Written answers

Thursday, 5 November 2009

Department of Health and Children

Inter-Country Adoptions

10:00 am

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 75: To ask the Minister for Health and Children the status of a bilateral adoption agreement between Ireland and Ethiopia; the talks which have taken place between the two countries to reach such an agreement; when she expects to conclude these talks; and if she will make a statement on the matter. [39715/09]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 76: To ask the Minister for Health and Children the contact she has had with an organisation (details supplied) regarding a bilateral adoption agreement; her plans to meet with the organisation; and if she will make a statement on the matter. [39716/09]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 82: To ask the Minister for Health and Children if she will support a matter (details supplied); and if she will make a statement on the matter. [39733/09]

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

I propose to take Questions Nos. 75, 76 and 82 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 is scheduled to be debated in Dail Eireann in the current Dáil session. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

The current policy position, as set out in the Adoption Bill 2009, is that for an adoption to be registered under the Bill it must be effected in a contracting State to the Hague Convention or in a country with which Ireland has a bilateral agreement. For non-Hague countries only those adoptions effected prior to the commencement of the new law 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. My officials, in consultation with officials from the Department of Foreign Affairs, have been doing preparatory work on a possible bilateral agreement with Ethiopia. Consideration of this is at an early stage. I can confirm that on the 30th of October 2009 I met with the Organisation referred to by the Deputy.

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

Question 77: To ask the Minister for Health and Children if provisions that will allow parents who have already commenced the adoption process to proceed with their applications will be included in Adoption Bill 2009; and if she will make a statement on the matter. [39717/09]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 81: To ask the Minister for Health and Children if she will support a matter (details supplied). [39732/09]

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
Link to this: Individually | In context

Question 101: To ask the Minister for Health and Children the transition measures that will be introduced for adoptions which have progressed under the old system and are close to completion with regard to the Adoption Bill 2009 and the ratification of the Hague Convention; if these adoptions will be allowed to continue or if the process will have to be restarted; and if she will make a statement on the matter. [39824/09]

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

I propose to take Questions Nos. 77, 81 and 101 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. As currently set out in the Bill, for non-Hague countries, only those 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.

Comments

No comments

Log in or join to post a public comment.