Written answers

Wednesday, 29 September 2010

Department of Health and Children

Inter-Country Adoptions

11:00 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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Question 551: To ask the Minister for Health and Children if it will be necessary to have a working agreement in place with Vietnam in order to progress adoptions from that country once the Hague Convention has been ratified by both countries; when discussions on that working agreement need to be commenced; the length of time they will be expected to take; and if she will make a statement on the matter. [31738/10]

Photo of Dan NevilleDan Neville (Limerick West, Fine Gael)
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Question 692: To ask the Minister for Health and Children the position regarding the agreement on adoptions between Ireland and Vietnam; and if she will make a statement on the matter. [32910/10]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 551 and 692 together.

The Adoption Act, 2010 gives force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. 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 Act, 2010, once commenced.

The papers for the ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption were deposited with the Ministry of Foreign Affairs of the Netherlands on 28th July 2010. In accordance with Article 46.1 of the Convention, the Convention enters into force for Ireland on 1 November 2010. It is my understanding that the Vietnamese National Assembly has recently passed legislation which should allow for a 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 and the legislation in both Countries being met in this regard.

As both countries will have ratified the Hague Convention there will be no need for a formal bi-lateral agreement with regard to inter-country adoption. At the time of ratification Ireland and Vietnam will each designate a Central Authority to discharge the duties which are imposed by the Hague Convention. Administrative arrangements will be a matter for the Adoption Authority, as Ireland's designated Central Authority, to make with the designated Vietnamese Central Authority.

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