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Adoption Board of Ireland
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Adoption Board statement on Haiti
19th January 2010
http://www.adoptionboard.ie/intercountry/index.php
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Minister Barry Andrews, T.D. Announces Government Decision to Suspend Bilateral Intercountry Adoption Negotiations with Vietnam
Thursday, 14th January 2010
The Government has decided to suspend indefinitely negotiations on a new bilateral intercountry adoption agreement with the Socialist Republic of Vietnam. This will have the effect of suspending intercountry adoption from Vietnam until such time as the Adoption Bill 2009 has been enacted and Ireland and Vietnam have both ratified the provisions of the Hague Convention.
The decision, which will cause bitter disappointment for the many families hoping to adopt from Vietnam, was taken in response to the serious findings and recommendations contained in the report on intercountry adoption commissioned by UNICEF and the Vietnamese Ministry of Justice and carried out by International Social Services (ISS). An earlier report published last August by the Vietnamese Ministry of Labour, Invalids and Social Affairs (MOLISA) was also considered in making the decision.
The UNICEF/ISS report, which was accepted by the Vietnamese Government, “proposes that Vietnam suspends intercountry adoptions for the necessary period during the year 2010 that will enable it to ensure optimal implementation of the Hague Convention and to prepare for the entry into force of the new law on adoption in 2011”. The Report also raises serious questions regarding adoption practices in Vietnam, including as follows:
(a) inter-country adoptions from Vietnam are essentially influenced by foreign demand, i.e. the availability of children who are “adoptable” abroad corresponds more to the existence of foreign prospective adopters than to the actual needs of “abandoned” and orphaned children;
(b) the circumstances under which babies become “adoptable” are invariably unclear and disturbing;
(c) the inter-country adoption system is grounded in a remarkably unhealthy relationship between the mediating agencies and specific residential facilities; and
(d) Governments and central authorities of “receiving countries” collectively at least, and individually in many instances have not effectively committed themselves to applying the basic principles of the Hague Convention or the recommendations of the treaty’s practical operation, in their dealings with Vietnam.
Speaking this afternoon, the Minister for Children and Youth Affairs, Barry Andrews, T.D. said, “I am acutely aware of the disappointment that will be felt as a result of this announcement. Most prospective adoptive parents that I have met in recent weeks have above all else asked for certainty and an end to the speculation about the Government’s intentions. Though this is not the news many were hoping for, it will allow prospective adoptive parents to make future choices based on the fact that intercountry adoption with Vietnam will be suspended until Hague ratification is completed in both countries.”
The Minister added, “I am fully convinced of the Vietnamese Government’s commitment to improving child protection services. They are well advanced in putting in place the legislative framework that supports safe and secure domestic and intercountry adoption. Child protection practice is improving. However, the latest expert opinion points to worrying practices today. Of greatest concern is the question of whether the child is “adoptable”. The issues of consent and the exchange of fees are critical in the adoption process. These two fundamental features of adoption law must be addressed prior to any bilateral agreement. I am confident that in the near future Vietnam will ratify the Hague Convention and at that time, I would hope and expect adoptions to resume.”
This decision comes at the end of a very difficult process for prospective parents. The path to intercountry adoption is difficult and made more so in Ireland by the excessive waiting times. I have pointed to provisions in the new Adoption Bill that will, I hope, provide potential to reduce the waiting lists by creating a new assessment process. The nature of intercountry adoption is that countries “open” and “close”. Both receiving and sending countries will at times suspend intercountry adoption arrangements. It is very possible that by the time the person wishing to adopt from a certain country of origin gets a Declaration of Eligibility and Suitability that their designated country may have closed and they are then forced to look at other sending countries.”
“When any Government enters into a bilateral international adoption agreement, there is an expectation that the Government has satisfied itself that current policies and practice in the country of origin are robust. A level of security and comfort is derived from the fact that a Government has signed up to such an agreement. While accepting that an element of risk always attaches to intercountry adoption, the standard required to allow a Government enter into a bilateral agreement is high. At this moment, there is sufficient evidence to caution against entering into such an agreement with Vietnam,” said the Minister.
The Government has committed to providing technical assistance to the Vietnamese authorities in the area of child welfare and protection to help prepare the way for ratification of the Hague Convention should the Vietnamese wish to avail of such an offer.
The Minister stated, “I am very conscious that people will be left asking where they should now turn in order to effect an adoption. I have asked the Adoption Board to identify Hague countries that would be willing to enter into administrative arrangements with Ireland, which would facilitate intercountry adoption. I understand that the Adoption Board has made contact with a number of jurisdictions in the hope of establishing new arrangements to facilitate intercountry adoption.
