New Statistics Released of Babies adopted from US to Ireland UPDATED

Florida foster care organizations adopt children to at least Canada, Ireland and San Marco. We discussed the placements from Adoptions by Shepherd’s Care to Canada here. There also is a heinous Florida DCF to Canada case that has caused the adoptive parents to sue Family Support Service of N. Florida that we have covered here.

Private adoptions also occur. This Irish adoptive parent forum  discusses that the New York Agency VIDA processed many of these adoptions. Additionally, suggestions to use Full Circle Adoption out of Massachusetts were mentioned.

The Adoption Authority of Ireland (yes another AAI acronym) started to investigate outgoing US cases to Ireland in Fall of 2011.The Irish forum discusses these two main concerns of “”a)Link between monies paid to the birthmother from   the pap’s/ap’s

b) proof that ICA   was “last resort” and all other avenue’s closed to the  birthmother

One can argue about  the exact definitions (6 week rule , 6 month rule, offered to   domestic  adoptions or not) but that is how the AAI is seeing it right now  and they want   “clarification””

Newborns needing to be placed internationally from the US!?RIIIIIIIIIIGHT!Sounds like a way to skirt surrogacy laws.

 

See all notices from AAI  here and pasted below most recent to oldest:

“NOTICE – FLORIDA – 4 APRIL 2012

A high level delegation from the Adoption Authority of Ireland, headed by the Chairman of the Authority, Dr. Geoffrey Shannon, made an official visit to the US State Department in Washington on Friday 30th March 2012.

The meeting was very positive and productive for both sides.It is hoped that the current issues can be resolved as soon as possible.

NOTICE – FLORIDA – 22 NOVEMBER 2011

A high level delegation from the Adoption Authority of Ireland, headed by the Chairman of the Authority, Dr. Geoffrey Shannon, made an official visit to the US State Department in Washington on Friday 18th November 2011.

The visit took place within the context of a number of concerns which have arisen as regards the operational process and procedures around intercountry adoption from the USA, including the State of Florida.

The meeting was very informative and highly productive for both sides.

The matter will be considered as a priority item at the next meeting of the board of the Adoption Authority on this Tuesday next, 29th November 2011.

Further information will be posted to this website as soon as is possible thereafter.

NOTICE – FLORIDA – 28 OCTOBER 2011

A delegation from the AAI will travel to Washington on 17th November 2011 (returning 19th November) to meet with representatives of the State Department (the Central Authority for the USA under the Hague Convention) to discuss certain issues which have arisen concerning adoptions from Florida.

NOTICE- FLORIDA- 20 OCTOBER 2011

The Adoption Authority of Ireland is currently in the process of objectively examining the typical usual sequence of operational procedures and processes which are encountered by prospective Irish adopters when effecting an intercountry adoption in the US State of Florida, under the terms of the governing local State legislation within the sovereign State of Florida.

Since Ireland ratified the Hague Convention on 1st November 2010, it has been incumbent upon the Authority to satisfy itself that all intercountry adoptions undertaken into Ireland both satisfy the terms of the Convention itself and that all such adoptions are also compatible and compliant with the underlying provisions, ethos and assumptions of the new Adoption Act 2010.

In this regard, there are a number of critical and crucial aspects of routine adoption practice and procedure within the State of Florida which need to be examined by the Adoption Authority. It is noteworthy that these aspects appear to be common to virtually all inter-country adoptions by Irish adopters from that jurisdiction.

Following a request to the US Central Authority a delegation from the Adoption Authority will be travelling to the United States at the earliest possible date to meet with the Florida authorities and with the US State Department in Washington.

The matters in question are briefly:-

1. Birth mother consents – the circumstances around and situations within which, and the legal parameters governing, the securing of legal consent from natural birth mothers to the adoption.

2. ‘Subsidiarity’- an underlying tenet of best international practice within inter-country adoption holds that the option of intercountry adoption should be examined only after all other precedent options for the suitable care of the child within his/her country of birth have been examined and evaluated e.g. foster care with relatives or with strangers, domestic adoption by relatives or strangers in the country of origin etc.

