Written answers

Tuesday, 23 October 2007

Department of Health and Children

Adoption Services

10:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 216: To ask the Minister for Health and Children the reasons for the suspension of inter country adoptions from certain countries; the countries on the suspension list; and the reason therefore in each case. [24922/07]

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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Adoption in Ireland is regulated by the Adoption Board which is an independent, statutory body. The Board must make decisions regarding adoptions in line with its assessment of the situation in each country, and its responsibility to ensure that all activities are undertaken with the best interests of the child as a paramount consideration.

The Adoption Board has discontinued the issuing of declarations of eligibility and suitability in respect of the adoption of children from Guatemala. There are a number of documents already in the public domain regarding concerns over the trafficking of children from Guatemala. These reports cover a long period of time in which the issue of trafficking and sale of children in the context of international adoption has continued to be raised.

I should point out that a number of other countries entered reservations regarding Guatemala's accession to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. These countries include Canada, Germany, the Netherlands, Spain and the United Kingdom. These reservations date from 2003 and remain extant. This means that these countries do not accept that procedures in Guatemala reach Hague Standards regarding intercountry adoption, and therefore, have objected to or suspended acceptance of Guatemala's accession to the Convention and will not treat them as party to the Convention. This effectively means that these countries have a ban on adoptions from Guatemala.

I am of the view that the position taken by the Adoption Board is reasonable and measured in light of the long-standing and continuing concerns in relation to Guatemala which have shown little sign of improvement, despite international comment and support, over the last ten years.

The Adoption Board is also currently examining the adoption laws of the Federal Democratic Republic of Ethiopia and the Republic of Rwanda to determine if they meet the requirements for recognition in Ireland. This examination was undertaken as part of the preparations to ratify the Hague Convention, and it has highlighted a number of important legal issues which require further investigation. In the circumstances, and in order to protect the adoption process, the Adoption Board has decided, as a precautionary measure, to suspend the granting of Declarations of Eligibility and Suitability in respect of these two countries until the investigations are complete. I have been assured by the Board that this issue is being dealt with as a matter of priority. I feel that the Board's decision is an appropriate one in the circumstances.

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