Finian McGrath (Dublin North Central, Independent)
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Question 311: To ask the Minister for Health and Children if she will resolve a matter regarding persons (details supplied). [26856/08]

Finian McGrath (Dublin North Central, Independent)
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Question 312: To ask the Minister for Health and Children if she will advise and assist persons (details supplied). [26857/08]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 311 and 312 together.

There is no provision under Irish law requiring the preparation of post adoption reports in respect of children once an adoption order has been made in respect of a child. Once a child is adopted the adoptive parents are considered to have all of the rights and duties of parents and the protection of the family afforded under the Constitution. Therefore, any intervention, such as the post adoption reporting would be unconstitutional and would attempt to treat adoptive families different to other families. This would be inconsistent with the concept of adoption under Irish law in which an order brings the same effects as if the child was born to the family.

Notwithstanding the above, adoptive parents do comply with the provision of post-adoption reports where they are required to do so by countries in the context of intercountry adoption. This is considered good practice but also assures other jurisdictions regarding the safety and care of children which they have allowed to be adopted across jurisdictions. The co-operation of adoptive parents is important in ensuring the continued willingness of other jurisdictions to allow Irish applicants to adopt. In this context, the HSE has continuously prepared and provided post adoption reports in line with the requirements of foreign jurisdictions and the Adoption Board facilitates the transmission of such reports where required.

The issues raised in this particular case have been brought to my attention in the last week. My officials are currently examining the case and any administrative solution which might meet with the requirements of the authorities in the foreign jurisdiction. It is important to understand however that ultimately, it is the foreign jurisdiction which makes the decision as to whether an applicant can adopt or not and whether it will accept what this jurisdiction can provide for by law.