Seanad debates

Tuesday, 17 February 2009

Adoption Bill 2009: Second Stage

 

6:00 pm

Photo of Paul BradfordPaul Bradford (Fine Gael)

I welcome the Minister of State to the Chamber and I am glad that the Seanad is the vehicle being used to debate this very important legislation. My expertise in this regard is far from perfect and I am disappointed that we did not have an opportunity to prepare in more detail. However, I offer my support for the concept of the Bill and put on record my admiration for all those involved in the adoption process, parents, children and the various societies. I recognise the tremendous social good being done. In whatever legislation we put in place we must try to ensure that maximum possibilities for adoption are afforded and that in every possible way we remove the difficulties that were in place heretofore and try to simplify the procedure.

The queries on adoption, in particular, foreign adoptions, that I have received in recent years stem from administrative difficulties. I appreciate this is not only a sensitive but a difficult legal area. I regret to say that the most frequent complaints I receive from prospective adoptive parents relate to the way in which they are dealt with by certain staff at Health Service Executive level. Many barriers are put before them and much cold emotional argument is presented. The way in which we deal with adoptive parents may not be as warm and welcoming as it should be.

There is a nice little phrase in the presentation pack we received, namely, that the purpose of adoption is to provide a family for a child, not a child for a family. For that equation to add up we must support and encourage the family. People who decide to become adoptive parents are extraordinary in every respect. They are positive, good and well-meaning and we must try to facilitate them. By definition, the adoption procedure must be very thorough and lengthy and all the necessary questions must be asked. My hope is that we will approach the asking of those questions and the putting of people through all the questionnaires, investigations and social work reports from a positive and welcoming perspective rather than by putting up barriers. The people who have come to me over the years talk about barriers being high and difficult to overcome, and that is disappointing. I hope this legislation will help in that regard.

I did not hear much of the debate today because I was at other meetings. I am sure a broad range of arguments was put forward. We must recognise that in our very complex world, not only in Ireland, the perfect is often the enemy of the good. It is difficult to strike the right balance but we must try to make adoption more accessible and to increase the number of children lucky enough to end up with adoptive parents. There is the tragedy, not only domestically but internationally, of the millions of unborn children who are aborted. That is a debate for another day and another place. We must try to present the option of adoption in a positive way and make it easier for adoptive parents and birth mothers.

In the Minister of State's speech one or two issues struck me as being worthy of much more serious debate on Committee Stage. Part 7 was one such example and, at the end of her contribution, Senator Corrigan referred to that Part also, namely, how the High Court may authorise the authority to grant an adoption order in favour of applicants if it is satisfied that the child's parents have failed in their duty towards the child. That section must be examined in great detail because it appears to be a major departure. As I stated, I am in no way an expert in this field and I cannot say whether this section is a help or a hindrance, but it appears to be a very strong and new approach. Senator Corrigan mentioned that it was discussed at the Joint Committee on the Constitutional Amendment on Children. I look forward to a debate on this matter on Committee Stage because it is very important. I draw attention also to Part 4 and the arrangements contained therein. We will talk about this at more length on Committee Stage.

Senator Buttimer referred to the issue of age, the so-called grandfather clause. Again, in occasional constituency queries, people have expressed concern and disappointment that, because of their age, they were not eligible to apply to be adoptive parents. How will the Bill respond to those concerns? Over the past decade or so the trend has been that parents are older at the time of the birth of their first child than was the case 15 or 20 years ago. Perhaps the age limits for adoptive parents should reflect that broader change in society. We should try to respond to this. I am told by people who are much more expert in the field than I am that we must aspire to the Hague Convention. It is welcome that we will be in a position to sign up to it, bringing greater legal clarity and certainty. I am also told about the short-term difficulty concerning the adoption of children from the former Soviet Union, mainly from Russia. The Minister responded to some parliamentary questions on it in October and November but each Member here is aware of families in their areas who have adopted Russian children in recent times or who wish to do so. I hope the necessary passing of this legislation will not make it more difficult for those people. I am sure this question has already been asked and the Minister will respond, but I look forward to a broader debate in that area.

My brief and inadequate summary is that I welcome the legislation. It is the right thing to do. As a society which still values families and proclaims that the family unit is the best way for society to grow and for children to be reared, it is very important, notwithstanding all the safeguards necessary for the parents, birth parents and children, that we encourage the adoption process and make it as understandable and achievable as possible. The legislation will be a step in that direction.

I look forward to the wider debate on Committee Stage, when, hopefully, my colleagues and I will be in a stronger position to deal with the sections in more detail and ask the pertinent questions. We all stand on one side of this question in that we strongly support the concept of adoption. We want to encourage it. We see it as very beneficial to society and if the Bill makes it more straightforward from a regulatory point of view, that is very positive. I thank the Minister for bringing it before us and we look forward to his concluding words here on Second Stage and, more importantly, his engagement with us on Committee Stage.

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