Furthermore, having met with the Adoption Board to discuss future arrangements for persons with Declarations of Eligibility and Suitability for Vietnam, the Board has agreed the following arrangements:
• all couples/individuals currently with a declaration of eligibility and suitability for Vietnam may select a new country to adopt from, subject to submitting the usual change of country report to the Adoption Board, but may also retain their current place on the HHAMA list for Vietnam, which is being maintained;
• in the event of Vietnam reopening, those on the Vietnamese waiting list, whose declarations have not been used in the meantime to effect an adoption in another country, will be in a position to proceed without delay and having regard to their position on the Vietnam list.
• all couples/individuals currently with a Declaration of Eligibility and Suitability for Vietnam but who have sought to change in recent months will be in a position to avail of the foregoing arrangements.
Couples/individuals wishing to change their country of origin are advised to contact their local social worker who will facilitate the change. The
“I am confident that Vietnam will ratify the Hague Convention in the near future. It is significant that the Hague Conference has identified Vietnam for priority assistance this year. In this regard, I hope and expect that Vietnam will reopen for intercountry adoption with Ireland in the not too distant future,” said the Minister.
The Minister concluded by saying, “I am very conscious of the position of the children who have been adopted into this country from Vietnam in recent years. We all have a responsibility to these children and the status of their adoptions is not in question. These adoptions have gone through a lengthy legal process and have been entered into the Register of Foreign Adoptions. Any discussion on today’s announcement should take this into account.”
ENDS
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Herewith below, the weblink to the Molisa/Unicef Study on Child Protection in Vietnam received by the Adoption Board from the Office of the Minister for Children & Youth Affairs on 21st August 2009.
http://www.omc.gov.ie/documents/legislation/Molisa_Report_2009.pdf
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Irish Embassy (Addis Ababa)
Update on Ethiopia
10th July 2009
By way of update on the suspension on hearings of adoption cases involving abandoned children from private orphanages in Addis Ababa, we understand that the Federal First Instance Court has now resumed hearing these cases. Cases are currently being scheduled for late July as it seems the public office in the relevant Ministry is engaged in change management training and is currently closed. This may impact on the necessary preparatory procedures until about the third week of July.
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IMPORTANT NOTICE FOR APPLICANTS WHO RECEIVED A REFERRAL OF A CHILD FROM
BEFORE
1st MAY 2009
A number of applicants received a referral of a child from
Please note that, as previously announced (1st April last), the Vietnamese authorities have agreed that these adoptions will proceed. Helping Hands Adoption Mediation Agency (HHAMA) will provide the normal service to these applicants here and in
Travel dates will be issued as normal to these applicants.
HHAMA will contact you when your travel date is notified to them by the Vietnamese authorities.
Adoption Board
15th June 2009
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The following statement was issued by the
Office of the Minister for Children
on 12th June 2009
Statement by Barry Andrews TD, Minister for Children and Youth Affairs on
As you know, I informed the representative adoptive groups over three weeks ago that the Irish Government had officially written to the Government of the Socialist Republic of Vietnam to request an interim international adoption agreement. The Irish Government awaits a response from the Vietnamese authorities on the interim agreement. The request is now a matter for the Vietnamese Government and as such it would be improper for the Irish Government to seek to influence or interfere with this decision making process. However, my officials are in constant contact with the Department of Foreign Affairs and the Embassy on the ground in
I have been informed by the Vietnamese Government that Helping Hands’ mediation license has been revoked. The Government had requested that the mediation license for Helping Hands be suspended rather than revoked in light of ongoing discussions on a bilateral agreement. In the absence of an intercountry adoption agreement, the Vietnamese Government was not in a position to make any exception to the granting of a license to Helping Hands. As a consequence, 20 applications, which are currently in
The reinstatement of the Helping Hands license is necessary to facilitate adoptions from
As I stated back in May, the purpose of providing for an interim agreement is to allow the necessary time and space to conclude discussions on the text of the bilateral agreement already under consideration. That remains the priority and all expert opinion suggests that a bilateral agreement is the best mechanism to provide assurances around international adoption and improve standards.
I realise that the pending Dáil summer recess is causing concern with fears being expressed that Government business will be suspended until the Dáil reconvenes in late September. This is not the case. I have already advised all of the interested parties of my willingness to travel to
The uncertainty surrounding this process has caused stress and anxiety to applicants/prospective adoptive parents. This is something I am acutely aware of and any information that comes to hand will be shared without delay.
