Noel Grealish (Galway West, Independent)
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178. To ask the Minister for Children and Youth Affairs the current status of the bi-lateral agreement between Ireland and Russia in relation to inter-country adoptions; the time frame for the conclusion of this agreement; and if he will make a statement on the matter. [25361/15]

James Reilly (Dublin North, Fine Gael)
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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. Currently, adoptions are taking place with countries that have ratified the Convention. The Russian Federation has not ratified the Convention and therefore a bilateral agreement is necessary.

Efforts have been on-going in relation to a bilateral agreement on intercountry adoption between Ireland and the Russian Federation for a number of years. There have been a number of meetings with officials from the Department of Children and Youth Affairs and a delegation from the Ministry of Education and Science of the Russian Federation regarding a draft bilateral agreement on intercountry adoption between Ireland and the Russian Federation. The Office of the Attorney General has also provided advice to the Department in relation to the draft agreement.

The Irish Constitution protects the integrity of family life and once adopted in Ireland the child is treated as if they are the natural child of the adoptive parents. This means that the ability of the State to intervene in a family, when a child’s welfare and protection is not compromised, is limited. The Department has advised the Russian Federation of this Constitutional imperative in instances where families, who had given commitments to the Russian authorities in regard to the provision of post placement reports, fail to adhere to those commitments. In these instances the State has no legislative power to enforce compliance with the commitments given by Irish families, legal or otherwise, to provide post placement reports. There are a number of other additional issues that require further clarification and it is imperative that these matters are fully addressed so as to ensure that further discussions on other aspects of the bilateral agreement are beneficial.

It was intended that officials visit Russia in January of this year; however, it was decided to liaise with officials in the Ministry of Education and Science in Russia through the Embassy to ensure that Irish proposals in regard the provision of post placement reports are acceptable to the Russian Federation before continuing the detailed negotiations.

Efforts are ongoing in my Department in relation to progressing this work. The Russian Irish Adoption Group is a group of families that are interested in adopting children from Russia. The Minister for Children and Youth Affairs and the Departmental officials are willing to meet with this group, should they request such a meeting.

The issue of the negotiation of a bilateral agreement with Russia has to be considered in the context of the overall priorities of the Department in relation to adoption and the general focus of Ireland in regard to countries of origin for Inter Country Adoption.