Written answers

Tuesday, 10 November 2009

Department of Health and Children

Inter-Country Adoptions

9:00 pm

Photo of George LeeGeorge Lee (Dublin South, Fine Gael)
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Question 176: To ask the Minister for Health and Children if he will include transition measures in the Adoption Bill that will allow applicants continue with adoptions from Russia when they have, emotionally and otherwise, invested many years in choosing that country; and if she will make a statement on the matter. [39976/09]

Photo of George LeeGeorge Lee (Dublin South, Fine Gael)
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Question 177: To ask the Minister for Health and Children if she will include transition measures in the Adoption Bill that will allow couples that are currently in the process of adopting a child from Russia to complete the adoption process; and if she will make a statement on the matter. [39979/09]

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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Question 194: To ask the Minister for Health and Children the position regarding Irish adoptions from Russia; if she will make transitional arrangements for parents to allow applications in process to be completed irrespective of whether a country if a Hague Convention signatory; and if she will make a statement on the matter. [40079/09]

Photo of John DeasyJohn Deasy (Waterford, Fine Gael)
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Question 201: To ask the Minister for Health and Children if she will ensure that adoptions from other countries, in process but not completed when the Adoption Bill 2009 is enacted, will be allowed to be finalised, even if the other country is neither covered by the Hague Convention nor by a bilateral agreement; and if she will make a statement on the matter. [40132/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 176, 177, 194 and 201 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. 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 in the adoption process with Russia or other countries, 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.

Preliminary work has been undertaken on the development of a bilateral agreement with the Russian authorities on intercountry adoption and discussions in this regard take account of the provisions of the Adoption Bill 2009.

Photo of George LeeGeorge Lee (Dublin South, Fine Gael)
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Question 178: To ask the Minister for Health and Children the progress made on a bilateral agreement with Vietnam to allow adoptions to take place; and if she will make a statement on the matter. [39981/09]

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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Question 193: To ask the Minister for Health and Children the position regarding Irish adoptions from Vietnam; the possibility of an interim agreement to facilitate parents who have already been involved for years in the adoption process; and if she will make a statement on the matter. [40078/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 178 and 193 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 Dáil Éireann 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 intercountry 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 Office has been in negotiations with the Vietnamese Government regarding the drafting of a new bilateral inter-country Adoption agreement for some time. I have clearly indicated my intention to await the finalisation of the International Social Services Report on Intercountry Adoption in Vietnam before making final decisions regarding the next steps. I will be considering the report along with the report published in August by the Ministry of Labour, Invalids and Social Affairs of the Socialist Republic of Vietnam. I anticipate the ISS report will be finalised this month. I will be communicating my decision at the earliest opportunity. I am extremely mindful of the difficult position many prospective adopters find themselves at this point in time.

The Vietnamese Deputy Prime Minister Hoang Trung Hai recently led a trade mission to Ireland. I took the opportunity to meet again with Minister Hai whom I had met with during my July visit to Vietnam. The meeting took place on the 23rd October . Adoption matters were discussed. The meeting was most amicable and allowed both Governments to outline their current positions in relation to the bilateral agreement and legislative developments in each jurisdiction, including Hague Convention ratification. Both Governments restated their desire to achieve the highest standards in intercountry adoption and they committed to ongoing dialogue to advance these goals.

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