3. Monetary consideration – it is a core tenet of Irish law and practice, and of Hague, that only reasonable levels of professional legal fees etc and provision of justifiable levels of reimbursement of expenses may be permitted.

4. Matching – the concept of professionally supervised and mediated matching is a core, fundamental and essential aspect of the Hague Convention. This requires that each child available for adoption should be carefully matched by qualified social care professionals with a suitable prospective adoptive parent(s) through the joint collaboration of the two ‘National Central Authorities’ of the respective ‘sending’ and ‘receiving’ countries, or in the alternative, through the joint collaboration of two registered and accredited adoption mediation agencies, one in each of the respective countries, either working with each other directly or through the medium of the NCAs.

5. Birth father notification and consultation.

Ends

HAGUE COUNTRIES – FLORIDA – 13 SEPTEMBER 2011

The Adoption Authority of Ireland’s advisory of 13th April, 2011 noted the active consideration of intercountry adoption from the State of Florida, USA, and engagement between the Adoption Authority of Ireland and the US Central Authority on the issue. Further to this and other inquiries made, the AAI wishes to advise all prospective adoptive parents as follows:

· The Authority intends to enter into further discussions with the US Central Authority regarding adoptions from Florida by Irish applicants;

· The Authority intends to seek legal advices on a number of issues arising in respect of adoptions from that jurisdiction.

In the meantime, prospective adoptive parents should note the following:

1. Prospective adoptive parents who have already had a child placed with them or who already have an agreed adoption plan in place with an accredited adoption agency should contact the Authority as a matter of urgency regarding their case.

2. All other prospective adoptive parents who propose to adopt from Florida should not enter into any arrangements with adoption agencies or individual birth families until further advice has been provided by the Authority. Prospective adoptive parents who proceed after the posting of this notice will not have an application for an Article 17 considered until the Authority has clarified the matter further.

3. An Article 17 certificate determines that the State of Origin may entrust a child to prospective adoptive parents (Article 17 of the Hague Convention, as referenced in Schedule 1 of the Adoption Act, 2010 refers) and is a requirement to proceed to effect an adoption in accordance the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

4. Prospective adoptive parents who have recently been issued with Section 40 Declarations of Eligibility and Suitability in respect of Florida and who now wish to change their choice of country should contact the HSE or PACT(if they completed your assessment) in the first instance to seek an addendum report.

The Authority is committed to bringing further clarification to the situation for prospective adoptive parents as quickly as is possible. Further notices will be published on the Authority’s website.

13th September”

New Statistics Released 

This new article releases the statistic of 17 BABIES adopted from US to Ireland: Couples flock to Florida in adoption rush

[Herald 5/26/12 by Cormac Murphy]

Please note that birthmother payment is ALSO an issue with the Mexico to Ireland adoption debacle that we covered in January 2012 here.

REFORM Puzzle Pieces

Update: Now DOS issues a notice on how these operating procedures fit with Hague. Riiiiiiight…because US infants can’t be placed in the US.

DOS Notice was published May 3, 2013 and is pasted below here

“Notice: U.S. – Ireland Operating Arrangement for Outgoing Adoptions of U.S. Children by Irish Prospective Adoptive Parents

The Department of State and the Adoption Authority of Ireland have concluded discussions on an operating arrangement for Irish prospective adoptive parents to adopt children who are eligible for intercountry adoption in the United States and who will emigrate from the U.S. to Ireland under Hague Adoption Convention (Convention) procedures.   The operating arrangement includes eligibility standards for prospective adoptive parents and prospective adoptive children in accordance with Irish and U.S. Convention procedures.

The Department of State will host a conference call with the Adoption Authority of Ireland and interested U.S. accredited adoption service providers who are accredited to provide outgoing adoptions service from the U.S. to address any questions and facilitate guidance on the arrangement.  The Department of State will provide further details on the conference call in the near future.”

The US never likes to share details, do they?

