Written answers

Tuesday, 6 November 2012

Department of Children and Youth Affairs

Inter-Country Adoptions

Photo of Brian WalshBrian Walsh (Galway West, Fine Gael)
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To ask the Minister for Children and Youth Affairs if she will provide an update on progress regarding the possibility of entering into a bilateral adoption agreement with Ethiopia; and if she will make a statement on the matter. [47838/12]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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To ask the Minister for Children and Youth Affairs the position regarding the Ethiopian adoption issue and plans for the future of same. [48345/12]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 958 and 966 together.

Ethiopia is not a signatory of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. In these circumstances, future adoptions from Ethiopia would require a bilateral agreement between Ireland and Ethiopia. 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."

The Adoption Authority delegation visit to Ethiopia in April of this year was an initial part of the Authority's deliberations on the feasibility and suitability of entering into discussions with Ethiopia on a bilateral adoption agreement. The Authority is awaiting legal advice and will contact me once it has received this advice and completed its consideration of the matter. Once I have received the Authority's assessment I can then fully consider the appropriate next steps in this regard.

Photo of Brian WalshBrian Walsh (Galway West, Fine Gael)
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To ask the Minister for Children and Youth Affairs if she will provide an update on progress made regarding the possibility of entering into a bilateral adoption agreement with Russia; and if she will make a statement on the matter. [47839/12]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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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; 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. Any bilateral arrangements which might be entered into would be required by law to meet the minimum standards set out in the Hague Convention.

It is the role of the Adoption Authority to make an assessment of whether the intercountry adoption legislation and practices in a non-contracting state, in this case Russia, are in compliance with both Irish legislation and the principles of the Hague Convention. As part of this assessment the Adoption Authority has reviewed a draft bilateral agreement presented to it during previous discussions with its Russian counterparts and has provided me with an initial assessment in this regard. I have asked the Adoption Authority to have further exploratory talks with the Russian authorities focussing on areas of concern in order that the Authority may progress its assessment of the situation and provide a definitive recommendation to me on the feasibility of formally opening discussion with the Russian Federation under Section 73 of the Adoption Act 2010. The Adoption Authority, through the Irish Embassy in Moscow, have sought to meet the Russian authorities in this regard. The Russian authorities have indicated that they are not in a position to facilitate such a meeting until the first quarter of 2013. The Adoption Authority is following-up to secure an appropriate date.

Further information on intercountry adoption from Russia can be found on the Adoption Authority website (www.aai.gov.ie).

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