Paschal Donohoe (Fine Gael)
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I thank the Cathaoirleach for selecting this issue for discussion on the Adjournment and I thank the Minister of State, Deputy Martin Mansergh, for coming to the House to respond. The problems being experienced by couples seeking to adopt children from abroad have been comprehensively discussed in this House, with much of the debate focusing on the situation as it pertains to Vietnam. Much work has been done by the Government in this regard and there has been a thorough questioning of that work by Members on this side of the House.

The focus of this Adjournment matter is the situation of families seeking to adopt children from Ethiopia. My understanding of this issue has developed in recent days and it is clear that it presents a very different scenario from that associated with Vietnam. The situation in which these couples find themselves has not featured in public debate to anywhere the same extent as that of prospective parents hoping to adopt children from other jurisdictions. My purpose in tabling this matter for discussion is to attain clarity on the position of adoptions from Ethiopia in the context of the Adoption Bill 2009 and the discussions in which the Government is engaged with representatives of two countries.

I have three particular concerns which I hope the Minister of State will address. The first relates to the nature of transitional agreements that may be drafted with Ethiopia, if such are drafted, prior to enactment of the legislation. There has been significant discussion regarding transitional agreements with other countries, but the nature of any planned transitional agreement with Ethiopia is something of which there is less understanding. I hope the Minister will clarify the situation in regard to couples who are seeking to adopt from that country and have gone through all the stages of the adoption process before the new legislation is implemented.

My second question relates to the content of the legislation. My understanding is that one of the conditions for countries to participate in the new arrangement is that they be signatories of the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption. Ethiopia currently is not a signatory to the Hague Convention. In preparing for this debate this evening, it became apparent to me that the stipulation that a country be a member of the Hague Convention for adoption processes appears to be a more demanding criterion than those laid down for many neighbouring countries. In the context of the proposed legislation being brought forward by the Government, what will be the situation of couples who are looking to adopt out of Ethiopia if that country is not a signatory to the Hague Convention?

In recent statements, the Minister of State has indicated that families who are some way along the adoption process will be offered an arrangement to ensure they are not left high and dry at the end of all of this. The couple I have mentioned have gone through every stage of the process. They have been cleared by the authorities in Ireland, they have been supported by the HSE, they are in contact with the orphanages in Ethiopia, but a child has not become available to them for adoption.

My contribution up to this point has been very technical because I am talking about conventions and transitional agreements. However, the human element of this was brought home to me when I spoke to the family in question. They showed me the work they had done to become suitable to adopt a child from Ethiopia. One of the things they needed to do was to demonstrate to the HSE that they had built up a sensitivity of what it would be like to adopt a child from that country so that when they are bringing up the child they will be aware of the culture from which the child came. This family had gone along to the Ethiopian new year celebrations and had met the Ethiopian ambassador. It is heart rending to find the family in question really confused about where things stand and facing the dilemma that at the end of all this, they might not be able to adopt the child and give it a better life.

Martin Mansergh (Tipperary South, Fianna Fail)
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I will be taking this Adjournment matter on behalf of the Minister of State with responsibility for children and youth affairs. I am familiar from experience in my constituency with the issues surrounding adoption from Vietnam, and I know about the strong desires and emotions involved. I hope this reply will throw some light on the Senator's concerns.

The Government's objective on adoption is to provide a regime in which the child is at the centre of the adoption process, be it an inter-country or a domestic adoption, and that adoptions are effected in a manner that is legal, safe and secure. The most important development in achieving that objective is the development of an appropriate legislative regime that recognises the changed and changing global situation vis-À-vis adoption over the past 20 years. The Adoption Bill 2009, which was published on 23 January and which includes the regime of the Hague Convention, provides an assurance for individual children, their families and the State that appropriate procedures have been followed and that the adoption was affected in the best interests of the child. A core principle of both the Adoption Bill 2009 and the Hague Convention is that the child's interests must be paramount.

The Hague Convention, which is given the force of law in this Bill, effectively puts in place an agreement between states to regulate the standards that will apply in each jurisdiction. It is to put in place safeguards to ensure acceptable standards are being applied in other countries over which, of course, we have no jurisdiction. We are encouraged at the progress that has been made in the past year, including the publication of the Bill and its passage through the Seanad. The Minister of State hopes to bring the Bill into the Dáil in the coming weeks and he remains hopeful that Ireland will finally ratify the Hague Convention early in 2010.

Ireland does not have a bilateral agreement in place with Ethiopia for the adoption of children from that country. Consideration of this matter is at an early stage and, unfortunately, has been slow because of the workload involved in trying to advance the case in Vietnam. While the Minister of State hopes to make further decisions regarding progress in these areas in the not too distant future, it will be carried out in the context of the legislative system envisaged in the Adoption Bill 2009.

The Bill is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation is designed to provide a framework to ensure appropriate procedures have been followed and all adoptions are effected in the best interests of the child. Chapter 3 of the Adoption Bill 2009 sets out extensive provisions regarding non-contracting states and mirrors precisely the standards required for the Hague countries. There is no prohibition on adoption from non-Hague countries. However, such adoptions must be carried out in the context of a bilateral agreement. This applies in the case of adoptions from Ethiopia and other countries that have not yet ratified the Hague Convention and would seem unlikely to do so in the immediate future.

The current policy position, as set out in the Adoption Bill 2009, is that for an adoption to be registered under the Bill, it must be effected in a country with which Ireland has a bilateral agreement or have been effected prior to the commencement of the new law. This is to ensure a single standard applies and that applicants can have some degree of confidence in the systems in place in the sending country. It provides a protection for children, their parents and their adoptive parents and it is a minimum standard the Minister of State is not prepared to dilute.

The priority for those families who want to adopt from Ethiopia is the advancement of a bilateral agreement. Department of Health and Children officials have been in regular contact with embassy staff on the ground in Addis Ababa over the course of 2009. With embassy assistance, they have been gathering information and liaising with other countries on arrangements they have in place for inter-country adoption from Ethiopia. The Minister of State has indicated his objective to achieve further progress in this regard over the coming months.

There are considerable legal complexities involved which are already under consideration. More importantly, it must be recognised that the Department of Health and Children is working with another sovereign state and must be mindful and respectful of the views of that state.

The Minister of State is considering submissions made on inter-country adoption and the Adoption Bill 2009 by a number of representative groups and has further meetings scheduled. He is also acutely conscious of the concerns of prospective adoptive parents, and over recent months has met regularly with both individual prospective adoptive parents and representative groups.

The Minister of State is deeply aware of the angst, frustration and emotion that prospective adoptive parents continue to experience at this time and has communicated at every opportunity updates on these matters. He is committed to continuing with this process.

Paschal Donohoe (Fine Gael)
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I thank the Minister of State for the response. It contains some information that will be of help in responding to the family and people in a similar situation, especially the clarification regarding what the outcome might be for non-Hague countries once the legislation is published. It is a helpful response.