Vietnam adoption agreement suspended
Vietnam adoption agreement suspended
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Vietnam adoptions remain suspended | 25/11/2009
The Government has announced it is to suspend “indefinitely” negotiations on a new adoption agreement with Vietnam and said couples eligible to adopt children from that country may instead opt to adopt from another jurisdiction.
Minister for Children Barry Andrews said the decision was taken in response to the “serious findings and recommendations” contained in the report on intercountry adoption commissioned by Unicef and the Vietnamese Ministry of Justice and carried out by International Social Services (ISS).
The report, which he said was accepted by the government of Vietnam, proposes that the country suspend intercountry adoptions for the necessary period during this year that will enable it to ensure optimal implementation of the Hague Convention on international adoptions.
It will also allow Vietnam prepare for the entry into force of the new law on adoption in 2011.
Mr Andrews said the Unicef report also raised “serious questions regarding adoption practices in Vietnam”, including claims that inter-country adoptions were essentially influenced by foreign demand.
It also found the the circumstances under which babies become “adoptable” are “invariably unclear and disturbing”, Mr Andrews said.
He said the decision would have the effect of suspending intercountry adoption from Vietnam until such time as the Adoption Bill 2009 has been enacted and Ireland and Vietnam have both ratified the provisions of the Hague Convention.
He said the decision would “cause bitter disappointment for the many families hoping to adopt from Vietnam”.
“I am acutely aware of the disappointment that will be felt as a result of this announcement. Most prospective adoptive parents that I have met in recent weeks have above all else asked for certainty and an end to the speculation about the Government’s intentions.
“Though this is not the news many were hoping for, it will allow prospective adoptive parents to make future choices based on the fact that intercountry adoption with Vietnam will be suspended until Hague ratification is completed in both countries.”
The Minister said he was “fully convinced” of the Vietnamese Government’s commitment to improving child protection services.
“They are well advanced in putting in place the legislative framework that supports safe and secure domestic and intercountry adoption.
“Child protection practice is improving. However, the latest expert opinion points to worrying practices today.”
Mr Andrews said of greatest concern was the question of whether the child was “adoptable”.
“The issues of consent and the exchange of fees are critical in the adoption process. These two fundamental features of adoption law must be addressed prior to any bilateral agreement. I am confident that in the near future Vietnam will ratify the Hague Convention and at that time, I would hope and expect adoptions to resume.”
The Minister said he had asked the Adoption Board to identify Hague countries that would be willing to enter into administrative arrangements with Ireland, which would facilitate intercountry adoption.
He understood the board had made contact with “a number of jurisdictions” in the hope of coming to new arrangements.
Those who have been deemed eligible to adopt from Vietnam may select a new country to adopt from, but they will maintain their place on the Vietnam list, which is being maintained pending a reopening of the agreement.