Written answers

Tuesday, 3 November 2009

Department of Health and Children

Adoption Services

8:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 443: To ask the Minister for Health and Children if she will respond to correspondence (details supplied); and if she will make a statement on the matter. [38181/09]

Photo of George LeeGeorge Lee (Dublin South, Fine Gael)
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Question 466: To ask the Minister for Health and Children if she will clarify Ireland's adoption procedures with non-Hague Convention countries; her plans to speed up the bilateral adoption process; the reason the Adoption Bill includes a condition that is not required by the Hague agreement; and if she will make a statement on the matter. [38313/09]

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 536: To ask the Minister for Health and Children further to Parliamentary Question No. 183 of 8 October 2009 if she will provide transitional arrangements for persons with a declaration prior to the commencement to the Adoption Bill; and if she will make a statement on the matter. [38715/09]

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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Question 554: To ask the Minister for Health and Children if she has clarified the processes regarding transitional arrangements with the Adoption Board upon ratification of the Hague Convention specifically where applicants have received a declaration or referral. [38804/09]

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 561: To ask the Minister for Health and Children if she will establish a transitional measure with a defined methodology for families who are currently in the process of adopting children from non-Hague Convention countries; if she will incorporate this transitional measure into the Adoption Bill, which is on the Dáil Order Paper; and if she will make a statement on the matter. [38844/09]

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Question 596: To ask the Minister for Health and Children if she will confirm that the Government is planning to implement the Hague Convention with no transitional arrangements; if her attention has been drawn to the fact that this contradicts the convention's guide to good practice and would therefore not be in the interests of the children concerned; and if she will make a statement on the matter. [39077/09]

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 628: To ask the Minister for Health and Children if she will outline the transition measures that will be introduced for adoptions which have progressed under the old system and are close to completion in relation to the Adoption Bill and the ratification of the Hague Convention; if these adoptions will be allowed to continue or if they have to be restarted; and if she will make a statement on the matter. [39184/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 443, 466, 536, 554, 561, 596 and 628 together.

The Adoption Bill, 2009, which is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption, has passed through the Seanad and I am actively seeking time for its progression in the current Dáil session. As I have stated on many previous occasions, under the new legislation, prospective adoptive parents will be able to adopt from countries that have also ratified the Hague Convention and from countries with which Ireland has a bilateral agreement that meets Hague standards.

I firmly believe that legislation and, specifically, the regime of the Hague Convention, provides an assurance for individual children, their families, and the State, that appropriate procedures have been followed and that the adoption was effected in the best interests of the child. This applies in the case of countries who have not, as yet, ratified the Hague Convention, and would seem unlikely to do so in the immediate future. Only adoptions effected before the commencement of the Act can be registered on the Register of Inter-Country Adoptions to be established under the Bill.

There are transitional provisions contained in the Bill. However, the issue of further transitional measures for prospective parents who are at an advanced stage when the Bill is enacted, and who wish to continue with an adoption from a non-Hague, non-bilateral country, have been raised with me by representative groups. I am currently examining this and other related matters.

I am familiar with the provisions of the Guide to Good Practice. It should be noted that these provisions refer to situations where countries are moving from bilateral arrangements to Hague Convention arrangements. Bilateral agreement adoptions are provided for in the Bill. Difficulties now being raised relate to countries with which Ireland has no bilateral agreement. While that matter is under consideration, I must emphasise that I must be guided at all times by the best interests of the individual child as well as the need to uphold standards which are for the protection of all children being considered for inter country adoption in specific sending countries.

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