Billy Timmins (Wicklow, Fine Gael)
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Question 141: To ask the Minister for Health and Children the situation with respect to a protocol with Belarus with respect to the adoption of children; if the proposed protocol is deemed to be unconstitutional; the grounds for same; and if she will make a statement on the matter. [25529/07]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Adoption Board entered into an informal working arrangement with Belarus in 1999, to facilitate the adoption of children from Belarus to Ireland. In 2005, the Belarusian Authorities sought to formalise this arrangement in a draft Protocol. The Adoption Board referred this draft Protocol to the Attorney General's Office, and were advised that it was not compatible with Irish law as it contained terms which conflict with the Constitution of Ireland.

Unfortunately legal advices preclude agreement by Ireland on the terms which are being required by Belarus. Due to Constitutional difficulties an agreement with Belarus is very unlikely and, in that light, negotiations have concluded.

I appreciate very much that this is disappointing for the prospective adoptive parents involved. However, the authorities in Belarus, as in all "sending" States, must retain the absolute prerogative with regard to what children may be adopted, and what requirements must be satisfied to ensure children's best interests have been central to any decision regarding their placement and adoption at home or abroad. The Deputy will appreciate this is the same prerogative and minimum standard we require within the Irish State in respect of Irish children being placed for adoption in Ireland.