Written answers

Tuesday, 7 October 2008

Department of Health and Children

Adoption Services

9:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 235: To ask the Minister for Health and Children if, in recognising the purpose of the Hague Convention in protecting children in the process of adoption through the use of a regulatory framework to set adoption standards and the efforts that will be made to establish bilateral agreements with countries who will not ratify the Convention, those persons who are already in receipt of a valid declaration from the Irish Adoption Board will be able to complete their adoption with countries who have not ratified the Convention or with whom there may be no bilateral agreement in place; if, in particular adoption proceedings will be completed with Russia; and if she will make a statement on the matter. [33622/08]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 247: To ask the Minister for Health and Children if, when Ireland ratifies The Hague Convention on Inter-country Adoption those Irish citizens who are in possession of a valid declaration from the Irish Adoption Board will not be prevented from completing their adoption from Russia, in view of the fact that Russia has not ratified The Hague Convention and that there may be no bilateral agreement in place. [33790/08]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 248: To ask the Minister for Health and Children if citizens who are in receipt of a declaration from the Irish Adoption Board which expires after one year and is then renewed, will not be prevented from completing their adoption from Russia, in view of the fact that Russia has not ratified The Hague Convention and that there may be no bilateral agreement in place. [33791/08]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 249: To ask the Minister for Health and Children her views on delaying the ratification of The Hague Convention on Inter-country Adoption until such time as a bilateral agreement is in place between Ireland and Russia, in view of the fact that Russia is a primary country that Irish citizens adopt from and that not to delay the ratification of The Hague Convention would be to deny children in Russian orphanages an opportunity to be adopted by Irish citizens. [33792/08]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 250: To ask the Minister for Health and Children her views on whether the effect of the ratification of The Hague Convention on inter-country Adoption, without a bilateral agreement being first put in place between Ireland and Russia, will be to deny Irish citizens the opportunity to adopt children from Russian orphanages and effectively condemn those children to a longer stay in a Russian orphanage than would otherwise be necessary. [33793/08]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 235 and 247 to 250, inclusive, together.

As the Deputies will be aware, my Office has been working to finalise a new Bill which will ratify the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

The purpose of ratifying the Hague Convention is to protect children in the process of adoption. The Hague Convention emphasises the importance of regulatory systems in protecting the fundamental rights of children, and in preventing the abduction, the sale of, or traffic in children. Ratification of the Hague Convention puts in place the equivalent of a contract between states to regulate the standards that will apply in each jurisdiction. It is the intention that the proposed adoption legislation will ensure all intercountry adoptions meet standards of the Convention either through ratification of the Convention or through bilateral agreements which meet the standards of the Hague Convention.

As part of the preparations for the likely passage and entry into force of the new legislative arrangements for adoption in Ireland, my Office has been advising the Department of Foreign Affairs on the potential implications of the legislation on existing arrangements and agreements for those countries which have not yet ratified the Hague Convention. The Russian Federation is one of these countries. We are working actively to assess the possibilities of entering into bilateral agreements with a small number of countries. Priority is being given to those countries which Irish applicants have a traditionally adopted from, for the reasons outlined by the deputies. Every effort will be made to advance bilaterals where this is possible and acceptable to the countries of origin.

Nevertheless, I do not believe it would be acceptable that the Government delay ratification given that Ireland has been a signatory since 1993 and is one of the last remaining countries to ratify the Convention. The Convention is, in my view, a vital reassurance to applicants and the children they adopt about standards and protections in the intercountry adoption system. The sooner we can advance to full ratification, the better for all concerned.

Where bilateral agreements have not been completed prior to commencement every effort will be made to manage cases that may arise acting in the best interests of the children involved. Information on progress on the proposed Bill and the changes contained within it will be made available to applicants over the period prior to commencement to minimise the number of cases and to ensure the best possible management of such cases where they arise.

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