Written answers
Tuesday, 14 February 2017
Department of Children and Youth Affairs
Foreign Adoptions
Jonathan O'Brien (Cork North Central, Sinn Fein)
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679. To ask the Minister for Children and Youth Affairs the documentation that must be supplied in order that the adoption of a child from Morocco be recognised here. [7282/17]
Jonathan O'Brien (Cork North Central, Sinn Fein)
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680. To ask the Minister for Children and Youth Affairs if the State has recognised any foreign kafala adoptions here; and if she will make a statement on the matter. [7283/17]
Jonathan O'Brien (Cork North Central, Sinn Fein)
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681. To ask the Minister for Children and Youth Affairs the process that a person (details supplied) must go through to have the kafala adoption of their child from Morocco, that is legally recognised in that jurisdiction, recognised within this State. [7317/17]
Katherine Zappone (Dublin South West, Independent)
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I propose to take Questions Nos. 679 to 681, inclusive, together.
The Adoption Authority of Ireland (the Authority) has responsibility for determining whether an adoption may be recognised in accordance with the provisions of the Adoption Act 2010. The Authority has advised that to give recognition to an adoption effected in another country by applicants habitually resident in the country where the adoption is effected, the adoption would have to inter aliaconform to the definition of a 'foreign adoption' as defined in section 1 of the Adoption Act 1991 and the application for recognition would have to be accompanied by a valid adoption order from that country. The Authority has a legal opinion in relation to the laws of Morocco which deem them not to be in conformity with Irish Adoption Law, i.e. the effects of an adoption under Moroccan Law would not be the same as that of an adoption effected under Irish Adoption Law. It should also be noted that an order of Kafala is not an adoption order and the effects of Kafala are not on a par with an adoption as defined in Irish legislation. The Adoption Authority has not recognised orders of Kafala in the past.
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