Intercountry adoption

Information

In Ireland in recent years there has been an increasing number of adoptions of children from overseas. People resident in Ireland who wish to adopt abroad are required to have their eligibility and suitability assessed and established before they travel abroad, if their adoption order is to be recognised under Irish law.

The Adoption Act 2010 commenced on 1 November 2010 and established the Adoption Authority. It also brought about Ireland’s ratification of the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (the ‘Hague Convention’). Since that date the only countries recognised by Ireland for intercountry adoption are those that have also ratified the Hague Convention or those that we have a bilateral agreement with. Those who had already received a declaration of eligibility and suitability to adopt before that date can adopt from a non-Hague, non-bi-lateral agreement country provided the Adoption Authority is satisfied that the country applies standards that accord with those in the Hague Convention.

If you wish to adopt abroad from a Hague Convention country you should satisfy yourself that:

• The adoption complies with the terms and conditions of the Hague Convention
• The Agent/Agency you engage is properly accredited by the Central Authority in the country you wish to adopt from
• The Agent/Agency you engage can produce a valid Article 23 Certificate from a Competent Authority in that country in respect of your adoption

Information on 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.

Assessment process

If you wish to adopt in another country, you are required to undergo an assessment by the Health Service Executive (HSE) or an accredited Adoption Society. The assessment report is then forwarded to the Adoption Authority. The Adoption Authority is an independent statutory body responsible for making declarations of eligibility and suitability to adopt abroad. This is important, as you will have to produce these documents to the foreign adoption authorities as evidence that you have been approved for an inter-country adoption. The Declaration lasts twelve months.

Choosing a Country of Origin

Before choosing the country you intend to adopt from, you will need to know:

• If the adoption law of the country is recognised under Irish Law.
• If the adoption can be registered when you return home.

A fundamental pre-requisite to the granting of recognition under Irish law of an intercountry adoption is that the foreign adoption fully complies with the definition of a foreign adoption specified in Irish Law. It is the responsibility of the Adoption Authority to decide whether or not the law under which a foreign adoption is effected meets the requirements of Irish law and to determine if the foreign order qualifies for recognition in this country.

It is very important to check beforehand with the Adoption Authority whether the adoption law of the country you are hoping to adopt in complies with Irish adoption law. This will help you to avoid embarking on an expensive and lengthy process that may not be legally recognised in Ireland.

A full list of recognised countries is available from the Adoption Authority. If you have a query about a particular country you can contact the Authority directly for further information. Applicants who choose to adopt in one of these countries send their application to the relevant Central Authority for adoption via the Adoption Authority. Referrals of children for adoption from these countries are made through the Adoption Authority and no third parties are involved in the adoption process.

Seeking a Referral

When you have decided on the country of origin, you need to seek a referral to an adoption agency or foundation in that country. You can do this via the Adoption Authority in the case of the countries outlined above or directly with the country of origin. You will need to check that the relevant adoption agency is reputable and that any fees required are fully transparent and can be accounted for.

In any case, you should ask the agency for:

• Information on the child - this is important as it may affect your decision about your ability to rear the child.
• Medical information - this includes what medical needs the child might have. Many parents' groups recommend that you get the relevant medical information and have it translated independently. You might also need to look at what health checks/immunisations the child might need and whether you or any other member of your family might need to be vaccinated. Advance knowledge of any potential problems will be of great benefit to your child as any interventions he/she may need can be made as quickly as possible.
• If your child has spent time in an institution, you may have concerns about "Post-Institutionalisation". The Parents' Network for Post-Institutionalised Children (PNPIC) will be helpful.

If you are considering inter-country adoption, it is important to talk to other adoptive parents. They often have direct experience of the process and will be able to offer you advice and support.

Immigration Clearance

For the child to enter the state, immigration clearance must be obtained from the Irish Naturalisation and Immigration Service (INIS) in the Department of Justice and Equality. This will only be granted once the people proposing to adopt abroad have successfully completed the assessment procedure and have had a declaration of eligibility and suitability made in their favour by the Adoption Authority.

To request your Immigration Clearance Letter, you need to write to:

Foreign Adoptions Unit,

Immigration Services Section,

Irish Naturalisation and Immigration Service,

First Floor, 13/14 Burgh Quay, Dublin 2

Tel: (01) 616 7700, Locall: 1890 551 500 (10.00 am to 12.30 pm, Monday to Friday)

E-mail: INISfadopt@justice.ie

You will need to enclose:

• A letter of application stating which country you will be adopting from
• A photocopy of your passport (and your spouse's)
• Two passport size photographs of you (and two of your spouse)
• The Declaration of Eligibility and Suitability (not a copy)
• A letter from the Adoption Authority stating how many childen you can adopt

These will be returned to you with your Immigration Clearance Letter, when approved. You will need to present your clearance to an immigration officer when you return to Ireland.

Further information is available on the INIS website.

Collecting the Child and Coming Home

Adoption laws abroad vary widely. The adoption agency in the relevant country will guide you through the process.

When you go to the country to collect the child, you will be staying for some days, if not longer. You should use the time well:

• Learn about the child's life until now: his/her environment, daily routine, play, contact with others. This will be useful in managing the transition to a new home.
• Gather any documents/photographs and other items that you could include in the child's "storybook" of their life.
• Give the child ample opportunity to see you in his/her "safe" environment, which can help with the introduction to a new family.