Written answers

Thursday, 17 May 2012

Department of Health

Inter-Country Adoptions

5:00 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 170: To ask the Minister for Children and Youth Affairs her views on concerns raised in relation to inter-country adoptions (details supplied); the action she will take to address these concerns; and if she will make a statement on the matter. [24610/12]

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 172: To ask the Minister for Children and Youth Affairs her views on concerns raised in correspondence (details supplied) regarding inter-country adoptions; the action she will take to address the concerns; and if she will make a statement on the matter. [24658/12]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Question 176: To ask the Minister for Children and Youth Affairs the progress that has been made in relation to allowing adoptions from Russia to proceed, particularly in cases in which a declaration has been made to adopt a child; and if she will make a statement on the matter. [24734/12]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Question 177: To ask the Minister for Children and Youth Affairs the progress made in discussions with the Russian authorities in relation to adoptions from Russia; and if she will make a statement on the matter. [24735/12]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 170, 172, 176 and 177 together.

The Adoption Act, 2010, which was commenced on 1st November 2010, 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 Adoption Act, 2010, which provides the legislative framework for adoption in Ireland, is designed to provide a framework to ensure that all adoptions are effected in the best interests of the child and to the highest possible standard. The phrase 'in the best interests of the child' is absolutely key in this regard. It must not be forgotten that intercountry adoption is a service for those children who cannot be raised by their birth parents or cared for in their own country. The interests of the child must always be paramount throughout the adoption process. This is best achieved through the full implementation of the highest national and international standards governing adoption practice. This is the primary concern for the Adoption Authority of Ireland in conducting its business as it relates to intercountry adoption.

Adoptions from Russia, 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). Under the provisions of the legislation, such adoptions may take place up to the end of October 2013.

As regards adoptions thereafter, Russia has not ratified the Hague Convention and there appears to be no immediate prospect that this will happen. Therefore, future adoptions from Russia, beyond those provided for under the transitional arrangements, may only be possible under a bilateral agreement. The negotiation of bilateral agreements on intercountry 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." Any bilateral arrangements which might be entered into would be required by law to meet the minimum standards set out in the Hague Convention.

A delegation comprised of representatives of the Adoption Authority and officials from my Department held exploratory meetings with the Russian authorities in December of last year. The delegation visited Russia in relation to preliminary discussions around the potential for a bilateral on intercountry adoption. This was a follow up to previous discussions which took place earlier in the year, on the initiative of the Russian authorities. I have received an initial assessment from the Adoption Authority which will inform the next steps to be taken in relation to this matter. My Department is in discussions with the Adoption Authority on this assessment and other issues which will influence any policy decisions to be taken in this regard. I am aware of the need to bring clarity to the situation in respect of Russia and I hope to be in a position to do so as soon as possible.

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