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UPDATED
ADOPTION BOARD ADVISORY
ADOPTIONS FROM
The Adoption Board wishes to advise applicants intending to adopt in
The court in
We are monitoring the situation closely and any updates will be posted on this website.
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Statement from the Adoption Board
regarding intercountry adoption
from
The Adoption Board has been advised by the Office of the Minister for Children and Youth Affairs that the existing state-to-state intercountry adoption agreement between
As previously advised by the Vietnamese authorities, no new applications have been accepted by
The Adoption Board wishes to advise applicants in the process of adopting or intending to adopt from
- Applicants awaiting assessment by the Health Service Executive
Q. ‘Should we change country?’
A. This is a matter for you to consider. You should check the Office of the Minister for Children & Youth Affairs website for Ministerial announcements. (www.omc.gov.ie)
- Applicants currently being assessed by the Health Service Executive
Q. ‘Should we change country?’
A. This is a matter for you to consider. You should check the Office of the Minister for Children & Youth Affairs website for Ministerial announcements.
- Applicants awaiting a Dec from ABU
Q. Will we get our Declaration?
A. The process of granting Declarations is not affected by the ending of the Bilateral Agreement. The Declaration may be granted subject to the usual procedures.
Q. Should we change country?
A. This is a matter for you to consider. You should check the Office of the Minister for Children & Youth Affairs website for Ministerial announcements.
Q. How do we go about changing country?
A. Contact the Health Service Executive and request an addendum report.
· Applicants with Declarations (packs currently with Helping Hands Mediation Agency)
Q. Should we change country?
A. This is a matter for you to consider. You should check the Office of the Minister for Children & Youth Affairs website for Ministerial announcements.
Q. How do we go about changing country?
A. Contact the Health Service Executive. It will be necessary for you to request the return of your pack from Helping Hands.
· Applicants with Declarations (packs currently in
Q. Will we get a referral of a child?
A. The Board has been advised by the Vietnamese authorities that if you have not received a referral to date, you will not receive under the current agreement.
Q. How do we get our pack back from
A. The Board has been advised by the Vietnamese authorities that they will return these packs to Helping Hands before the 15 May next..
Q. How do we go about changing country?
A. Contact the Health Service Executive and request an addendum report.
· Applicants with Referrals
Q. Will we get to finalise the adoption?
A. The Board has been advised by the Vietnamese authorities that applicants who have referrals will be allowed complete their adoption. There will be no new referrals from
· Applicants with Referrals & Travel dates
Q. Can we travel?
a. Yes.
Q. Will we get an entry in the Foreign Register?
A. Yes, subject to usual statutory requirements* being satisfied.
R. Applicants with children in
Q. Will we get an entry in the Foreign Register?
a. Yes, subject to usual statutory requirements* being satisfied.
· Applicants with entries in the Register of Foreign Adoptions
Q. Is our adoption safe and secure?
A. Yes
The Board advices applicants to ensure that their Declaration of Eligibility & Suitability is kept up to date. Arrangements for renewing Declarations are set out below.
The Board will continue to post updates from the Office of the Minister for Children & Youth Affairs on developments in the current negotiations on a new bi-lateral agreement as they are received.
*Adoption Acts, 1952-1998.
EXTENSIONS TO DECLARATIONS
FIRST EXTENSIONS
Applicants requiring a first extension to their Declaration should apply to the Adoption Board EIGHT WEEKS prior to their Declaration expiring. They should use the appropriate application form (EX1) for this purpose. First extensions are issued subject to the applicants submitting a Statutory Declaration.
Failure to apply for a first extension while the Declaration is valid may lead to delays as an updated assessment report shall be required from the Health Service Executive.
SECOND OR SUBSEQUENT EXTENSIONS
Applicants requiring a further (second or subsequent) extension should apply to the Adoption Board THREE MONTHS prior to the extension expiring. They should use the appropriate application form (EX2) for this purpose. The Adoption Board will notify the Health Service Executive of the request for extension and the Health Service Executive shall provide an updated assessment report as soon as is practicable.
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VIETNAM
The Adoption Board has received the following statement from the Office of the Minister for Children.
Statement of the Office of the Minister for Children
The expiration of the current bilateral international adoption agreement between
Negotiations on a new Agreement are continuing. Good progress was made during intensive discussions last week between the Irish delegation and the Vietnamese side. However, some issues remain outstanding. Due to the nature of international negotiations, it would not be appropriate for me to provide details of the issues at this stage.
I, my Cabinet colleagues and the officials in the Office of the Minister for Children and Youth Affairs, are working towards a resolution of the matters at hand in order to facilitate the conclusion of discussions. It is not possible to indicate at this time whether or when that process is likely to successfully conclude.
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