Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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To ask the Minister for Children and Youth Affairs if comments she made in Topical Debates earlier this year (details supplied) will mean that upon the pending signing of an agreement on intercountry adoption between Ireland and Vietnam, Vietnamese-born children with special needs will not be afforded the full protections, safeguards and rights as set out under the terms of the Hague Convention on Protection and Co-operation in Respect of Intercountry Adoption [40403/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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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 and its enactment coincided with the establishment of the Adoption Authority of Ireland (AAI). The Adoption Authority of Ireland 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 AAI is the Central Authority with responsibility for overseeing standards in respect of the adoption process taking place within this jurisdiction.

In considering matters relating to intercountry adoption the Authority must satisfy itself that the adoption complies with the terms and conditions of the 1993 Hague Convention, which is a co-operative agreement drawn up to allow countries to mutually support one another in protecting the best interests of children in the intercountry adoption process. It is designed in such a way as to allow for mirrored mechanisms and structures to mutually assure countries of the safety and standard of intercountry adoptions in those countries. This applies to all children in the inter country adoption process, including those with special needs.

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.