Written answers

Tuesday, 7 July 2009

Department of Health and Children

Inter-Country Adoptions

12:00 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context

Question 181: To ask the Minister for Health and Children the status of negotiations with Vietnam in relation to the interim agreement on inter-country adoption and the new bi-lateral agreement on inter-country adoption; the length of time before she has finished negotiating on both; and if she will make a statement on the delays experienced by families to date. [27166/09]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 189: To ask the Minister for Health and Children the outcome of the visit of her Minister of State for Children to Vietnam to put in place a new agreement with regard to inter-country adoption; the arrangements agreed; when the licence of an agency (details supplied) will be renewed by the Vietnamese authorities; when new arrangements will come into operation; if she will clarify any remaining issues that require to be resolved; and if she will make a statement on the matter. [28590/09]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
Link to this: Individually | In context

Question 190: To ask the Minister for Health and Children if, in the case of inter-country adoption between Ireland and Vietnam, has either country cancelled the agreement in writing; if so, when; and if she will make a statement on the matter. [27067/09]

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context

Question 205: To ask the Minister for Health and Children when the new bilateral agreement with Vietnam will be signed; if an interim agreement is being worked on; the progress on both the bilateral agreement and the interim agreement; the number of staff that are allocated to resolving this issue; the number of families that are waiting for these agreements in order that their adoptions can be completed; and the length of time she expects that the parents here and children in orphanages will have to wait. [27152/09]

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
Link to this: Individually | In context

Question 234: To ask the Minister for Health and Children the delays in relation to the signing of a new interim agreement for adoption with Vietnam; and if she will make a statement on the matter. [27335/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 181, 189, 190, 205 and 234 together.

I have, in recent weeks, reported in detail to both Houses on the situation regarding the negotiation of a new bi-lateral inter-country adoption agreement with the Socialist Republic of Vietnam. This process has been on-going since the start of 2008 and the dialogue with the Vietnamese authorities is continuing.

In light of concerns raised by other countries during 2008, the Government decided that it was necessary to seek a strengthening of the bi-lateral inter-country adoption agreement with the Socialist Republic of Vietnam. With the publication of the Adoption Bill, 2009, on 23 January last, it was also considered necessary to ensure that both the content of any such agreement and its implementation would meet the minimum standards set out in that Bill and under the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption.

Article 25 of the former agreement between Ireland and the Socialist Republic of Vietnam stipulated that the agreement would be automatically extended for a further five-year term unless one state notified the other state to the contrary six months before the expiry of the agreement on 1 May, 2009. The Government decided that, given the changes to Irish adoption legislation being introduced by the Adoption Bill, the agreement could not be allowed to 'roll over' in its present form for another five years. As a result, the Government was obliged to formally notify the Vietnamese authorities of the fact that there could be no automatic renewal of the agreement when its five-year term came to a close. This formal notification, made via Third Party Note (TPN) No. 185, was conveyed through diplomatic channels to the Vietnamese Ministry of Foreign Affairs on 30 October 2008, on foot of the Government Decision of 29 October, 2008.

As the Deputies are undoubtedly aware, I have just returned from the Socialist Republic of Vietnam, where I met with the Vietnamese Minister for Justice on 30 June last to discuss international adoption issues. There were follow-up discussions on these issues with the Standing Vice-Minister at the Vietnamese Ministry of Justice and with the newly appointed Director of the Vietnamese Department of Adoptions and his deputy, as well as a number of informal meetings.

During the discussions, careful consideration was given to possible interim arrangements for inter-country adoptions between both jurisdictions. The Vietnamese side clarified that their legal requirements were such that this was not considered to be an appropriate option. Therefore, it was proposed to continue the focus on a new bi-lateral inter-country adoption agreement.

I would like to again reiterate the point that both countries remain firmly committed to concluding a new bi-lateral inter-country adoption agreement. Work on the draft text of a new agreement, which was previously circulated in March of this year and discussed the following month, is continuing. Good progress has been made in the past week and, during the course of the talks in Hanoi, it was agreed that further face-to-face discussions to resolve outstanding issues should take place in August.

However, it is still not possible for me to either give a precise timetable to the House or anticipate when the discussions with the Vietnamese Government on a new bi-lateral inter-country adoption agreement and associated matters will be concluded. The negotiations remain live and officials from my Office, from the Office of the Attorney General, from the Department of Foreign Affairs and from the Adoption Board are working on all outstanding issues with a view to preparing a final text for a new agreement as a matter of urgency.

I am acutely aware of the stress and anxiety that this process has caused to many prospective adoptive parents. I am given to understand that, at present, approximately 360 couples have registered with the Helping Hands Adoption Mediation Agency and are hoping to adopt from the Socialist Republic of Vietnam.

I can assure the Deputies that work regarding a new bi-lateral inter-country adoption agreement with the Socialist Republic of Vietnam continues to be given the very highest priority by my Office.

