Written answers

Thursday, 16 July 2015

Department of Children and Youth Affairs

Inter-Country Adoptions

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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415. To ask the Minister for Children and Youth Affairs the work undertaken to date by his Department and by the Adoption Authority of Ireland to advance a bilateral adoption agreement with Russia, that is, the number and dates of meetings held between him, his predecessors, his officials, the authority and the Russian authorities and all other relevant authorities; and if he will make a statement on the matter. [29608/15]

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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416. To ask the Minister for Children and Youth Affairs the last time he held discussions with his Russian counterpart, the Russian Ambassador to Ireland and the Irish Ambassador to Russia to discuss a bilateral adoption agreement between the two countries; if he has any future meetings arranged; and if he will make a statement on the matter. [29847/15]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I propose to take Questions Nos. 415 and 416 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. 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. A delegation from my Department and the Adoption Authority of Ireland visited Moscow in December 2011 to hold preliminary discussions in this regard.

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 also been a number of meetings with officials from my Department 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 my 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. My 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. In addition, other issues in the draft bilateral require further clarification. 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 from my Department 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 relation to the provision of post placement reports are acceptable to the Russian Federation before continuing the detailed negotiations. The Irish Ambassador to Russia has been providing the Department with consular assistance in this regard.

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.

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