Statement by Adoption Authority of Ireland To

Statement by Adoption Authority of Ireland to

JOINT COMMITTEE ON HEALTH and CHILDREN

Mr. Chairman, Members of the Committee…

The Adoption Authority of Ireland (the ‘Authority’) is the National Central Authorityfor adoptions in Ireland The Authority’s functions are carried out pursuant to the Adoption Act 2010 and the 1993 Hague Convention on Protection of Children and Co-operation in Intercountry Adoption.

The three adoption service areas regulated by the Authorityand covered in this paper are:

domestic adoption
information and tracing
intercountry adoption

1. DOMESTIC ADOPTION

Domestic adoption occurs when families living in Ireland adopt a child in Ireland. Domestic adoption was legalised in Ireland in 1952. To date there have been in excess of 46,000 domestic adoption orders finalised by the Authority (and its predecessor, the Adoption Board).

Adoption Orders and Declarations of Eligibility and Suitability

In 2013, 116 adoption orders were granted and 86 of these were stepfamily adoptions.The Authority granted 164 Declarations of Eligibility and Suitability in the same year.

Current Policy and Legal Issues of Note in Domestic Adoption

The Authority welcomed the Children’s Referendum in November 2012 (the result has yet to be ratified) as it highlighted the rights and best interests of children, and sought to ensure that the voice of the child is heard in all matters concerning the child.

In its commitment to domestic adoption, the Authorityworks closely with the Child and Family Agency to place children in need of adoptive homes in Ireland in a timely and child-centred fashion.

In 2012 and 2013 a number of issues requiring legal attention were brought to the attention of the Minister for Children and Youth Affairs by the Authority:

(i)the option of ‘open adoption’

(ii)a legal means other than adoption to be explored in stepfamily and extended family situations to establish the rights and responsibilities of adoptive parents, without changing the status of the child’s mother to that of adoptive parent, and to prevent the birth/natural father’s loss of rights and responsibilities in relation to the child.

(iii)remove the automatic legal right to an assessment for adoption. Due to the legal right to assessment, no legal restriction can be placed on thenumbers of people seeking assessment for adoption.

2. INFORMATION AND TRACING

In Ireland, identifying information is not given to people who were adopted nor to their birth relatives without each other’s consent, as there is no legal basis to release the information and case law has prohibited the release of identifying information to people involved in adoption, to date. There is thereforelittle legal basis for the existence of services in this area of adoption. As there have been in excess of 46,000 legal domestic adoptions affecting at least 150,000 Irish citizens and unknown numbers of illegal registrations, the Authority believes that provision of a legal framework in this area is urgent.

National Adoption Contact Preference Register

The National Adoption Contact Preference Register (NACPR) was set up by the former Adoption Board in 2005. It allows birth relatives and people who were adopted to express their choice for contact or a veto on such contact, with a blood relative. In 2012 and 2013 there were1,236 applications to join the NACPR which resulted in 125 matches in those years. By the end of 2013 there were almost 7,500 adopted people and 3,400 natural relatives on the register. This has resulted in 670 matches to date.

As the NACPR is voluntary and passive, its success depends on the number of adopted persons and birth relatives choosing to register their wishes in relation to contact. This is because people register and are matched before any connection can be made between the parties. Any enquirers to the Authority or Child and Family Agency adoption services and accredited adoption service providers are routinely informed about the existence of this register and are strongly encouraged to join. The Authority appeals to any other persons or organisations with an interest in this area to do the same.

Current Policy and Legal Issues arising in Information & Tracing:

The Authority holds the view that all people who have been adopted have rights to identifying information. Release of birth certificates when an adult adopted person reaches 18 years must be given serious consideration by the legislature. The Authority has previously made submissions to the Minister in this regard. The Authority believes that the release of identifying information should be a legal right, subject to certain conditions (such as the birth/natural mother or person who was adopted vetoing the release of information/contact, or being informed prior to the event, and counselling or mediation prior to release of the information), as is the case in other jurisdictions.

It is known through international experience and research, that access to knowledge of birth family and availability of professional counselling and mediation services in the area of search and reunion are essential post adoption services required for people involved in the lifelong process that is adoption. In the absence of legislation to frame practice, people have resorted to a number of methods to connect with birth families and the use of social media has resulted in immediate contact without the safeguards, such as counselling and time, required to protect all parties’ rights in this highly sensitive area. The Authoritymade submissions to the Minister with regard to people who believed themselves to be adopted or believed that they placed their children for adoption, such as people affected by illegal birth registrations, that they too should be free to avail of post adoption services and have a legal right to be given identifying information where this is available. It should also be noted that managing expectations about the level and accuracy of available information on old records is an important issue for those seeking information about their birth relative(s).