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context

Question 182: To ask the Minister for Health and Children the status of negotiations with Russia in relation to the interim agreement on inter-country adoption and the new bi-lateral agreement on inter-country adoption; the length of time before she has finished negotiating on both; and if she will make a statement on the delays experienced by families to date. [27167/09]

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
Link to this: Individually | In context

Question 188: To ask the Minister for Health and Children the status of the adoption agreement with Russia; the number of post-placement reports which are outstanding in each of the Health Service Executive regions; her plans to resolve this matter and ensure that prospective parents who have received letters of commitment will be able to proceed with the adoption of a child from Russia; and if she will make a statement on the matter. [28375/09]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
Link to this: Individually | In context

Question 191: To ask the Minister for Health and Children the number of post placement records which are outstanding in the case of inter-country adoption with Russia; when they will be completed; when adoption with Russia will resume; and if she will make a statement on the matter. [27068/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

As the Deputies are aware, 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.

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 bi-lateral 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 bi-lateral inter-country adoption agreements with a small number of countries, including with the Russian Federation.

Ireland has no official bi-lateral inter-country adoption agreement in place with the Russian Federation. However, preparatory work to consider the contents of a draft agreement with the Russian authorities is currently being undertaken. Officials in both my Office and the Department of Foreign Affairs have been taking soundings in relation to inter-country adoption in the Russian Federation since April 2008. This has included contacts with the Irish Embassy in Moscow and legal and other preparatory work on the possibility of a draft bi-lateral inter-country adoption agreement between the two countries. A first formal meeting, arranged with the assistance of the Department of Foreign Affairs, was held on 7 May, 2009, between officials from my Office and from the Embassy of the Russian Federation in Ireland. I will continue to advance this matter with the assistance of my colleague Minister Martin and of his officials in both Dublin and Moscow.

While every effort will be made to conclude a bi-lateral inter-country Adoption Agreement with the Russian Federation, it must be acknowledged that this matter will be determined to a considerable degree by the Government of the Russian Federation.

With regard to the issue of post-placement reports, an extensive examination of the list of alleged "missing" post-placement reports has been carried out by the Health Service Executive and the Adoption Board. While I await the final numbers, which are expected shortly, it appears that the list supplied by the Russian Ministry of Education and Science is inaccurate. In short, the majority of the outstanding reports (which are estimated to be around 30) have been completed and are with the adoptive parents for translation, apostilling and notarisation – that is, the Social Workers have already conducted the home visit and the report. In a small number of cases, parents have neglected or have been unwilling or unable to arrange for a home visit with their Social Worker. Further contact has been made again to arrange for all outstanding visits to be undertaken and is being prioritised by the Health Service Executive Adoption Services to ensure that the parents can have the required reports forwarded to the Russian Embassy.

1,229 children from the Russian Federation have had their names entered into the Register of Foreign Adoptions in the period between 1991 and 2008. This equates to approximately 5,000 post-placement reports. Of the total number of reports required, just over one half of one per cent have not been transmitted to the Russian authorities. Despite the current difficulties, I believe that these statistics make it clear that the vast majority of parents are complying with the commitment that they gave to co-operate with such reports and, also, that they are being fully assisted in doing so by the Health Service Executive and the Adoption Board.

Officials have indicated to the Russian side the importance that we are attaching to resolving the matter. Once finalised, the Adoption Board has advised that it will contact the Russian authorities with the validated list. The Health Service Executive and the Adoption Board have already contacted any families where reports are outstanding.

I acknowledge that persons applying for inter-country adoption are experiencing delays with regard to waiting times for assessment and am also acutely aware of the stress and anxiety that this process has caused to many prospective adoptive parents. The Adoption Bill, which has now passed all stages in the Seanad, provides for an updated and more standardised regime of assessment and mediation services across the country that will assist in the reduction of waiting times in areas where these are longest.

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context

Question 183: To ask the Minister for Health and Children the status of negotiations with China in regard to inter-country adoption; and if she will make a statement on the delays experienced by families to date. [27168/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

As the Deputy is aware, 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. 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 bi-lateral inter-country adoption agreement based on Hague standards.

Ireland has no official bi-lateral inter-country adoption agreement in place with the People's Republic of China.

Currently, an administrative arrangement operates between Ireland and the Chinese Government with regard to adoption. The People's Republic of China is a contracting State under the Hague Convention on the Protection of Children and Co-operation in respect of Inter-country Adoption and, as such, a bi-lateral inter-country adoption agreement is not, and will not, be required between both jurisdictions.

I acknowledge that persons applying for inter-country adoption are experiencing delays with regard to waiting times for assessment and am also acutely aware of the stress and anxiety that this process has caused to many prospective adoptive parents. The Adoption Bill, which has now passed all stages in the Seanad, provides for an updated and more standardised regime of assessment and mediation services across the country that will assist in the reduction of waiting times in areas where these are longest.

Comments

No comments

Log in or join to post a public comment.