Hague Requirements

One of the major developments in the intercountry adoption arena is the ratification by Ireland of the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption. This has been effected by the enactment of the Adoption Act 2010 on 1 November 2010.

The Convention was concluded and signed on 29th May 1993. The primary objectives of the Convention are:

• To provide safeguards to prevent the abduction or the sale of children and
• To establish a system of co-operation amongst countries in order to ensure that intercountry adoptions take place in the best interests of the children concerned.

Ireland signed this Convention on 29th May 1993 and ratified it through the enactment of the Adoption Act 2010. Many of the countries that have already ratified the Convention are ‘sending’ countries,or those ‘receiving’ countries which have a longer tradition of intercountry adoption than ourselves.

What Ratification Will Mean

Ratification of this Convention involves major and fundamental amendments of our intercountry adoption laws. At present, our intercountry adoption laws deal mainly with the approval of suitable prospective adopters and the recognition of foreign adoptions. Among the items which the Convention Bill will has made provision for are:

1. The designation of a Central Authority with overall responsibility for Intercountry adoption (the Adoption Authority of Ireland);
2. The accreditation of competent bodies (e.g. adoption agencies) to undertake certain tasks in relation to arrangements for the Intercountry adoption of children
3. Automatic recognition of adoptions made under the Convention.