Enda Kenny (Mayo, Fine Gael)
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Question 157: To ask the Minister for Health and Children if there is an appeals procedure available in circumstances whereby a couple are assessed by an adoption agency and deemed unsuitable; her views on the issue; and if she will make a statement on the matter. [26086/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Assessments are carried out under Section 8 of the Adoption Act, 1991. The requirement of the assessment is to assess both eligibility and suitability of applicants for adoption. Guidance on the intercountry adoption assessment procedure was developed in 1999 in consultation with a wide range of stakeholders and practitioners. This guidance establishes five standards which all persons must reach in order to be deemed suitable to adopt. The assessment process begins with a preparation course which provides prospective adopters with a chance to reflect on the issues involved in adoption. Some applicants opt to self-select out of the process at that stage.

For applicants who continue the process, social workers carry out what is known as the "home study" or "social work report" with prospective adopters. Once complete the social worker is required to make a recommendation regarding the applicant's eligibility and suitability. Each case is then reviewed by an Adoption Committee at local level. The Committee is obliged to consider the recommendation of the social worker and in turn decide whether the evidence adduced supports the recommendation made. If the recommendation is agreed by the Committee, the applicants are informed of the outcome. For cases where the applicants are deemed eligible and suitable, the application is forwarded to the Adoption Board for its consideration with a recommendation for the issuing of a declaration of eligibility and suitability — which is required to adopt a child from abroad. Unsuccessful applicants are advised of the outcome and the case does not proceed further. However, if the applicants are not satisfied with the recommendation, they have an opportunity to submit their case to the Adoption Board for further consideration.

The Adoption Board considers every case on its merits and can hear applicants on their application if they have received a negative recommendation. Ultimately, the decision to issue a declaration of eligibility and suitability rests with the Board. The Board must consider whether the evidence advanced supports the recommendation made, whether that recommendation is positive or negative. I am satisfied that this is a fair set of procedures with good checks and balances.

My Office is working continuously to further develop the appropriate legislative, policy and administrative framework which will ensure a well regulated regime of both domestic and intercountry adoption. Our aim is to support and protect prospective parents, and even more importantly,the children for whom adoption services are devised and provided.