Irish Adoption Authority HAS shared the details in their April 29, 2013 announcement. See here and pasted below:

“NOTICE – Adopting from the United States of America (USA), 29th April 2013
“The Adoption Authority of Ireland and the US State Department (the US National Central Authority under the HC93) have been discussing the wording of a draft Administrative Arrangement (which is allowed for under Section 72 of the Adoption Act 2010).

The wording of the final DRAFT document has recently been agreed between the two parties. It is likely that the agreement will be signed in the coming weeks.

The following are the core elements of the arrangements –

1. The Adoption Authority of Ireland will supply, in writing, to the appropriate public authority or accredited or approved adoption service provider (“relevant authority”) in the United States a report on the eligibility and suitability of the prospective adoptive parents, confirmation that the prospective adoptive parents are eligible and suited to adopt, and the results of a criminal background check.

2. Pursuant to Section 66 of Ireland’s Adoption Act 2010, the Authority will issue a Convention Article 17 letter for such adoptions only if all of the following provisions are satisfied:

(a) A relevant authority in the United States will provide a letter showing why the child could not be timely placed with suitable prospective adoptive parents in the United States and detailing what steps have been taken to support this finding.*

(b) The appropriate consent is given after the child has reached six weeks of age.

(c) A relevant authority in the United States has confirmed in writing that:

(i) a U.S. state court order placing the child with prospective adoptive parents in the United States of America was not issued before the Adoption Authority of Ireland approved the placement;

(ii) the biological mother and/or father or person or institution with lawful authority over the child has been informed of the intercountry adoption and has been so informed during the process when his/her consent to adoption is sought; and

(iii) where identification of the biological father is possible, that the father of the child was offered the opportunity to participate in the adoption hearing, was counselled in that regard, and was informed of the consequences of the adoption; or

(iv) where identification of the biological father is not possible, that reasonable steps have been taken to ascertain his identity.**

(d) The Adoption Authority of Ireland will determine, consistent with Article 5 of the Convention, that the prospective adoptive parents are eligible and suitable to adopt and that the child is or will be authorised to enter and reside permanently in Ireland, including during any time pending the issuance of the final adoption order.

*sample wording for this letter will be supplied to US ASPs

**sample wording of this statement will be provided to US ASPs

IMPORTANT: Pending the signing of the arrangement, the Authority will apply the above criteria to ALL intercountry adoptions taking place between Ireland and the United States of America with immediate effect.

PAPs are also advised that ARC Adoption Limited were accredited to work in the USA by the Adoption Authority of Ireland in June 2012. It is likely that upon the signing of the arrangement outlined above, the Authority will delegate certain functions under the HC93 to allow ARC Adoption Ltd to facilitate adoptions between Ireland and the USA.

There may be a charge to PAPs for this service, including the possibility of a lesser charge for a partial service where the process was initiated prior to the delegation date.”

Update 2:  DOS Issues a new notice. See

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ireland_2 and pasted below:

“Notice: U.S. – Ireland Operating Arrangement for Outgoing Adoptions of U.S. Children by Irish Prospective Adoptive Parents

The Department of State and the Adoption Authority of Ireland have concluded discussions on an operating arrangement for Irish prospective adoptive parents to adopt children who are eligible for intercountry adoption in the United States and who will emigrate from the U.S. to Ireland under Hague Adoption Convention (Convention) procedures.   The operating arrangement includes eligibility standards for prospective adoptive parents and prospective adoptive children in accordance with Irish and U.S. Convention procedures.  In order to ensure that Ireland will be able to issue an Article 17 letter, adoption service providers should comply with the provisions listed here.

The Department of State will host a conference call with the Adoption Authority of Ireland and interested U.S. accredited adoption service providers who are accredited to provide outgoing adoptions service from the U.S. on June 20 2013 to address any questions and facilitate guidance on the arrangement.  The Department of State will provide further details on the conference call in the near future.”

