Written answers

Tuesday, 3 May 2011

9:00 pm

Photo of Liam TwomeyLiam Twomey (Wexford, Fine Gael)
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Question 587: To ask the Minister for Health and Children if she is in discussions with Russia regarding inter-country adoption; and if he will make a statement on the matter. [9296/11]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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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. In accordance with Article 46.1 of the Hague Convention, the Convention entered into force for Ireland on 1 November 2010.

Under the Adoption Act 2010, inter-country adoptions can be effected with other countries which have ratified the Hague Convention or with which Ireland has a bilateral agreement. The purpose of this is to ensure that the highest standards of child protection apply to all adoptions, as Hague countries have signed up to a set of minimum standards. Russia has not ratified the Hague Convention and there are no indications that it has plans to do so. In these circumstances, adoptions from Russia from the 1 November 2010 onwards can only be effected under a transitional provision that enables prospective adoptive parents to proceed with an adoption from a non-Hague or non-bilateral country if prior to 1 November they had been issued with a Declaration of Eligibility and Suitability to adopt. In such cases the Adoption Authority must be satisfied that the particular adoption meets all the standards of the Hague Convention.

The Office of the Minister for Children and Youth Affairs has had preliminary exploratory discussions with its Russian counterparts on some legal issues in relation to a bilateral agreement. However, the negotiation of a bilateral agreement in primarily the responsibility of the Adoption Authority, who have indicated that, as the purpose of the Hague Convention is to promote high standards in inter-country adoption, their first priority is to reach agreements on arrangements with other Hague countries.

If discussions on a bilateral agreement with Russia commence it is important to understand that there re a number of key requirements that would have to be satisfied, including that there should be no fees other than reasonable administrative fees, that care within Russia should have been sought for a child eligible for adoption and that the birth family must have given informed consent. If any of these requirements cannot be met, it will not be possible to enter into a bilateral agreement.

The Office of the Minister for Children and Youth Affairs will continue to support the Adoption Authority as required in its work of dealing with countries of origin.

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