Inter-country Adoption - Vietnam Update
24 September 2009
The Minister for Children and Youth Affairs, Mr Barry Andrews T.D, has made a number of recent statements in the Oireachtas on intercountry adoption. The Minister has at all times reiterated that the Government’s objective is to provide a system in which the child is at the centre of the adoption process, whether it is an intercountry or domestic adoption, and that adoptions are effected in a manner which is safe and secure.
Over the course of the last six weeks, two significant reports have been received regarding child welfare, protection and adoption in Vietnam. Firstly, in August 2009 the Ministry of Labour, Invalids and Social Affairs, with technical assistance from UNICEF in Vietnam, published a report entitled “Creating a protective environment for children in Viet Nam: An assessment of child protection laws and policies, especially children in special circumstances in Viet Nam”. Some of the issues raised in this Report had already been considered in the context of ongoing deliberations of the drafting of a new bilateral agreement with the Vietnamese. However, this Report has highlighted significant policy and legal implications and therefore warrants further deliberation.
Furthermore, the Minister has received, in draft form, a report of an examination of inter-country adoption in Vietnam carried out by the International Social Services (ISS). The Report was commissioned by UNICEF in coordination with the Ministry of Justice of Vietnam and it aims, inter alia, to “identify and address problems in both domestic and Inter-country Adoption processes with a view to assisting Vietnam in its preparations to ratify the Hague Convention”. The final version of this Report is likely to give rise to further issues for consideration.
It must be stressed that these two reports, both prepared in co-operation with the Vietnamese Government, and UNICEF, go to the heart of the matter in relation to concerns about inter-country adoption in Vietnam. Government would be failing in its duty to protect children if it did not acknowledge and consider the content of these reports extremely carefully before deciding on next steps. The Minister also recognises that these reports also serve to highlight the commitment of the Vietnamese Government to ensuring that the adoption process in Vietnam is in line with the best international standards and their willingness to address issues at the core of that commitment. The Minister is currently awaiting finalisation of the ISS Report, which is expected mid to late October.
The Minister is also fully aware that those involved in the adoptive process are asking for a clear Government indication as to whether a new bilateral agreement will be concluded. Furthermore, they wish to be informed about a time frame for likely next steps. In yesterday’s meeting with the Minister indicated that the Government must await receipt of the finalised ISS Report before a decision can be made as to whether to continue with negotiations on a new bilateral agreement with Vietnam. The draft ISS report addresses in some detail the concerns raised in the past in relation to inter-country adoption from Vietnam. Given the sensitivity of matters at hand and the gravity of the decisions to be made, the Minister believes it prudent to await the finalisation of the ISS report. However, even if the decision is made to proceed with the negotiation of a new bilateral agreement, this process will take some time. It is conceivable, because of the legal complexity involved, that this process could very well run in to the early part of next year.
This is an extremely sensitive matter and the Minister is aware of the likely concerns of the many Irish families that have already adopted children from Vietnam. Having consulted with the Adoption Board, the Minister has been advised that all adoptions from Vietnam, which have been registered on the Register of Foreign Adoptions, are safe and secure. There should be no doubt about the status of adoptions that have already been effected from Vietnam. These children have been adopted by loving families in Ireland and there is no doubt concerning their status. During yesterday’s meeting the Minister also assured the groups that he views inter-country adoption as a legitimate and important form of alternative care for those children who need it.
The Minister is also acutely conscious of the concerns of prospective adoptive parents, and over the past number of months has met regularly with the representative groups. The Minister is deeply aware of the angst, frustration and emotion that prospective adoptive parents continue to experience at this time.
His efforts, at all times, are to communicate through the groups who can inform him of issues raised by families who have already adopted, their children and those who hope to adopt in the future. The Minister is committed to continuing with this process.
Renewal of Declarations
The granting of a declaration is a quasi-judicial process and is a major step in the adoption procedure which is of significance, not only to the applicants, but to the child which they will eventually adopt. The issuing of declarations of eligibility and suitability is a matter for the Adoption Board which is an independent statutory body. The Adoption Board must comply with the provisions set down in the Adoption Act, 1991.
Applications for an extension to the validity of a declaration must be made in the first 12 month period of validity of the declaration i.e. while the declaration is in date. The Adoption Board must also consider whether it is reasonable and proper to grant extensions for a further period.
Given the concerns of prospective adoptive parents, the Minister has raised the matter with the Adoption Board and they have indicated that they will be as sympathetic to such applicants as is possible within the legal framework.
The Minister also met with officials from the Health Service Executive today to discuss supports for prospective adoptive parents, who in light of the timescales mapped out now, or in the event of a decision not to proceed with a bilateral agreement wish to change jurisdictions. The HSE assured the Minister that they would be as supportive and as flexible as possible in this regard.
