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

The Deputy is raising an individual case. As he knows, responsibility for individual inter-country adoption lies with the Adoption Authority in its capacity as an independent, quasi-judicial body established under the Adoption Act 2010. It is a matter for the Adoption Authority to ensure all adoptions are carried out in accordance with the provisions of the Hague Convention. I have asked, however, that the individual issues raised by the Deputy in this instance be responded to by the Adoption Authority as soon as possible.

While adoptions ceased from Vietnam between 2009 and 2012 - they have recently recommenced, I am glad to say - some applicants may have chosen to undertake a foreign domestic adoption in Vietnam. In such cases, the residency requirements of the 2010 Act provide that both adopters must be habitually resident in the country of adoption at the time of the adoption being effected. This differs from an inter-country adoption, whereby both applicants should be habitually resident in Ireland while the adoption is effected in the sending state. The Adoption Authority has advised me that for the purposes of defining "habitual residence" for the recognition of a foreign domestic adoption pursuant to section 57(2)(b)(i) of the Adoption Act 2010, where a child is jointly adopted by two adopters, both adopters must be habitually resident in the country of adoption at the time of the adoption being effected.

The registration of all adoptions is a matter for the Adoption Authority and it is not open to me to intervene in individual cases. I have no powers to do so and it would be inappropriate. These matters are often very complex. In such circumstances, it is often beneficial for the applicants to have independent legal advice in order that they are fully informed about the constraints within which the Adoption Authority must make its decisions. I do not know whether the couple in question has such advice.

Overall, there has been significant progress in inter-country adoption relationships between Ireland and Vietnam. We have signed the administrative agreement with Vietnam. It is the first such agreement entered into by Ireland and Vietnam since both countries ratified the Hague Convention.

See this speech in context