Written answers

Tuesday, 17 November 2009

Department of Health and Children

Inter-Country Adoptions

10:00 pm

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Question 192: To ask the Minister for Health and Children the position regarding adoptions from South Africa; the transitional arrangements that are in place to ensure that persons may continue to adopt from South Africa pending the ratification of the Hague Convention here; if her attention has been drawn to the situation that exists in South Africa whereby the Hague Convention has not been enshrined in the South African Children's Act; if this pending legislative completion interferes with Irish persons seeking to adopt from South Africa; and if she will make a statement on the matter. [41364/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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The Adoption Board has recognised adoptions effected in South Africa and entered them in the Register of Foreign Adoptions under section 5 of the Adoption Act 1991. The Adoption Board has previously examined the adoption laws of South Africa and deemed them to be in compliance with Irish Law. The Hague Conference on Private International Law lists South Africa as having ratified and signed the Convention.

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. 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.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Question 193: To ask the Minister for Health and Children if she plans to restrict Irish adoptions abroad to one country per continent after the Hague Convention is ratified; if persons will be able to adopt from any country that meets the specified criteria; and if she will make a statement on the matter. [41365/09]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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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. The Bill is scheduled to commence its Second Stage process in Dáil Éireann on 18 November. 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 should also emphasise that there are transitional provisions contained in the Bill. The issue of further transitional measures for prospective parents who are at an advanced stage in the adoption process, 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. There are no proposals in the legislation to restrict adoptions to a specific country after the Hague Convention has been ratified once the necessary standards are met.

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.

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