Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 211: To ask the Minister for Health and Children if her attention has been drawn to the progress to date of an application for inter-country adoption in the case of persons (details supplied) in County Wicklow; if it is expected that this adoption will proceed unimpeded in the aftermath of the passage of the Adoption Bill 2009; if the progress in the case to date will have to be repeated; if the preparations made within the country in question will proceed regardless of the ratification or otherwise of the Hague Convention; the definition of process in progress in such circumstances; if she will ensure that all work to date in the process will be regarded as concluded in the context of the overall process; and if she will make a statement on the matter. [41474/09]

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

My Office has received representations on behalf of the persons in question. 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 Dail Eireann on the 18th of 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 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 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. The issue of a "grandfather" clause was previously given careful and detailed consideration in the preparation of the legislation and it was decided against including such a provision in the Bill as it would represent a considerable dilution of the intent of the legislation in terms of setting improved standards for inter-country adoption.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 212: To ask the Minister for Health and Children if her attention has been drawn to the progress to date of the application for inter-country adoption in the case of persons (details supplied) in County Kildare; if it is expected that this adoption will proceed unimpeded in the aftermath of the passage of the Adoption Bill 2009; if the progress in the case to date will have to be repeated; if the preparations made within the country in question will proceed regardless of the ratification or otherwise of the Hague Convention; the definition of process in progress in such circumstances; if she will ensure that all work to date in the process will be regarded as concluded in the context of the overall process; and if she will make a statement on the matter. [41476/09]

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

My Office does not appear to have received representations to date in this case. However, I am happy to set out below the current position with regard to the issues raised by the Deputy. 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 Dail Eireann on the 18th of 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 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 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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 213: To ask the Minister for Health and Children if her attention has been drawn to the progress to date of the application for inter-country adoption in the case of a person (details supplied) in County Kildare; if it is expected that this adoption will proceed unimpeded in the aftermath of the passage of the Adoption Bill 2009; if the progress in the case to date will have to be repeated; if the preparations made within the country in question will proceed regardless of the ratification or otherwise of the Hague Convention; the definition of process in progress in such circumstances; if she will ensure that all work to date in the process will be regarded as concluded in the context of the overall process; and if she will make a statement on the matter. [41478/09]

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

My Office has received representations on behalf of the person in question. 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 Dail Eireann on the 18th of 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 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 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.

The issue of a "grandfather" clause was previously given careful and detailed consideration in the preparation of the legislation and it was decided against including such a provision in the Bill as it would represent a considerable dilution of the intent of the legislation in terms of setting improved standards for inter-country adoption.