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Topical Issues Debate: The need to conclude a bilateral adoption agreement with the Russian Authorities -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

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.