NOTICE – VARIOUS COUNTRIES – 22 February 2012

South Africa: Hague Convention state, but specifically informed the AAI in mid-2011 that it would NOT accept packs from Ireland at that time. The NCA has been asked for on update on their position. Irish applicants should not attempt to effect a private (non-Hague Convention) adoption in South Africa. Refer to country specific advisories.

India: Hague Convention state. The Indian NCA (known as CARA) clearly indicated in mid-2011 that it would NOT be accepting packs from any country until further notice. The NCA has not been in contact with the AAI since then regarding this matter. There is evidence of a new online ‘CARINGS’ registration system being unilaterally implemented by CARA. The AAI has not been invited to participate in this new system. AAI has attempted to contact the NCA on a number of occasions and has decided to visit India as soon as practicable. Irish applicants should NOT attempt to effect a private (non-Hague Convention) adoption in India and NOR should they proceed with ‘guardianship’ proceedings under the Guardianship and Wards Act 1896. The AAI will not accept Declaration of Eligibility & Suitability applications nor issue new Declarations pending the proposed visit to India. Refer to country specific advisories.

Vietnam: Hague Convention state since 1 February 2012. VN is not currently accepting packs from Ireland. The draft text of an Administrative Arrangement has been submitted to the VN NCA. Both the VN Minister for Justice and the Director General of the Adoption Department of the MoJ have been invited to Ireland. An Irish based Accredited Body has been accredited by the AAI for work in VN. Applications from two further bodies are under consideration. The AAI will not accept applications nor issue new Declarations pending an administrative agreement being reached. Irish applicants should not attempt to effect a private (non-Hague) adoption in Vietnam. Refer to country specific advisories.

Kazakhstan: Hague Convention state. The Kazakhstan NCA has been asked to confirm whether it will accept packs from Ireland. Irish applicants should not attempt to effect a private (non-Hague) adoption in Kazakhstan. Refer to country specific advisories.

Florida: Discussions regarding a proposed Administrative Arrangement under the Hague Convention are ongoing. Irish applicants should not attempt to effect a private (non-Hague) adoption in Florida. Refer to country specific advisories.

Bulgaria: Hague Convention state. Applications will be accepted from Ireland via ARC Adoptions Ltd. in collaboration with one of three Bulgarian ASPs (Adoption Service Providers) licenced for Ireland. The average age of children will be five years +; however younger children, and children with special needs, may be adopted. The Bulgarian NCA formally advises that the waiting period for younger children will be considerably longer than for older children. Irish applicants should not attempt to effect a private (non-Hague) adoption in Bulgaria. Refer to country specific advisories.

Mexico: Hague Convention state. Applications will be accepted from Ireland via the Mexican Federal NCA ONLY. The NCA has informed the AAI that only children of 5 Years + will be available for adoption from Mexico with the two possible exceptions of special needs and sibling groups only. All applications for entries in the RICA are ‘on hold’ pending clarification from the Mexican NCA on the status of the adoptions already effected. Irish applicants should not attempt to effect a private (non-Hague) adoption in Mexico. Refer to country specific advisories.

Russia: NON-Hague Convention state. Russia is only open to holders of pre 1 November 2010 Declaration of Eligibility & Suitability as issued by the former Adoption Board prior to 1 November 2010. A first DRAFT of a template bi-lateral agreement has been submitted by the Russians to the AAI and is currently with legal advisors. Refer to country specific advisories.

Ethiopia : NON-Hague state. Ethiopia is only open to holders of pre 1 November 2010 Declaration of Eligibility & Suitability as issued by the former Adoption Board prior to 1 November 2010. Applicants are advised to pay utmost particular attention to country specific advisories in this case. The AAI will visit Ethiopia shortly

REVIEW OF LAWS – 20th December 2011

 

The Adoption Authority of Ireland commenced a review of the adoption law(s) of the following countries on the dates indicated -

- Kazakhstan 12 October 2011

- Panama 28 November 2011

- Turkey 30 November 2011

- Russian Federation (non-Hague) 16 December 2011

- Ethiopia (non-Hague) 19 December 2011

 

The general process for the review of foreign adoption law is usually as follows –

 

- The AAI contacts the Irish Embassy responsible for the particular country and asks the Irish Embassy to recommend a reputable and reliable lawyer in the particular country who is experienced in adoption / family law.

- The AAI writes to the recommended lawyer and requests a copy of the most up to date adoption law(s). The lawyer is also requested to provide an opinion of the compatibility of the national law concerned with Section 1 of the Adoption Act 1991 as it read on 31 May 1991 (i.e. before the 1998 amendment).

- That legal opinion, when received by the AAI, is passed to an Irish barrister for their opinion.

- The matter is then referred to the Board of the Authority who may decide that adoptions carried out in the particular country MAY qualify for an entry in the Register of Intercountry Adoptions.

- This process can take between 2-12 months depending on the availability of a local lawyer to provide an informed opinion and the speed of response.

The AAI is not in a position to commence any further country reviews at this time.

N.B. It should be noted in particular that the mere fact that the AAI is undertaking a process of review of the laws of a particular country does NOT imply, and must NOT be interpreted as in any way implying or suggesting, that the adoption laws of the country in question are compatible with Irish law.

Persons proposing to adopt abroad should, and are strongly advised to, seek their own independent legal advice prior to doing so.

 

ALL HAGUE COUNTRIES – GENERAL ADVISORY - 15TH JUNE 2011

The Authority is aware that many applicants are proceeding to effect adoptions with Hague Convention countries. The Authority would like to remind all prospective adoptive parents to take all necessary steps to ensure that the adoption proceedings comply with the Adoption Act, 2010 and the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993. You should take independent legal advices on any aspect of the law on which you are unclear.

