Barry Andrews (Dún Laoghaire, Fianna Fail)

The next group of amendments provides further clarification of provisions in the Bill. Amendment No. 11 deletes the phrase "effective outside the State" because, in the case of domestic adoptions effected outside the State, section 34 is not applicable. Following this amendment, section 34 applies to the recognition of intercountry adoptions or the making of an adoption order. The suitability of applicants for adoption in a domestic adoption effected outside the State - section 3(1)(b) defines an intercountry adoption outside the State - is a matter for the jurisdiction in which the adoption was made. The adoption authority would not seek to question the suitability of adoptive parents who had effected a domestic adoption in another jurisdiction. The amendment will ensure also an adopted person or a person with an interest in the matter under section 90 will not be obliged to meet the eligibility criteria for prospective adoptive parents set out in section 34, that is, the section only applies to adoptive parents' eligibility and their suitability.

Amendment No. 12 ensures persons appointed by the HSE who are not employees of the HSE will have knowledge and experience related to the purpose of the committee. The HSE has a statutory responsibility to appoint the membership of adoption committees and is required to ensure the adoption committees are fit for purpose.

The purpose of amendment No. 13 to section 57 is to make it clear that, in the case of an adoption referred to in paragraph (b) of the definition of intercountry adoption effected outside the State, parents must be habitually resident in the state in which the adoption is effected at the time the adoption order is made. This requirement for habitual residence in the state in which the adoption takes place is for foreign domestic adoptions. Where the adoptive parents are living in another jurisdiction and adopt in that jurisdiction, they may apply to the adoption authority for recognition of the adoption.