greatest extent.

However, as Deputy Ó Caoláin pointed out, a small number of prospective adoptees may yet be disadvantaged. I ask the Minister to consider this. While there was a deadline of 31 October for many prospective adopters with pre-2010 declarations, a small number of prospective adopters who had intended having their adoptions completed by this deadline are in a difficult position. They will no longer be able to complete their adoptions in the required timeframe through no fault of their own but as a result of the unexpected changes in Russian family law. This is not resolved by this Bill. I am aware that many of the families have got to know the children in question. They have been to Russia and they and the chidden are practically families.

Irrespective of the size of the categories of affected families, it would be tragic if the adoptions in question were not to happen. One should place oneself in the position of a small Russian girl or boy who has been so much looking forward to life with a new family, or in the position of a couple seeking to start a family. It would be awful if their hopes were dashed.

What is required is an amendment to the 2010 Act to allow for adoptions already in train to be finalised. I implore the Minister to consider this. That point aside, the Bill is welcome. We support it and wish all the families who can complete their adoptions very happy lives with their new children.

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