02 April 2008

Justice

Hague Convention

Ciarán Cuffe asked the Minister for Health and Children the impact ratification of the Hague Convention will have on adoption arrangements between Ireland and Russia; the measures he will put in place to facilitate the adoption by Irish citizens of Russian children in the event that ratification of the Hague Convention by Ireland prevents adoption between Ireland and Russia; and if she will make a statement on the matter.

Ciarán Cuffe asked the Minister for Health and Children if he will confirm that citizens who are in receipt of a declaration from the Irish Adoption Board which expires and is then renewed, will not be prevented from completing their adoption from Russia in view of the fact that Russia has not ratified the Hague Convention and that there may be no bilateral agreement in place; and if she will make a statement on the matter.

Minister for Health and Children (Mr. Smith):

The Deputy refers to the proposed legislation to ratify the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

The Convention and the legislation to ratify it is not aimed at preventing intercountry adoptions between countries. The purpose of legislating and ratifying the Hague Convention is to protect children in the process of adoption. The Hague Convention emphasises the importance of regulatory systems in protecting the fundamental rights of children, and in preventing the abduction, the sale of, or traffic in children. Ratification of the Hague Convention puts in place the equivalent of a contract between states to regulate the standards that will apply in each jurisdiction.

It is the intention that the proposed adoption legislation will ensure all intercountry adoptions meet standards of the Convention either through ratification of the Convention or through bilateral agreements which meet the standards of the Hague Convention. In anticipation of that situation, I have asked officials to liaise with colleagues in the Department of Foreign Affairs with a view to assessing the readiness and appropriateness of entering discussions regarding bilateral agreements with a number of countries including Russia. Every effort will be made to advance these discussions