Update 3: “Irish Minister for Children Frances Fitzgerald is due in the U.S. on Tuesday to sign an agreement that will make inter-country adoptions between Ireland and the U.S. easier and quicker for couples.

The pact comes after a lengthy talks period between adoption agencies in the U.S. and the Irish government, according to The Sunday Business Post, which also reported that Florida is expected to be the state that Irish couples adopt from most – though the deal covers all 50 states and will also allow Americans to adopt in Ireland.

The Irish government recently signed a bilateral deal with Vietnam to officially open the adoption process between the two countries, and a delegation from Russia is expected in Ireland next month to discuss a similar arrangement.

Russia and Vietnam are particularly difficult countries for Irish couples to adopt from due to terms contained in the Hague Convention, so formal bilateral deals between the governments are necessary to open the process up.

“Clearly we recognize that the inter-country adoption situation is very important for people,” Fitzgerald said.

“I’m trying to open up options for couples who really want to adopt. I recognize there are traumas as a result of the delays.”

Irish couples are increasingly turning to surrogacy as an option, reports the Business Post, though the government has provided €500,000 to Irish adoption agencies to facilitate their work.”

New law that allows adoptions between U.S. and Ireland to be signed

[Irish Central 9/3/13 by James O’Shea]

”

To bring a child into America, the adopted child must have the same status and relationship to the adoptive parents as a child by birth. What some countries call “adoptions” are more accurately described as guardianships under U.S. law and are not considered adoptions for U.S. immigration purposes.

Hague Convention

The Hague Adoption Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption (Hague Adoption Convention) is an international agreement to safeguard intercountry adoptions.

Concluded on May 29, 1993 in The Hague, the Netherlands, the Convention establishes ‘international standards of practices for intercountry adoptions’.

The United States signed the Convention in 1994, and the Convention entered into force for the United States in April 2008.

Ireland ratified the Covention by the enactment of the Adoption Act 2010 on 1 November 2010.

The Convention recognises intercountry adoption as a means of offering the advantage of a permanent home to a child when a suitable family has not been found in the child’s country of origin.

It enables intercountry adoption to take place when:

1.The child has been deemed eligible for adoption by the child’s country of birth; and
2.Proper effort has been given to the child’s adoption in its country of origin.

Ireland

The Adoption Authority of Ireland said they have been working in recent months to bring ‘greater clarity’ to the situation regarding the adoption of children from the United States.

The formalities surrounding the operating arrangements were concluded at a meeting in the US Department of State in Washington on Tuesday 3rd September.

Minister Fitzgerald, the Adoption Authority of Ireland Chairman Dr. Geoffrey Shannon, and the new Irish Ambassador to the United States Ms Anne Anderson, all attended the meeting, which followed the exchange of a diplomatic note between the two countries.

Minister Frances Fitzgerald said that inter-country adoption has undergone a period of significant transition following the Hague Convention with the situation for families seeking to adopt having changed dramatically.

The Minister welcomed the arrangements concluded on Tuesday as an ‘important step in ensuring that inter-country adoptions can take place effectively between Ireland and the US’.

“The US Department of State has shown a significant level of commitment to the process of developing new operating arrangement between Ireland and the United States, demonstrated also by the degree of goodwill they have shown to my officials and I.”

-Minister Fitzgerald

The arrangements set out in detail how inter-country adoption will operate between the Adoption Authority of Ireland and the Department of State.

Dr. Shannon stated that the arrangement is a ‘significant development in that it embodies a consensus on the rules applying to child adoption between the two countries’. It is the second agreement entered into by the Authority with another Hague country, following agreement being reached with Vietnam earlier this year.

The arrangement with the US focuses on the issue of consent but also covers other issues such as the level of costs, observance of the principle of “subsidiarity”, birth father notification and the “matching” process which applies in the US.

This arrangement will provide a ‘clear road map as to how the inter-country adoption process will operate between Ireland and the US’.”

Minister for Children welcomes conclusion of inter-country adoption arrangements between Ireland & the USA

[Inside Ireland 9/4/13 by Ciarán Hanna]