James Reilly (Dublin North, Fine Gael) | Oireachtas source

I thank the Deputy for raising this issue. The Adoption Act 2010 provides for intercountry adoptions from countries that have ratified the Hague Convention on adoption and from countries with which Ireland has a bilateral agreement. Currently, adoptions are taking place with countries that have ratified the convention, having agreed to adhere to the standards of the convention. The Russian Federation has not ratified the convention and therefore a bilateral agreement involving both governments is necessary. This make the process of agreeing an intercountry adoption system much more difficult and time-consuming. Efforts have been ongoing on a bilateral agreement on intercountry adoption between Ireland and the Russian Federation for a number of years. There has been a number of meetings with officials from the Department of Children and Youth Affairs and a delegation from the Ministry of Education and Science of the Russian Federation regarding a draft bilateral agreement on intercountry adoption between Ireland and the Russian Federation. The Office of the Attorney General has also provided advice to the Department on the draft agreement.

I know there are difficulties for parents. The Russian authorities have sought assurances about post-adoption reporting that raise legal difficulties for Ireland. In this context, the Irish Constitution protects the integrity of family life and, once adopted in Ireland, the child is treated as if he or she is the natural child of the adoptive parents. People in this House would agree with that process. This means there is limited scope for the State to intervene in a family when a child’s welfare and protection is not compromised. In these instances, the State has no legislative power to enforce compliance with legal or other commitments to provide post-placement reports given by Irish families to the Russian authorities. This and a number of additional issues require further clarification, which must be addressed so as to ensure that further discussions on other aspects of the bilateral agreement are beneficial. Efforts are ongoing in my Department in progressing this work and I will do everything possible to advance this matter. However, the difficulties raised by the issues outstanding should not be underestimated. I will keep continued contact with the Russian Irish Adoption Group to keep the group informed of developments.

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