Finian McGrath (Dublin North Central, Independent)
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Question 164: To ask the Minister for Children and Youth Affairs her views on correspondence (details supplied) regarding inter-country adoptions. [33494/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Adoption Act, 2010, commenced on 1st November 2010. This coincided with Ireland's formal ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption . The purpose of the Adoption Act, 2010, is to improve standards in both domestic and intercountry adoption. The regulatory framework governing adoption has been strengthened in an attempt to ensure that the best interests of children are protected at every step throughout the adoption process. With effect from 1 November inter-country adoptions can be effected with other countries which have ratified the Hague Convention or with which Ireland has a bilateral agreement.

The Adoption Authority is an independent statutory body charged with implementing the Adoption Act, 2010. The Authority has responsibility for the direct operational implementation of legislation and Government policy. It has a quasi-judicial role and is independent in its decision-making functions.

The negotiation of bilateral agreements on intercountry adoption with non-contracting states, such as Russia, is governed by Section 73 of the Adoption Act 2010 which states that "the Authority with the prior consent of the Minister, may enter into discussions with any non contracting state concerning the possibility of the Government entering into a bilateral agreement with that State." Ireland currently has no bilateral agreements with non - Hague countries. As the Hague Convention is designed to ensure a minimum set of standards in intercountry adoption, the Adoption Authority have indicated that their first priority is to reach agreements on arrangements with other Hague countries. However, my Department is currently in discussions with the Authority on the appropriateness and feasibility of exploratory discussions with the Russian authorities concerning the possibility of the Government entering into a bilateral agreement with that State.

As provided for in Section 72 of the Adoption Act, 2010, the Authority is establishing administrative arrangements concerning the processing of applications with other Hague countries in relation to intercountry adoptions. The Authority has already travelled to a number of jurisdictions in order to make contact with the Central Authorities; advise of our processes and procedures, assess the need for additional administrative arrangements or agreements; and to glean as much information as possible of relevance to prospective adopters from those countries. The visits also provide opportunities to streamline processes on both sides and get up to date information for prospective adopters on developments in these countries. However, it is a matter for each individual country to decide with whom they wish to co-operate.

The Vietnamese authorities have indicated that they are finalising technical issues in relation to the Hague ratification process and hope to lodge the papers of ratification shortly. Administrative arrangements will be a matter for the Adoption Authority, as Ireland's designated Central Authority, to make with the designated Vietnamese Central Authority. As both countries will have ratified The Hague Convention there will be no need for a bilateral agreement with regard to intercountry adoption.

The Authority has confirmed that delegations will shortly travel to Mexico and the United States to discuss possible administrative agreements under the Hague Convention. The Authority has also commenced a review of the adoption laws of Lithuania, Panama, Kenya and Kazakhstan as prospective countries for adoption into Ireland, and said it would look at other Hague countries as appropriate.