John Halligan (Waterford, Independent)
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5. To ask the Minister for Children and Youth Affairs if she will review an application to the Adoption Authority of Ireland for the registration of a child adopted from Vietnam in October 2012 who is now registered and residing here (details supplied); if she will confirm that at the time of this adoption both Vietnam and Ireland had signed up to the Hague and a bilateral agreement that had been put in place by her; if she will consider directing the Adoption Authority of Ireland to progress the registration of this child on the basis that their parents were in full compliance with the 1991 Act in view of their adoption process having began prior to the 2010 Act being introduced (details supplied); and if she will make a statement on the matter. [6695/14]

John Halligan (Waterford, Independent)
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I believe the Minister already is familiar with the details of this unusual case in which the parents of two children adopted in this country from Vietnam find themselves in legal limbo. During the adoption process, the couple in question did everything asked of them to comply with legal requirements. However, in the case of their second child, there was a change in legislation during the adoption process, which means they now are prohibited from registering the adoption on the register of inter-country adoptions.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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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.

John Halligan (Waterford, Independent)
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I thank the Minister for her response and intervention. The application was made in good faith by the couple, who at all times intended to satisfy fully all the requirements. This included the mother moving to Vietnam with her eldest child to live and work there for a year. However, unknown to the couple, when they were in Vietnam the requirements were altered in the Adoption Act 2010. A new requirement was that both parents needed to be in the country. One was already in the country at the time the legislation was changed. The couple have done all in their power to comply. On the legal question, the only avenue for appeal open to the family, according to Minister, is a High Court application. The family is very sincere and has spent an enormous amount of money living in Vietnam over a period of two years. It really does not have the finances to appeal to the High Court. I appeal to the Minister on behalf of this sincere family who did not intend to work outside the legislation but who were caught by a legislative change when in Vietnam. The Minister might intervene on the family's behalf.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I have asked the Adoption Authority to respond. I ask the couple to make all the information the Deputy has put on the record available to the authority. The authority has to take full account of the law as it stands, and it must take into account the best interest of the child in any decision it takes. I do not have the power to intervene in individual cases but I have asked that the various matters and the individual issue the Deputy raised be responded to by the authority as soon as possible.

John Halligan (Waterford, Independent)
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I thank the Minister. I am happy with her response and will await the response of the Adoption Authority.