Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

I am pleased to have the opportunity to address the Seanad on this issue and I thank Senator Mooney for raising it. In the course of the few moments available to me, I will inform the Seanad of how the landscape has changed in respect of inter-country adoptions and provide a better picture of what inter-country adoption might look like in the future.

The decrease in the number of inter-country adoptions worldwide in the past decade has been substantial. The total number of children adopted into the top 12 receiving states in 2004 was greater than 43,000. By 2011, however, this number had decreased by almost 50%. One of the major catalysts for the changed landscape of inter-country adoption has been the worldwide implementation and adherence to the principles of the Hague convention on adoption, which has been central to the development of inter-country adoption worldwide and to ensuring that the core values of inter-country adoption are those that protect children. When we recall some of the practices of the past in our own country, for example, informal adoptions, we can appreciate the need for strong legislation and an international child-centred approach to adoption. It allows for a transparency in the inter-country adoption process that, in the long run, protects all involved, most especially the child.

Economic and social change in those countries that have traditionally been sending countries for inter-country adoption has also had an impact. Children are being adopted domestically, not only because the convention's principles demand it, but because the economic circumstances of developing Third World economies enable domestic adoptions. This has led to a change in the age and needs of children in need of adoption. If the core Hague principles, such as informed and considered parental consent and subsidiarity in the adoption processes, are adhered to, the age and needs profile of children who become available for adoption will continue to change.

The issue of the adoption of children with additional needs, medical or age-related, or with needs related to the transition from long-term foster care is being given consideration in Ireland.

The assessment of the needs of these children must be comprehensive and transparent if their needs are to be served effectively by the inter-country adoption process and met by the receiving country. The needs of the older child may also present challenges. To address such challenges, prospective adopters need guidance, advice and assistance before, during and after the adoption. However, there is still a continued need for inter-country adoption. While the principle of subsidiarity is vital, there are children throughout the world who would benefit from inter-country adoption. The benefits are not just for the child and family concerned but also for the fabric of Irish society. These children have a valuable contribution to make and it is imperative that the Hague Convention, in its operation, works to assist them in that process as much as it works to protect them.

My predecessor asked Dr. Shannon, in his capacity as chairman of the Adoption Authority of Ireland, to review the implementation and operation of the Adoption Act 2010, which allows for implementation of the Hague Convention in Ireland. I hope this review and my own consideration of the Act will allow us to address ways in which Irish legislation can fully adhere to the convention and the ways in which the Act can facilitate Hague Convention adoptions, while at the same time ensuring children in need of adoption can be placed in Ireland.

As I said, the total number of adoptions into the top 12 receiving states fell by almost 50 % between 2004 and 2011. The passing of the Adoption Act 2010 and Ireland's ratification of the Hague Convention have had similar implications for the number of inter-country adoptions in Ireland. While we are part of a worldwide trend, we need to keep our procedures and process constantly under review in order to ensure we achieve the best outcomes possible for the children concerned. I listened to what the Senator had to say and note, in particular, his remarks about countries such as Russia, Ethiopia, Vietnam and Bulgaria. I have already met some of the groups involved and will remain in close contact with them. I am sure the Senator will agree that adherence to best legal principles internationally and nationally is paramount in this regard. I have taken on board his comments on the Adoption Authority of Ireland and will communicate with him at an early date about my intentions in that regard.