Written answers

Tuesday, 3 December 2013

Department of Children and Youth Affairs

Foreign Adoptions

Photo of Jack WallJack Wall (Kildare South, Labour)
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369. To ask the Minister for Children and Youth Affairs if her attention has been drawn to the concerns expressed in a submission (details supplied) regarding Russian adoptions; if she has any information regarding the concerns; and if she will make a statement on the matter. [51312/13]

Photo of Jack WallJack Wall (Kildare South, Labour)
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373. To ask the Minister for Children and Youth Affairs her views regarding a submission on Russian adoptions (details supplied); the actions take or to be taken to address the concerns; and if she will make a statement on the matter. [51313/13]

Photo of Tom FlemingTom Fleming (Kerry South, Independent)
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374. To ask the Minister for Children and Youth Affairs if she will intervene and assist Irish families and help finalise Russian adoptions that were in the process of being completed prior to 31 October deadline which was stopped due to a change of law in Russia; and if she will make a statement on the matter. [51331/13]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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379. To ask the Minister for Children and Youth Affairs if she will support the five families awaiting Russian adoptions (details supplied) [51483/13]

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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383. To ask the Minister for Children and Youth Affairs if her attention has been drawn to the situation involving five Irish families and their difficulties in finalising Russian adoptions they were in the process of completing; the action she will take to assist these families; and if she will make a statement on the matter. [51845/13]

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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387. To ask the Minister for Children and Youth Affairs if the advice has been received in relation to amending the Adoption Act 2010 to ensure that families who have been planning to adopt a child from Russia are still able to do so; when she anticipates this issue will be resolved; where the issue stands at present; and if she will make a statement on the matter. [51888/13]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 369, 373, 374, 379, 383 and 387 together.

The Adoption Act, 2010, provides for adoptions from countries that have ratified the Hague Convention on adoption and from countries where there is a bilateral agreement in place. During the drafting of the Act a considered and detailed transitional process to deal with the change from previous legislation to the new Act was put in place. The transitional measure contained in Section 63 of the Adoption Act, 2010, allows those who held a valid declaration of eligibility and suitability to adopt before the commencement of the Act to continue with an adoption, from a non-Hague, non-bilateral country for a maximum period of three years. Such applicants were thus afforded an additional three year period to complete these particular adoptions from non-Hague countries, and must have completed the process by the 31 October 2013.

One particular concern that has coincided with the expiry of the transitional provisions provided for in Section 63 of the Adoption Act 2010, is the position of a small number of applicants who were at a late stage in adopting from Russia when changes to Russian legislation were enacted which meant that they were unable to complete the adoption of identified children before 31 October, 2013. I have been contacted by four sets of prospective adopters who were affected by this change and who sought my assistance in this regard.

It is my understanding that in order to adopt from Russia it is necessary to have a valid declaration of eligibility and suitability to adopt on the date of the court hearing to finalise the adoption, and for a specified period thereafter before the Court order takes effect. In order that these adoptions, which were stopped by this change in Russian law, could continue an amendment to the Adoption Act, 2010, would be necessary to extend the validity of the declarations of eligibility and suitability.

The advice of the Attorney General was sought and my Department is currently examining legislative options that might assist, possibly through the retrospective extension of the declarations of eligibility and suitability concerned. As the Adoption Act, 2010, is drafted on the basis of the incorporation of the Hague Convention, and the minimum set of standards outlined therein, the implications of amending the Act must be carefully examined before the Government is in a position to consider any proposed amendment of the legislation. My Department, in conjunction with the Office of the Attorney General, is examining if it is possible to address this situation within the parameters of Irish law and our obligations under the Hague Convention. I and my officials have continued contact with the four sets of prospective adoptive parents affected by the changes in Russian legislation and who have sought my assistance in this regard.

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