Seanad debates

Friday, 20 December 2013

Adoption (Amendment) Bill 2013: Second Stage

 

10:50 am

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

I thank Senators for their responses to the legislation I have proposed today. I note the great care they have taken in their responses to the families that have been in touch with them. I pay tribute to the serious way in which Senators have approached the situations in which these families find themselves. They have approached this legislation in the same manner. I welcome the comprehensive nature of this debate. When we talk about adoption, it is important that we look at it in the round. It has been pointed out this morning that this country has some obvious historic issues with regard to adoption. We have to be sensitive to the possibility that those issues could be applying in other countries at present. When I was drafting this legislation, I had to be cognisant of our obligations under the Hague Convention. The key question of standards arises in this context. We are aware that a lack of informed consent has done some damage in the past. As a result, many Irish people are now searching for their identities, which can be quite difficult. We are bringing the records together. We are doing our very best. However, I have received very strong legal advice to the effect that we will not be able to bring in retrospective legislation with regard to the issue of identity. It seems that the mother's right to privacy is stronger than the right to identity. Nevertheless, we will do as much as we can with the legislation in question. I look forward to the debate on it.

Some issues changed dramatically as a result of the 2010 Act. It enabled us to sign up to the Hague Convention. It led to a dramatic change in the opportunities for Irish couples to adopt in other countries. Unlike other countries, we have to negotiate bilateral agreements. We are trying to negotiate such an agreement with Russia at present. I have been to Moscow and had detailed discussions. We are trying to do that. Bilateral agreements are very complex instruments. Our legislation says that if families are to adopt from non-Hague countries, we must have a bilateral agreement with that country. I would welcome informed discussion on that when we are reviewing the adoption legislation. I think there are real issues about whether the needs and best interests of children who are available for adoption are being met. I refer to children who do not have parents, or have been abandoned completely, and are facing life in institutions. I have seen abandoned children in such institutions in a number of countries in the last year.

We have to examine the international instruments that may or may not inhibit or help the adoption process. I think we should examine the insertion of bilateral agreements in the 2010 Act. I have an open mind on it. I understand that protection is necessary. Equally, I believe that if we are seriously thinking about putting the best interests of the child at the centre of this process - if we believe they should be given a second opportunity for family life - we have to look at national and international instruments, particularly those that are built into the 2010 legislation. Having said that, it is right to abide by the Hague standards. Countries can abide by those standards without the need for bilateral agreements. That is a topic for another day. I am putting it on the table for discussion at a future point. We have had detailed engagement with a number of countries. Now that we have an agreement with Vietnam, for example, adoptions from that country will start to come through very shortly for the first time.

Some 200 couples on the list have been waiting to adopt from Vietnam and there have been many disappointments along the way.

Inter-country adoption is changing and the number of such adoptions is in dramatic decline in Europe, whereas surrogacy is on the rise. Inter-country adoption is a complex and difficult process. Other countries are facing issues that we faced in the past. Circumstances are changing and the agencies which were previously in a position to support adoptive parents because of the number of adoptions being completed are no longer financially viable. A similar process is under way in this country. All of these factors are playing a role and the review of the Adoption Act will provide an opportunity to discuss many of these issues.

A number of Senators asked about the timeframe. While I acknowledge what has been said about long delays in assessments, the position is changing. The small number of children available for adoption means, however, that notwithstanding quicker assessments, the problem persists. It is very sad to meet many parents who have been in the adoptive process for long periods. Some of them are ageing out, as it were. Practice is not as it should be in terms of the ageism that applies in this area. Having taken advice, we believe one year should be sufficient to allow the families concerned to complete their adoptions.

The adoption process is changing and the purpose of this legislation is to facilitate families who have been caught up in the process and impacted by the change in Russia. The Adoption Authority of Ireland will have an implementation plan and will provide advice on its website to ensure couples are able to make an informed decision on whether to proceed with adoption. I thank Senators for their co-operation and interest in this issue. It is appropriate that we had such a wide-ranging debate because changes of this nature make a statement, rest on certain assumptions and impact on other issues. We have stated we wish to remain within the Hague Convention and the standards therein.

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