Olivia Mitchell (Dublin South, Fine Gael)
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Question 315: To ask the Minister for Health and Children if, in view of the letter sent to prospective adopters by the Health Service Executive indicating that their declaration may not be extended if one of the applicants is over 45 years of age, it is consistent with her reply to Parliamentary Question No. 188 of 13 November 2007; if in view of the lengthy process involved in obtaining a declaration and organising an adoption, she will guarantee that age alone will not be a barrier to adoption for parents who are at an advanced stage in the adoption process; and if she will make a statement on the matter. [1245/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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At present, there is no limit in Irish statute in relation to intercountry adoption, nor is one applied by the Board in relation to the decision to issue a Declaration of Eligibility and Suitability, the legal document required by prospective adoptive parents to complete an intercountry adoption.

The Board advises applicants who are given a Declaration and who are 45 years of age and over that "the Board may not be in a position to renew the Declaration". This is a general advisory and relates to the capacity, in the future, of prospective adoptive parents to meet standards 1 and 2 of the Standardised Framework for Intercountry Adoption Assessment. These standards relate to the capacity to safeguard a child throughout his or her childhood, and to raise that child to adulthood. Further details regarding the 5 standards can be provided to the Deputy, if required.

The Adoption Board has found, in the past, that some applicants delay in using their Declaration. Clearly, it is important for the welfare of the child that prospective adopters proceed in a timely fashion. The purpose of the advisory is to promote this. It is important to note that each application for the renewal of a Declaration is considered on its own merits, and in accordance with the information before the Board.

As the Deputy will be aware, my Department is currently working closely with the Parliamentary Draftsman's Office on the drafting of the Adoption Bill, which is a priority within the Government's legislative programme. The issue of an age limit is under consideration and has been discussed as a part of a wide consultation process which is informing the drafting process. The Bill will have regard to transitional issues which will arise for applicants who have commenced, but not completed the adoption process on the enactment of the legislation.