Colm Burke (Fine Gael)
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I thank the Minister of State for attending here to deal with this matter. I appreciate that the Minister for Children and Youth Affairs is not present as we had an early start at 9.30 a.m. for the Oireachtas Joint Committee on Health and Children meeting that dealt with the whole area of child care. I appreciate that Deputy O'Dowd has stepped in to represent her on this occasion.

My Adjournment matter deals with adoptions from India. I understand there is a difficulty at present and no agency has been appointed. The situation may have changed over recent weeks. However, people who want to adopt from India are concerned about setting up a proper structure. What progress has been made on that matter? If progress has not been made, when are we likely to see it? When will a formal arrangement or proper procedures be put in place?

Fergus O'Dowd (Louth, Fine Gael)
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I thank Senator Colm Burke for bringing the matter before the House. I am taking the matter on behalf of the Minister for Children and Youth Affairs.

The Republic of India has ratified the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption. As a contracting state under the Hague Convention, the Adoption Act 2010 provides that adoptions by Irish prospective adoptive parents may be made subject to Irish and Indian requirements being satisfied in line with relevant laws and the provisions of the Hague Convention.

It is a matter for contracting states whether they wish to impose restrictions on whether and how inter-country adoptions of citizens of that state may be effected. In this regard, the Adoption Authority advised that there remains a general moratorium by the Indian Central Authority on India accepting adoption applications from other countries other than in special circumstances. The authority has recently received an announcement from CARA that India is currently accepting packs from non-resident Indian prospective adoptive parents for the adoption of Indian children in the normal category. This means that India remains closed to non-Indian prospective adoptive parents at this time in respect of its normal categories of children. The Adoption Authority understands that CARA is accepting applications in respect of special needs children, which includes children over five years of age and sibling groups. The authority is attempting to establish from CARA a possible timeframe for the acceptance of application packs in the normal category from non-Indian nationals.

The Adoption Authority has advised that it is its position that it is necessary to have an Irish registered accredited body to facilitate inter-country adoptions from India in order to safeguard the process for the child and the adoptive parents. The authority has two applications for India from Irish agencies that are being considered. Any accreditation being considered by the authority can only apply to the Indian special needs programme at this time. The accreditation of agencies to facilitate adoptions is solely a matter for the Adoption Authority under law. The Minister for Children and Youth Affairs has raised, with the Adoption Authority, the likely timescale of reaching conclusions on these applications. I understand it is intended to finalise the process promptly.

The authority advises that it is the policy of CARA to impose the following age limits and age differentials. Again, they are a matter for the Indian authorities and are not specific to Ireland. To adopt a child in the age group of zero to three years, the maximum composite age of the prospective adoptive parents should be 90 years, wherein the individual age of the prospective adoptive parents should not be less than 25 years and not more than 50 years. To adopt children above three years of age, the maximum composite age of the prospective adoptive parents should be 105 years, wherein the individual age of the prospective adoptive parents should not be less than 25 years and not more than 55 years. In the case of a single applicant, he or she should not be less than 30 years of age and shall not be above the age of 50 years. The maximum age shall be 45 years to adopt children in the age group of zero to three years and 50 years for adopting children above three years. Updates regarding inter-country adoptions from India will be posted on the authority's website.

On 3 March the Minister will meet a group of prospective adoptive parents who have declared an interest in adopting from India. She hopes that the meeting will allow for a full exchange of views on the issues related to inter-country adoption from India.

Colm Burke (Fine Gael)
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I thank the Minister of State for his detailed reply but seek a clarification. He said that the accreditation of agencies to facilitate adoptions is solely a matter for the Adoption Authority under law. Earlier he stated that accreditation can only apply to the Indian special needs programme at this time. In other words, we are confining any adoptions from India to children with special needs. That is what I understood from his reply. Is that my correct interpretation?

Fergus O'Dowd (Louth, Fine Gael)
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That is what the Minister has written. I will take that issue up with her.

Colm Burke (Fine Gael)
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I presume it is a confined system. I welcome the proposed meeting with the Minister for Children and Youth Affairs on 3 March and I will convey that to the prospective adoptive parents who raised the issue with me. The reply is very detailed and I thank the Minister of State for it.

Fergus O'Dowd (Louth, Fine Gael)
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I will make the Minister for Children and Youth Affairs, Deputy Fitzgerald, aware of Senator Burke's comments.