Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 528: To ask the Minister for Children and Youth Affairs if her attention has been drawn to the lack of clarity in Irish law by which same-sex couples who adopt in the UK may not have their adoption automatically recognised by this State; her plans to rectify this situation; and if she will make a statement on the matter. [14252/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In accordance with the provisions of the Adoption Act, 2010, the Adoption Authority of Ireland is the body with responsibility for the performance of the functions conferred on it under the legislation.

Section 57 (2) of the Adoption Act, 2010, provides that an inter-country adoption effected outside the State, which conforms to the conditions specified in that section, is recognised and is deemed to have been effected by a valid adoption order, unless the adoption is contrary to public policy.

Under Section 33 of the Adoption Act, 2010, the Adoption Authority shall not make an adoption order or recognise an inter-country adoption effected outside the State for joint applicants unless the applicants are a married couple who are living together.

The issue of same sex marriage is a matter which will be examined in the context of the Constitutional Convention.