Written answers

Tuesday, 10 December 2013

Department of Children and Youth Affairs

Adoption Legislation

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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456. To ask the Minister for Children and Youth Affairs if she intends to amend the Adoption Act 2010; and if these amendments will be published before the end of the current year. [52482/13]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Adoption Act, 2010, which entered into force on 1 November 2010, gives force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. The Act was written against the backdrop of the of the Hague Convention and a commitment to improving standards outlined in the Convention. The Hague principles of subsidiarity, support for birth families, free and informed consent for birth parents, and international adoption as a resource for the permanent care of children, are a means for improving standards in intercountry adoption and mitigating against some of the risks inherent in intercountry adoption.

The Adoption Act 2010 has been in operation for nearly three years now. Since the implementation of the Act, as is often the case with complex legislation, issues have arisen in relation to the operation of the Act. There are also more general policy questions around the nature of our adoption regime. In the circumstances I think it is timely to consider a review of adoption. Given the range and complexity of the issues this will require a preliminary examination following which decisions will be made on the extent and time scale for the review. I do not know at this stage if proposals for legislative change will emerge from this review or the nature of such proposals. Based upon the many domestic and international legal aspects to adoption the issue of further legislative development will certainly be considered. This review will inform future operational and legislative considerations regarding the Adoption Act 2010.

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