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GAZETTE
april
1990
(01) 765861) or from its Regional
Offices in Athlone, Cork, Drogheda,
Galway, L ime r i ck, Sligo and
Waterford.
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
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
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-
Tel:
809 946 2818
Fax: 809 946 2819
I.O.M.Office:-
Tel: 0624 822210
Telex : 628285 Samdan G
Fax: 0624 823799
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
184