The urgent need for the Department of Children to conclude a bilateral
adoption agreement with the Russian Authorities and in the interim to
extend the 31st October, 2013 deadline for those couples currently engaged
in pursuing an adoption in a non Hague country including Russia with the
approval of the Irish Adoption Authority and if she will make a Statement
on the matter.
REVISED TEXT
The need to conclude a bilateral adoption agreement with the Russian
Authorities
Deputy Michael Creed T.D.
Speech by Minister for Justice, Equality and Defence, Alan Shatter T.D on
behalf of the Minister for Children and Youth Affairs
27th June 2013
I will be taking this Topical Issue debate on behalf of my colleague
Frances Fitzgerald T.D. Minister for Children and Youth Affairs
The Adoption Act 2010 provides for intercountry adoption between countries
that have ratified the Hague Convention or between countries with which
Ireland has a bilateral agreement. Section 63 of the Act allows applicants
who held valid declarations prior to the commencement of the 2010 Act, to
proceed with an adoption in a non-Hague Convention state "that, in the
opinion of the Authority, applied standards regarding the adoption
concerned that accord with those in the Hague Convention". This measure
will have been in place for three years when it expires at the end of
October. Minister Fitzgerald has no plans to extend the provisions any
further.
Russia became a signatory to the Hague Convention on Intercountry Adoption
on the 1st September 2000, but to date has not ratified the Convention.
Therefore for intercountry adoptions with Russia to continue, after 31
October 2013, (when the transitional arrangements for Prospective Adoptive
Parents holding declarations of eligibility and suitability to adopt issued
prior to the commencement of the Adoption Act 2010, come to an end), it
would be necessary to negotiate a bilateral agreement under Article 73 of
the Adoption Act 2010.
In March of this year, Minister Fitzgerald travelled to Moscow, accompanied
by Dr Geoffrey Shannon, Chair of the Adoption Authority of Ireland, in
order to discuss at a diplomatic level issues in relation to the potential
for a bilateral agreement with Russia.
During her visit she met with her counterpart, Minister Dmitry Livanov,
Minister of Education and Science of the Russian Federation. This meeting
was productive and allowed for an exchange of views on the possibility of
Ireland entering into a bilateral agreement on intercountry adoption with
Russia. The Russian authorities acknowledged the satisfactory outcomes for
the 1300 or more Russian children adopted in Ireland since 2002 and
expressed a willingness to conclude an agreement with Ireland which would
be subject to the approval of the Russian parliament. The Minister stated
that many Irish families were hopeful of completing future adoptions of
Russian children.
During these meetings Minister Fitzgerald reiterated to the Russian
authorities that the Irish Constitution protects the integrity of family
life and that once adopted in Ireland the child is treated in the same way
as other Irish children. 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. Minister Fitzgerald highlighted the implications
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 (that is reports to the Russian authorities
subsequent to the adoption taking place) 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 saying this, she emphasised the high standards of child protection that
exist in Ireland for all children and the legislative basis under which
these standards are enforced. Minister Fitzgerald also emphasised the
commitment of the State to intervene in instances where the safety or
welfare of any child, adopted or otherwise, is in anyway compromised and
outlined the total commitment of the Irish Government to the child
protection and welfare.
The Department of Children and Youth Affairs has undertaken an examination
of the draft bilateral agreement on intercountry adoption proposed by the
Russian Federation. The Department has focused in particular on this issue
of post placement reporting in relation to Russian children adopted in
Ireland, which the Russian authorities have indicated will be a necessary
component of any bilateral agreement.
To this end a draft wording of the sections of the draft bilateral
agreement that relate to post placement reporting is being developed.
Department officials are in active discussions with officials in the Office
of the Attorney General and in the Department of Foreign Affairs on
advancing a draft agreement for consideration by the Russian authorities.
Minister Fitzgerald has invited the Russian authorities to visit Ireland in
September with a view to finalising consideration of this aspect of the
draft bilateral agreement.