The Adoption Board (now the Authority) called for the introduction of legislation in this area as far back as 1983. While the difficulties of drafting legislation in such a complex and sensitive area are acknowledged, the lack of a statutory basis continues to cause difficulties in the provision of a National Adoption Information and Tracing Service which meets the needs of the thousands of adopted people and their birth/natural relatives.

3. INTERCOUNTRY ADOPTION

There are at least 14 times more prospective Irish parents seeking to adopt babies and children than there are children being referred to Ireland for adoption from abroad. People seeking to adopt young and healthy babies are most unlikely to have a child placed with them due to the worldwide decrease in numbers of infants available for adoption. However,large numbers of older children and children with special needs continue to live in orphanages and State institutions around the world and can often be available for intercountry adoption.

Declarations Granted for Adoption and Entries in the Register of Intercountry Adoptions:

The Authority granted 266 Declarations of Eligibility and Suitability in 2013 to people seeking to adopt abroad. A total of 141 entries were made in the Register of Intercountry Adoptions.

18th Informal Meeting of European Central Authorities for Intercountry Adoption, 24 April 2013

The Authority hosted this event in Dublin, where fifty-five delegates attended from 23 countries. Representatives from the Hague Permanent Bureau and UNICEF also attended.

Trends identified throughout Europe –

Children available for adoption are getting older
The majority of children available for adoption will be regarded as ‘special needs’
The number of children available for adoption is decreasing worldwide
Due to the decreasing numbers of intercountry adoptions, the viability of many European Accredited Bodies is in doubt

Preparation for prospective adoptive parents will have to take account of the new reality

Prospective adoptive parents and adoption service providers must manage their expectations of intercountry adoption in line with the current realities

Current Policy and Legal Issues Arising in Intercountry Adoption:

During 2012 and 2013 the Authority continued to progress negotiations with a number of jurisdictions in an attempt to conclude administrative arrangements in the area of intercountry adoption. Equally important are the functions of accredited bodies in this field. Due to the challenges faced by children with additional needs and the difficulties faced by prospective adoptive parents in effecting adoptions in foreign countries, the use of accredited bodies in facilitating intercountry adoption on behalf of families and in line with the Hague Convention, is considered best practice and is promoted by the Authority.

There are approximately 650 valid declarations for intercountry adoption in Ireland and there are decreased numbers of infants adoptable worldwide, although the numbers of older children and children with additional/special needs remain at high levels in institutions. There are therefore a significant number of Irish families with declarations that are unlikely to result in the adoption of a child.

The numbers of children being adopted internationally throughout the world have been falling significantly in recent years due to the facts that

the Hague Convention imposes regulatory standards in the intercountry adoption process
most prospective parents want to adopt young and healthy infants
many countries of origin are putting child protection frameworks in place domestically, aimed at maintaining children within their native country

It must also be said that, prior to the ratification of the 1993 Hague Convention by Ireland in November 2010, Ireland had a disproportionally high level of private independent adoptions (i.e. adoptions not involving the National Central Authority in the country of origin).

Children are now often aged more than eighteen months old when available for intercountry adoption, are generally between three and six years old, can have an older or younger sibling, and many have additional health/ medical needs. The international trend is that children are being placed on average from about age four years, having spent 44 months in institutional care.

The Authority has made a comprehensive submission to the Minister with regard to possible amendments to the Adoption Act 2010.

Changes in Irish adoption from 1952 to date:

Adoption legislation was first legislated for in Ireland in 1952. To date there have been in excess of 46,000 adoption orders made. The number of adoption orders made in one year peaked in 1967 at 1,493. During this entire period the legal definition of adoption has remained the same but the profile of adoption in Ireland has undergone tremendous change

This change is characterised by:

The decline in the total number of adoption orders granted
The decline in traditional infant adoption
The practice of open adoption
An increase in family adoptions particularly stepparent adoptions
In exceptional circumstances, the adoption of marital children
The legal requirement to consult with birth fathers in adoption applications
A significant increase in the rate of intercountry adoption from 1991-2010
A significant decrease in the numbers of intercountry adoptions since 2010
An upsurge in the number of Information and Tracing queries countrywide
Increasing demands for post adoption services
The establishment of the National Adoption Contact Preference Register in 2005
The introduction of the Adoption Act 2010 including the Hague Convention standards
Changes in the profile of children available for adoption, from babies to older children with additional needs

Kiernan GILDEACelia Loftus

Acting Chief Executive OfficerPrincipal Social Worker

24 June 2014