The Gazette 1990

april

1990

GAZETTE

concerned to ensure that foreign children were not regarded as second class citizens and had made the point that they require adoptive parents with skills and qualities above the ordinary. The Minister stated that he understood from the Department of Justice that the position with regard to bringing a child into the State was that a child under the age of 16 years adopted abroad by Irish citizens did not require a visa to enter the State and would in the ordinary way be admitted provided he/she was travelling in the company of his/her adoptive parents and the parents were in possession of the foreign adoptive papers and a passport in respect of the child for presentation to the immigration officer at the port of entry. On arrival home, there was no requirement under Irish law that the child be adopted here. However, some foreign countries attached a condition to that effect to their adoption decree. In other cases, the adopters themselves seek to have the child adopted under domestic law so as to avoid any future difficulties about their parental rights in relation to the child. The Minister stated that this was so because there was no statutory procedure yet in place here for the recognition of adoption orders made abroad. The Minister stated that he was advised that an adoption order made abroad was entitled to recognition here only if the adopters were domiciled in the foreign country at the time the order was made. This would not be the situation in relation to Irish people going abroad to Romania or elsewhere for the sole purpose of adoption. The Minister stated that where an application was made to adopt under Irish legislation, the adoption board must process the application in accordance w i th the usual requirements of the Adoption Acts. The same consent procedures applied i r r espec t i ve of t he nationality of the child. The natural mother or guardian of the child must give consent to the making of an adoption order under Irish law in the prescribed form and must also complete a questionnaire with a person authorised by the adoption board. The question of the child's

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TURKS AND CAICOS ISLANDS AND THE ISLE OF MAN Samuel McCleery Attorney - at - Law and Solicitor of PO Box 127 in Grand Turk,Turks and Caicos Islands, British West Indies and at 1 Castle Street, Castletown, Isle of Man will be pleased to accept instructions generally from Irish Solicitors in the formation and administration of Exempt Turks and Caicos Island Companies and Non - Resident Isle of Man Companies as well as Trust Administration G.T Offices-

I R I SH LAW A N D A D O P T I ON OF R O M A N I AN C H I L D R EN Mrs. Owen, T.D., asked the Minister for Health in the Dáil on May 22, 1990 (398 Dail Debates cols. 2367-2370) the position regarding the adoption of Romanian babies by Irish parents, as there was a grave risk that great hardship and heartbreak could occur if the proper rules are not complied with; and if the Mi n i s t er wou ld make a statement on the matter. The Minister for Health, Dr. O'Hanlon, stated that there was nothing in Irish law to prevent Irish people from going abroad to adopt. The first essential for persons wishing to adopt from abroad was to satisfy the requirements of the foreign country. While adoption law varies from country to country, most countries require a home study report i.e. as assessment of the prospective adopters suitability undertaken by the appropriate agency in their home country. The Minister stated that he understood that the Romanian authorities required such reports. While the registered adoption soc i e t i es and hea l th boards undertake assessments of persons wishing to adopt in Ireland, they have no specific role in adoptions outside the State. The Minister stated that it was a matter for each adoption society to decide whether to undertake home study reports for foreign adoptions as there was no obligation on them to do so. He understood that some of the societies had decided not to become involved in this work. The Minister stated in relation to the health boards that there was a question mark over their authority to deal with foreign adoptions but, in any event, their social work staffs had a heavy workload already and they could not take on additional work in this area. Where, however, an adoption society decides to undertake home study reports for foreign adoptions, the adoption board expected that standards of assessment would be the same as if the persons were being considered for the adoption of an Irish child. The board was

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eligibility for adoption under Irish law would also arise. Generally, a child may only be adopted here if the child is an orphan or was born outside marriage. The Minister stated that the adoption of children outside these categories was governed by the Adoption Act 1988. The legislation permitted in certain circumstances the adoption of children whose parents were deemed by the courts to have failed in their constitutional duty to care for them. It appeared from reports that some of the children being offered for adoption in Romania were neither orphans nor were t hey born ou t s i de marriage. It was uncertain whether such children could be adopted under the 1988 Act and the question would not be clarified until it came before the courts for decision in a particular case. The Minister stated that he would urge persons thinking of adop t i on abroad to carefully consider the life-long implications for themselves and the children involved before entering into any firm arrangements. MO T OR I N S U R A N CE C L A I MS The Minister for Industry and Commerce, Mr. Des O'Malley, stated in the Dáil on May 22, 1990 (398 Dáil Debates cols. 2248- 2253) in reply to a Parliamentary Question that the fundamental cause of high motor insurance prices in Ireland was the high claims rate, which regrettably was on the increase, allied to the high cost of individual claims which was

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