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Renewal of Section 63 Declarations which will expire on 31st October 2012

The Adoption Act 2010 (Section 41) allows for one extension of one year of the two year Declaration (Section 63 Declaration) already issued. This matter is under active consideration by the Board of the Adoption Authority. The Board  has not, as yet made a decision as to how this should be applied for or indeed the criteria to be applied to it. The Authority will post updates on this and  other subjects on its website no later than 30th March 2012.

19th January 2012

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Frequently Asked Questions

Please note:

The information supplied below is advisory in nature and does not purport to be a legal interpretation of the Adoption Act 2010. Neither the Adoption Board as currently instituted nor the Adoption Authority which will be established under the terms of the Adoption Act 2010 on 1st November 2010 can provide legal advice.

Applicants proposing to adopt abroad should always obtain independent legal advice prior to doing so. Applicants proposing to adopt from Hague Convention States after 1 November 2010 should satisfy themselves that their adoption is in accordance with the terms and conditions of the Hague Convention and that any adoption agency which they are using is fully accredited and licensed by the appropriate national Central Authority of the that Country.

Questions are laid out as follows:

Questions 1 – 6: general procedures relating to Inter-Country Adoption

Questions 7 – 12: questions in relation to specific countries, as follows:

7: Ethiopia

8: Mexico

9: South Africa

10: India and the Philippines

11: Russia

12: Florida

Questions 13 – 21: general procedures relating to Domestic Adoption

Inter-Country Adoption: Processes & Procedures

  1. Q: Will all applications for Declarations of Eligibility and Suitability received by 31 October 2010 be granted prior to the commencement of the new legislation on 1 November 2010?

A: The Adoption Board will make every possible effort to process applications received prior to 1 November 2010. N.B. The Adoption Board cannot guarantee that every application received will be approved for a Declaration of Eligibility and Suitability.

  1. Q: Which countries can applicants in receipt of a Declaration of Eligibility and Suitability granted prior to 1 November 2010 adopt from?

A: Applicants with a Declaration of Eligibility and Suitability granted prior to 1 November 2010 can adopt in another contracting [Hague Convention] state or a state that, in the opinion of the Authority, applied standards regarding the adoption concerned that accord with those in the Hague Convention.

  1. Q: Which countries can applicants in receipt of a Declaration of Eligibility and Suitability granted after 1 November 2010 adopt from?

A: Applicants with a Declaration of Eligibility and Suitability granted after 1 November 2010 can only adopt from another Hague Convention State, or a State with which Ireland has a State-to-State bi-lateral agreement. There are no bi-lateral State-to-State agreements in place at this time.

  1. Q: What happens in respect of Declarations of Eligibility and Suitability which are due to expire prior to 1 November 2010?

A: Applicants holding a valid Declaration of Eligibility and Suitability which expires prior to 1 November 2010, and who have applied for an extension thereto during its period of validity, may be granted a 12 month extension in accordance with the Adoption Act 1991. In addition, applicants holding such an extended Declaration of Eligibility and Suitability at 1 November 2010 shall be automatically granted a further 2 year extension pursuant to Section 41 of the Adoption Act 2010.

  1. What happens in respect of Declarations of Eligibility and Suitability which are due to expire after 1 November 2010?

A: Applications which expire after 1 November 2010 will be treated in accordance with Section 63 of the Adoption Act 2010 in that such Declarations will be automatically extended for a further two years on 1 November 2010 to 31 October 2012.

  1. Q: After 1 November 2010, can prospective applicants make application to any Hague Convention Country they choose?

A: In theory, yes. However, it is a matter for the Central Authority in each Country of Origin to decide whether it will accept applications from all Hague Convention countries, or whether it will limit the number of countries from which it accepts applications to a list of selected countries.

Inter-Country Adoption: Country-Specific Information

  1. Q: How does the new Act effect adoptions from Ethiopia?

A: Ethiopia is not a member of the Hague Convention. Applicants already in possession of a valid Declaration of Eligibility and Suitability on 1 November 2010 may proceed with effecting an adoption subject to the laws of that country being satisfied. The Adoption Authority of Ireland will not be in a position to issue applicants with a Declaration of Eligibility and Suitability for use in Ethiopia from 1 November 2010 because it is precluded under the new Act from doing so. The Adoption Board is currently in the process of reviewing the adoption law of Ethiopia, in as much as that law has to comply with the revised definition of a ‘foreign adoption’ contained in the 2010 Act.

  1. Q: What will happen to applicants who have chosen South Africa, given that South Africa has stated that it does not wish to deal with applications from Ireland at the present time?

