Written answers

Tuesday, 30 June 2009

Department of Health and Children

Inter-Country Adoptions

11:00 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Question 158: To ask the Minister for Health and Children the progress made with the Vietnamese authorities on agreeing arrangements for intercountry adoptions between Ireland and Vietnam; the obstacles which remain; when she expects an agreement to be in place; and if she will make a statement on the matter. [26502/09]

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 161: To ask the Minister for Health and Children the position regarding the ongoing crisis in the area of intercountry adoption which is affecting many families nationwide, particularly between Ireland and Vietnam, as well as between Ireland and other countries; if there has been recent communication between Ireland and Vietnam on the matter; the advice she will offer those people who have been on the applicant list often for a period of many years for adoption; when she expects that the situation will be rectified; and if she will make a statement on the matter. [25650/09]

Photo of Dinny McGinleyDinny McGinley (Donegal South West, Fine Gael)
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Question 186: To ask the Minister for Health and Children the position regarding the proposed interim agreement between Ireland and Vietnam; and if she will make a statement on the matter. [25812/09]

Photo of Noel CoonanNoel Coonan (Tipperary North, Fine Gael)
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Question 214: To ask the Minister for Health and Children the position regarding the bilateral agreement between Ireland and Vietnam; if progress has been made regarding the request for an interim agreement; her views on whether the situation is unacceptable and leaves many families in distress; and if she will make a statement on the matter. [26087/09]

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 251: To ask the Minister for Health and Children if she will confirm that her Minister of State for Children will travel to Vietnam to bring to an end the ongoing crisis in intercountry adoption, which is continuing to cause distress to many families here; the position as regards the impasse in this area; and the steps which have been taken to date by her to resolve same. [26342/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 158, 161, 186, 214 and 251 together.

As Deputies are aware, my Office is continuing to work actively to create the appropriate legislative, policy and administrative frameworks that will ensure that a properly regulated regime of adoption is in place in Ireland. Our aim is to support and protect prospective adoptive parents and, even more importantly, the children for whom adoption services are devised and provided.

The promotion of a child's best interests is the fundamental principle that not only supports the development of a national child care and protection system but also ensures that an ethical and child-centred approach to inter-country adoption is adopted and consistently pursued in Ireland. Inter-country adoption does not occur in a vacuum — rather, it occurs across jurisdictions and spans complex areas of family law, child protection and welfare. It must be legislated for, managed and understood in that context. Inter-country adoption requires a shared responsibility and respect between States in order to ensure that the best ethical practices to support the interests of children, and to safeguard them against their abduction, sale or trafficking, are practised and upheld.

As you know, the Adoption Bill, 2009, was initiated in the Seanad and has recently passed all of the stages in that House. The Bill will continue to be prioritised by the Government for its passage through the Oireachtas.

I firmly believe that the Bill, which includes the regime of the Hague Convention, provides an assurance for individual children, for their families and for 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 the intention of the Government, as the Deputies are well aware, that all inter-country adoption will now meet the standards of the Hague Convention.

I have reported in detail to both Houses on the situation regarding the reasoning for and actions taken to support the negotiation of a new bilateral inter-country adoption agreement with the Socialist Republic of Vietnam in recent weeks. This position has not fundamentally changed since my last statement on the matter. The process has been on-going since the beginning of 2008 and the dialogue with the Vietnamese authorities is continuing.

Many Deputies have, in recent weeks, sought guarantees on and specific timeframes for the conclusion of the discussions on a new agreement with the Socialist Republic of Vietnam. I must reiterate that all options, including an interim inter-country adoption agreement, are actively being pursued by the Government to finalise these discussions. I must also stress the point that it is not possible for me to either give a timetable or anticipate when this process will be concluded. The negotiations remain live and a request to set up an interim inter-country adoption agreement, which was issued to the Vietnamese authorities on 20 May last via the Department of Foreign Affairs, has been made. It is now a matter for the Vietnamese authorities and, as such, it would be improper for the Government to seek to influence or interfere with their decision-making process.

The Socialist Republic of Vietnam is a sovereign state and the decisions that it makes regarding the internal regulation and management of its adoption services must be treated sensitively as appropriate to a sovereign state. My priority is to conclude discussions with the Vietnamese Government on a new bilateral inter-country adoption agreement and to avoid any debate outside of that process that could potentially jeopardise or interfere with these discussions. In the meantime, my officials will continue to be in regular contact with the Department of Foreign Affairs and with the Embassy on the ground in Hanoi.

I can assure you that the work to prepare for and advise the Government on a new bilateral inter-country adoption agreement with the Socialist Republic of Vietnam has been given, and continues to be given, the very highest priority by my Office. I remain completely committed to finalising discussions on the text of the agreement with the Vietnamese authorities. I have explained the reasons for the renegotiation of the existing agreement and am acutely aware of the stress and anxiety that this process has caused to many prospective adoptive parents. I will be in Vietnam on the week commencing on 29 June, the itinerary for which visit has been compiled with the assistance of the Irish Embassy in Hanoi. I will issue a statement on the visit on my return from Vietnam.

My Office has also been working actively to assess the possibilities of entering into bilateral inter-country adoption agreements with a small number of other countries from which Irish applicants have traditionally adopted — including the Russian Federation and the Federal Democratic Republic of Ethiopia.

While every effort will be made to conclude a bilateral inter-country adoption agreement with the relevant authorities 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 Governments of these sovereign States.

The decision regarding the country of choice from which to adopt is a matter for prospective applicants. This choice obviously should have regard to their personal preference, their knowledge of and/or connection with the proposed country of origin, and the status of the country as a contracting State either to the Hague Convention or to a bilateral agreement. However, I would respectfully suggest that any applicant seeking to proceed with an adoption from a non-Hague country or 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.

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