Liz McManus (Wicklow, Labour)
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Question 134: To ask the Minister for Health and Children if she will ensure a bilateral agreement between Russia and Ireland is signed before the Adoption Bill 2009 is passed; her views on the fears expressed by families who are awaiting to finalise adoptions of Russian children; the position regarding the bilateral agreement between Russia and Ireland and the timeframe agreed upon; and if she will make a statement on the matter. [16843/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The Adoption Bill, 2009, which will give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption, was published on 23 January, 2009. A core principle of the Hague Convention is that inter-country adoption should be child-centred — that is, in all stages of the process, the child's interests must be paramount. Legislating for inter-country adoption is essential to give protection to children during the process of adoption. The Hague Convention has put in place the equivalent of a contract between States to regulate the standards that will apply in each jurisdiction. This is an additional safeguard for a receiving country like Ireland with regards to the standards that are being applied in the sending country — over which we have no jurisdiction. As a receiving country, it is especially important for Ireland to have some confidence in the process of consent to the adoption, in the status of the child as adoptable and in a guarantee of no improper financial gain from the process.

I firmly believe that legislation and, specifically, the regime of the Hague Convention, provide an assurance for individual children, their families and the State that appropriate procedures have been followed and that the adoption was affected in the best interests of the child. As such, it is our intention that inter-country adoptions will now meet the standards of the Hague Convention. Under the proposed new legislative regime, prospective adoptive parents will be able to adopt from countries that have ratified the Hague Convention as well as from those countries with which Ireland has a bilateral agreement based on Hague standards. As part of the preparations for the likely passage and entry into force of these new legislative arrangements, my Office has been liaising with the Department of Foreign Affairs to identify and negotiate with countries who continue to seek homes abroad for children in need of alternative care that cannot be provided domestically. We are working actively to assess the possibilities of entering into bilateral agreements with a small number of countries, including with the Russian Federation.

As regards the Russian Federation, my Office is undertaking preparatory work to consider the contents of such an agreement, including anticipating the likely requirements of the Russian Federation. While every effort will be made to conclude a bilateral agreement in advance of any of the proposed changes in Irish law taking effect, it must be acknowledged that these matters will be determined to a considerable degree by the Government of the Russian Federation. However, I would respectfully suggest that any applicant seeking to proceed with an adoption from a non-Hague country, or from a country with which Ireland does not have a bilateral agreement, should have regard to the likelihood of the adoption being completed in advance of the Bill being commenced.