A: South Africa has indicated that it is not accepting applications from a number of countries, including Ireland, in the current fiscal year (2010/2011). Applicants proposing to adopt in South Africa should keep in touch with developments in that country.

  1. Q: What will happen in the case of India and the Philippines?

A: Both countries are members of the Hague Convention. However, policy in respect of adoption from these countries is under review and will be a matter for determination by the new Adoption Authority of Ireland.

  1. Q: How does the new Act effect adoptions from Russia?

A: Russia is not a member of the Hague Convention. Applicants already in possession of a valid Declaration of Eligibility and Suitability on 1 November 2010 may proceed with effecting an adoption subject to the laws of that country being satisfied. The Adoption Authority of Ireland will not be in a position to issue applicants with a Declaration of Eligibility and Suitability for use in Russia from 1 November 2010 because it is precluded under the new Act from doing so.

  1. Q: How does the new Act effect adoptions from Mexico (or any other Hague Convention State)?

A: Article 2 of the Hague Convention states that the Hague Convention SHALL apply to ALL adoptions between two contracting States. Applicants therefore, proposing to adopt from a Hague Convention Country, must satisfy themselves that their particular adoption complies with the terms and conditions of the Hague Convention prior to the processing and finalisation of that adoption. Applicants should make enquiries in the Country of Origin with their accredited agency and with the national Central Authority of that State.

  1. Q: What standards will apply in respect of adoptions from Florida?

A: As a State of the United States of America, Florida is a member of the Hague Convention and as such the terms and conditions of the Hague Convention will apply to all adoptions between the State of Florida and Ireland from 1 November 2010.

Applicants holding valid declarations of eligibility and suitability issued before 1st November 2010 and wishing to adopt from the State of Florida, USA post 1st November 2010.

The Adoption Board has received a number of enquiries from applicants wishing to adopt from the State of Florida, USA regarding the implementation of the Hague Convention on 1st November 2010.

In order to bring clarity from a policy point of view, the Adoption Board is urgently seeking legal advice from the Chief State Solicitors Office. The Adoption Board is also seeking a meeting with the US State Department regarding adoptions effected in the State of Florida.

Domestic Adoptions

  1. Q: If an application has been submitted for an Adoption Order, what happens now?

A: Under the Adoption Act 2010, applicants for a (domestic) Adoption Order will have to undergo a full assessment by the Regional Adoption Service of the Health Services Executive (HSE). To enable this process, the Adoption Board proposes to transfer the current files to the appropriate Regional Adoption Service. The transfer of individual files will be subject to the written agreement of the applicant(s).

  1. Q: Will applicants need to re-apply?

A: No.

  1. Q: What further new procedures will apply in respect of domestic adoptions after 1 November 2010?

A: Following the transfer of individual files to the HSE, applicants will undergo a full assessment by the Regional Adoption Service. The HSE Local Adoption Committee will make a recommendation to the Adoption Authority of Ireland. The Adoption Authority of Ireland, in turn, may grant applicants firstly a Declaration of Eligibility and Suitability and thereafter an Adoption Order.

  1. Q: Who do applicants contact in the HSE?

A: When written agreement is sought for the transfer of an applicants’ file, the applicant(s) will be advised of contact details for the appropriate Regional Adoption Service accordingly.

  1. Q: Under the Adoption Act 2010, what will happen if a natural mother is unable or unwilling to name the natural father?

A: The Adoption Authority of Ireland will have to apply to the High Court for an order to proceed with the application.

  1. Q: Who will be entitled to a hearing before the Adoption Authority of Ireland under the new legislation?

A: Section 43 of the Adoption Act refers, as follows:

43.—(1) The following persons are entitled to be heard on an

application for an adoption order:

(a) the applicant;

(b) the child;

(c) the mother of the child;

(d) the father of the child or the person who believes himself

to be the father;

(e) the guardian of the child;

(f) the person who immediately before the placing of the child

for adoption had charge of or control over the child;

(g) a relative of the child;

(h) a representative of—

(i) an accredited body, or

(ii) the Health Service Executive,

which is or has been at any time concerned with the child;

(i) an employee of the Authority;

(j) another person whom the Authority, in its discretion,

decides to hear.

  1. Q: What happens if the child is nearing eighteen years of age at present?

A: The Adoption Board is prioritising all cases where the child is approaching the age of eighteen years.

  1. Q: Can I expect delays in my application being processed during the transition period?

A: Every effort will be made to have applications dealt with in a timely and continuous manner during the transition period.

  1. Q: My case is currently before the High Court under the 1974 or 1988 Acts. How will my application be effected by the change in legislation?

A: The application will continue to be dealt with under the new Act – there will be no practicable effect from the changeover in legislation.

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