Written answers

Wednesday, 20 March 2013

Department of Children and Youth Affairs

Foreign Adoptions

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Dublin North Central, Labour)
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To ask the Minister for Children and Youth Affairs if she will clarify the situation whereby couples who commenced their international adoption of children prior to the ratification of the Hague Convention by Ireland cannot register their children with the Adoption Authority of Ireland despite being the de facto parent and legal guardian to said child; if her attention has been drawn to the fact that there are 20 such couples in this situation and that the Adoption Authority of Ireland was originally meant to bring High Court action on this issue to have it resolved but has now decided not so. [13622/13]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I presume the Deputy's question relates to applications made to the Adoption Authority of Ireland (AAI) for entry into the Register of Intercounty Adoptions in relation to adoption orders from Mexico, which were made following the commencement of the Adoption Act, 2010.

The Adoption Act, 2010, gives force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. The legislation, which incorporates the provisions of the Hague Convention, provides a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Any adoption from a Hague country must comply with the Adoption Act, 2010 and the Hague Convention.

The Adoption Authority of Ireland (AAI) 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 Authority advises me that the Mexican Central Authority has officially stated it is not in a position to issue the Article 23 certificate, as required under the terms of the Hague Convention. The AAI has received legal advice that given the position of the Mexican Central Authority in relation to this adoption, and without the required Article 23 certificate, under the terms of the Adoption Act, 2010, the AAI is unable to recognise the adoption or to effect an entry on the Register of Intercountry Adoptions.

The Authority has considered making an application to the High Court under section 49 of the Adoption Act, 2010. However, having regard to the above circumstances, the Authority has received legal advice that there is no legal basis for effecting registration.

The Authority has contacted the applicants notifying them of the decision in this regard. The Authority has advised applicants it is open to them to seek independent legal advice in relation to this matter.

The Authority has undertaken to notify the Health Service Executive of this position in order that the HSE is aware of the issues arising in relation to these cases. My Department continues to monitor this matter.

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