Vietnam Adoptions

To ask the Minister for Health and Children the position regarding the agreement on adoptions between Ireland and Vietnam; and if she will make a statement on the matter. – Dan Neville

For WRITTEN answer on Wednesday, 29th September, 2010

REPLY.

The Adoption Act, 2010 gives force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future intercountry adoption arrangements will be governed by the terms of the Adoption Act, 2010, once commenced.

The papers for the ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption were deposited with the Ministry of Foreign Affairs of the Netherlands on 28th July 2010. In accordance with Article 46.1 of the Convention, the Convention enters into force for Ireland on 1 November 2010.

It is my understanding that the Vietnamese National Assembly has recently passed legislation which should allow for a move to ratification of the Hague Convention. In the event that both Ireland and Vietnam ratify the Convention there is every reason to expect that adoptions from Vietnam could re-commence subject to the provisions of the Convention and the legislation in both Countries being met in this regard.

As both countries will have ratified the Hague Convention there will be no need for a formal bi-lateral agreement with regard to inter-country adoption. At the time of ratification Ireland and Vietnam will each designate a Central Authority to discharge the duties which are imposed by the Hague Convention. Administrative arrangements will be a matter for the Adoption Authority, as Ireland’s designated Central Authority, to make with the designated Vietnamese Central Authority.