Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 243: To ask the Minister for Health and Children the position regarding a new bilateral agreement between Ireland and the Socialist Republic of Vietnam in regard to inter-country adoptions; and if she will make a statement on the matter. [29538/10]

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

In the process of re-negotiating a bilateral agreement on intercountry adoption with Vietnam serious issues came to light in relation to the Vietnamese adoption process. The issues were contained in the report on intercountry adoption commissioned by UNICEF and the Vietnamese Ministry of Justice and carried out by International Social Services (ISS). An earlier report published last August by the Vietnamese Ministry of Labour, Invalids and Social Affairs (MOLISA) was also considered in this regard. The UNICEF/ISS report, which was accepted by the Vietnamese Government, "proposes that Vietnam suspends intercountry adoptions for the necessary period during the year 2010 that will enable it to ensure optimal implementation of the Hague Convention and to prepare for the entry into force of the new law on adoption in 2011". The Report also raised serious questions regarding adoption practices in Vietnam, including as follows: (a) inter-country adoptions from Vietnam are essentially influenced by foreign demand, i.e. the availability of children who are "adoptable" abroad corresponds more to the existence of foreign prospective adopters than to the actual needs of "abandoned" and orphaned children; (b) the circumstances under which babies become "adoptable" are invariably unclear and disturbing; (c) the inter-country adoption system is grounded in a remarkably unhealthy relationship between the mediating agencies and specific residential facilities; and (d) Governments and central authorities of "receiving countries" collectively at least, and individually in many instances have not effectively committed themselves to applying the basic principles of the Hague Convention or the recommendations of the treaty's practical operation, in their dealings with Vietnam.

Having considered the contents of the two reports the Government decided, on 13th of January, to suspend indefinitely negotiations on a new bilateral intercountry adoption agreement with the Socialist Republic of Vietnam. As a result of this decision, all intercountry adoptions from Vietnam will be suspended until such time as the Adoption Bill 2009 has been enacted and both Ireland and Vietnam have ratified the provisions of the Hague Convention. The Adoption Bill completed its passage through both Houses of the Oireachtas last week.

It is my understanding that the Vietnamese Government has recently passed legislation which should allow Vietnam to move to ratification of the Hague Convention. In the event that both Ireland and Vietnam ratify the Convention there is every reason to expect that adoptions from Vietnam could re-commence subject to the provisions of the Convention being met in this regard.