Statement by the Minister for Children and Youth Affairs, Barry Andrews, T.D. on Intercountry Adoption with Vietnam
“I would like to once again reiterate my personal commitment and the Government’s commitment to putting in place a new bilateral international adoption agreement with Vietnam. I am very aware of the anxiety being experienced by all applicants and their wider families. The pain, so clearly articulated in the many communications that I have received, leaves me in no doubt about the sensitivity of the issue and the importance attaching to it for all concerned.
The steps that we are taking are not intended to cause unnecessary angst and frustration. We are engaged in a process that seeks to strengthen the protection of children in intercountry adoption between the two countries.”
The Minister for Children and Youth Affairs, met yesterday with representatives of the support groups for applicants seeking to adopt children from Vietnam. This is part of the ongoing dialogue with the IAA, VINAF, VietIrishSupport and the ICAA around the situation in Vietnam. The support groups have been actively raising this matter and facilitating a line of communication from and to applicants for adoption which the Minister acknowledges and appreciates. The need to continue to communicate as clearly as possible on the matter was reiterated strongly to the Minister, having regard to the difficult decisions facing those applicants hoping to adopt from Vietnam.
At this meeting the Minister outlined the current position in relation to the negotiations on a new Agreement on intercountry adoption with the Socialist Republic of Vietnam.
The situation is as follows:
The Government, in light of its duty to protect children, families and applicants, takes very seriously the fact that a bilateral agreement can enable safe, secure and appropriately effected adoptions. This is the key principle guiding the Government in attempting to secure a strengthened Agreement with Vietnam.
- Work in relation to the situation in Vietnam has been ongoing for over 14 months. There has been a number of visits to Vietnam in that time.
- The original Agreement with Vietnam is based on Hague principles. However, as part of the preparations for the new legislation there was a need to examine the existing arrangements to ensure it reflected the Hague Convention as comprehensively as possible and to take account of the considerable developments in intercountry adoption in Vietnam since the Agreement was signed 5 years ago.
- In light of concerns raised by other countries and which emerged during 2008, the Government decided it was necessary to seek a strengthening of the existing agreement with Vietnam. With the publication of the Adoption Bill, 2009, it was also considered necessary to ensure that both the content of a new agreement and its implementation would meet the minimum standards set in that Bill and under the Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption.
- There has been ongoing dialogue with the Vietnamese side over this period. This has been positive and the strong relationship Ireland has with Vietnam has been evident in those discussions. The focus has been on achieving the requisite strengthening of procedures for the protection of children.
- Many options, including possible transitional arrangements, have also been considered during that period.
- The Socialist Republic of Vietnam is a sovereign state – the progress that can be made relies on the co-operation and goodwill of that State. This is a sensitive issue and the Government, despite its aspirations, must of course be respectful of the views and decisions made by the Government of Vietnam.
- An Irish delegation travelled to Vietnam in the week commencing 20th April, 2009.
- The meetings were progressive but there are a number of residual issues and discussions on these issues are ongoing.
- It is the Minister’s intention to continue with these discussions with a view to bringing them to a conclusion at the earliest possible date. It is anticipated that further proposals to advance the discussions will be made to the Socialist Republic of Vietnam in the next week. It is also anticipated that the Vietnamese side will revert with proposals on their part shortly.
- One matter that has emerged in the public comment is whether the provision of post adoption reports is an issue. Such speculation is unfounded. The Helping Hands Mediation Agency (HHMA) received an award from the International Adoption Department in Vietnam for providing detailed post adoption reports and has been complimented on several occasions for having an excellent system in place to ensure that all reports are returned to Vietnam on time. This is an example of where speculation on either the nature of the issues or the degree of progress being made is unhelpful and could compromise the outcome of discussions. It may also prove misleading and distressing to those applicants currently waiting to adopt.
- The Minister is also aware that the Adoption Board will make a separate statement regarding the procedural arrangements for adoptions already in train.
The Adoption Board has advised:
a) All adoptions from Vietnam, which have been registered on the Register of Foreign Adoptions, are safe and secure;
b) All applicants who have adopted children from Vietnam and returned to Ireland but as yet, have no entry in the Register of Foreign Adoptions will be registered subject to the usual statutory requirements;
c) Applicants who have referrals in respect of children from Vietnam will be allowed to complete their adoption;
d) There will be no new referrals from May 1st, 2009.
e) The process of granting Declarations (which are not country specific) is not affected by the ending of the Bilateral Agreement with Vietnam.
ENDS
