Written answers

Tuesday, 29 November 2011

Department of Health

Inter-Country Adoptions

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 489: To ask the Minister for Children and Youth Affairs her views on a matter (details supplied) regarding inter-country adoptions. [37101/11]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Adoptions from Ethiopia, effected under the transitional arrangements provided for in the Adoption Act 2010, are ongoing and are currently being examined, and recognised, by the Adoption Authority of Ireland (AAI). These transitional arrangements may lead to adoptions from Ethiopia taking place up to the end of October 2013.

Adoptions from Ethiopia which are not covered by the transitional arrangements referred to above require a bilateral agreement between Ireland and Ethiopia. The negotiation of bilateral agreements on inter-country adoption with states who have not ratified the Hague Convention 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".

Ethiopia, as it is not a signatory of the Hague Convention, is covered by Section 73 of the Adoption Act, 2010. The opening of negotiations on such a bilateral would require an analysis of:

- the current situation regarding adoptions in Ethiopia;

- issues regarding the compatibility of the laws between the two countries; and

- the plans of that jurisdiction vis a vis the Hague Convention.

The AAI have indicated that certain issues could arise that would require detailed consideration especially issues relating to the effect of Ethiopian adoptions in the context of the Adoption Act 2010. I will seek an update on Ethiopia from the AAI and the Irish Embassy in Ethiopia in order to assess possible next steps vis a vis that jurisdiction. However further action will have to have regard for the wider work programme of the AAI and agreed priorities.

As the Hague Convention is designed to ensure a minimum set of standards in inter-country adoption, the Adoption Authority of Ireland have indicated that their first priority is to reach agreements on arrangements with other Hague countries. The AAI have recently returned from the USA and now intend to develop an administrative arrangement with the USA for inter-country adoption. In the coming weeks the AAI intends to visit Mexico and Vietnam in the context of entering into administrative arrangements with both those jurisdictions, the latter being dependent on the entering into force of the Hague convention in Vietnam on 1 February 2012.

I am extremely conscious that the Authority have a full work programme in the terms of these countries as well as the important upcoming priority of our engagement with Vietnam. In addition, the Authority and my officials will be undertaking exploratory meetings with the Russian authorities in the coming weeks.

The Authority must also prioritise checks of legal compatibility with a wide range of jurisdictions in order to process applications for the recognition of the adoptions of children already adopted from abroad by Irish citizens. These are desktop reviews requiring legal advices but are urgently required to regulate the status of children already adopted.

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