In order to qualify for an entry in the Register of Intercountry Adoptions an adoption must be carried out in accordance with the terms and conditions of the Hague Convention. Applicants are particularly reminded to ensure that:

· Any arrangements undertaken on your behalf in respect of the adoption are being undertaken by a person or body accredited to do so under the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. (Articles 15-21 are the functions of the Central Authority unless delegated to competent authorities of that state. Such authorities must be registered with the Permanent Bureau of the Hague Conference on Private International Law.)

· No payments or compensation of any kind has been provided by you to induce consents (Article 4 paragraph 4 (a) (4) of the Convention).

· The HSE assessment report is transmitted to the Central Authority of the State of Origin by the Adoption Authority of Ireland (AAI) or by a body accredited to do so by the AAI (Article 15);

· The Child Study Report (‘the referral’) is sent to the AAI (or a body accredited by the AAI) by the Central Authority of the State of Origin (or a body accredited to do so by the Central Authority in the State of Origin) for onward transmission to the applicants (Article 16);

· Prior to accepting the child into your care, the approval of the Adoption Authority of Ireland has been provided under Article 17 of the Convention.

· The relevant Authorities have issued to you an Article 23 certificate – this must be provided an authority identified as competent to do so under the Convention. The certificate must specify when and by whom the agreements under Article 17, sub-paragraph (c)[1], were given.

· Failure to comply with the above may result in an application for an entry in the Register of Intercountry Adoptions being declined.

Information on the Central and Competent Authorities for the purposes of the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993 is available from the website of the Permanent Bureau of the Hague Conference on Private International Law.

http://www.hcch.net/index_en.php?act=conventions.authorities&cid=69

 

 

 

NOTICE – ADOPTING FROM A HAGUE CONVENTION STATE-29th April 2011

 

Prospective Adoptive Parents (PAP’s) proposing to adopt from a Hague Convention State (e.g. Mexico, Bulgaria, Kazakhstan, Florida) are reminded that in order to qualify for an entry in the Register of Intercountry Adoptions an adoption must be carried out in accordance with the terms and conditions of the Hague Convention (i.e.)

• - The HSE assessment report must be transmitted to the Central Authority of the State of Origin by the Adoption Authority of Ireland (AAI) or by a body accredited to do so by the AAI (Article 15);

 

• - The Child Study Report (‘the referral’) must be sent to the AAI (or a body accredited by the AAI) by the Central Authority of the State of Origin (or a body accredited to do so by the Central Authority in the State of Origin) for onward transmission to the applicants (Article 16);

 

• - The AAI must approve the placement of the child to proceed (Article 17); and

 

• - The Central Authority in the State of Origin (or a body accredited to do so) must issue a certificate confirming that the adoption has been effected in accordance with the Hague Convention (Article 23).

Failure to comply with the above may result in an application for an entry in the Register of Intercountry Adoptions being declined.

 

NOTICE - PAYMENTS IN INTERCOUNTRY ADOPTION - 11th April 2011

The Adoption Authority of Ireland wishes to inform all adoptive parents who have undertaken an intercountry adoption that, with immediate effect, the Authority will, as a standard administrative procedure for the registration of the foreign adoption, afford particular attention to all payments made either to any  entities or to any persons in connection with the administration and finalisation of the foreign adoption.

The Authority will reserve the right to seek evidence, by way of documentary proof, of the amounts of all such payments. This may require the production by adopters of original invoices for payments and original receipts of payments made.

In cases where it becomes apparent to the Authority that unreasonable levels of costs have been incurred, and/or where it appears that undocumented ‘cash’ transactions may have taken place, the Authority must reserve its express statutory rights to refuse to grant an entry into the statutory ‘Register of Intercountry Adoptions’ in respect of the adoption concerned.

 

NOTICE – HUMANITARIAN AID / DONATIONS in ICA – 14th March 2011

The AAI has noticed that in a number of recent applications for an entry in the Register of Intercountry Adoptions substantial amounts of money (described as ‘Humanitarian Aid’ or ‘Donation’) have been handed over to persons abroad in respect of an individual adoption.

PAP’s are reminded that humanitarian aid or donations should not be associated with individual children being adopted.

PAP’s should familiarise themselves with the Hague Convention thus -

Article 8 — No improper financial or other gain in adoption.

Article 32 — No improper financial or other gain in intercountry adoption.

IMPORTANT NOTICE – 13th October 2010

Particularly with regard to South Africa, Ethiopia, Mexico, Florida USA, Philippines and India.

The enactment of the Adoption Act 2010 will bring about Ireland’s accession to the ‘Convention of 29 May 1993 on Protection of Children and Co-Operation in Respect of Intercountry Adoption’ (the ‘Hague Convention’).

Article 2 of the Hague Convention states -

 

(1) The Convention shall apply where a child habitually resident in one Contracting State ("the State of origin") has been, is being, or is to be moved to another Contracting State ("the receiving State") either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.

Persons proposing to adopt abroad should always seek independent legal advice prior to doing so.

Persons proposing to adopt abroad from a Hague Convention country AFTER

1 November 2010 should satisfy themselves

- that their adoption complies with the terms and conditions of the Hague Convention.

- that the Agent / Agency they have engaged is properly accredited by the Central Authority in the country of origin.

- that the Agent / Agency they have engaged can produce a valid Article 23 Certificate from a Competent Authority in the state of origin in respect of that adoption.

Details of the Hague Convention and a list of the Central Authorities, the Accredited Bodies and the Competent Authorities are available on the Hague Convention’s website – www.hcch.net