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.

Assessment process

If you wish to adopt in another country, you are required to undergo an assessment by the Health Service Executive (HSE) or registered Adoption Society. The assessment report is then forwarded to the Adoption Board. The Adoption Board 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 (the Adoption Act, 1991 as amended by the Adoption Act, 1998). It is the responsibility of the Adoption Board 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 Board 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 on the Adoption Board’s website. If you have a query about a particular country that is not mentioned there you can contact the Board directly (tel: 01 230 9300) 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 Board. Referrals of children for adoption from these countries are made through the Adoption Board 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 Board 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 of Romanian Adopted Children group and 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. A number of these parental support groups are in existence in Ireland and details can be found in the Adoption Handbook published by the Adoptive Parents Association of Ireland which can be purchased through any bookseller or directly from the Association.

Immigration Clearance

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

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, Wednesday and Friday)

E-mail: INISfadopt@justice.ie

You will need to enclose:

• Your birth certificate (long form),
• Your marriage certificate, if applicable,
• Your Declaration of Eligibility and Suitability,
• Two passport size photographs,
• A letter stating which country you will be adopting from.

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.

Collecting the Child and Coming Home

Adoption laws abroad vary widely. The Adoption Board provides booklets outlining the adoption laws of the countries for which it transmits referrals - China, Belarus and Thailand. Otherwise, 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. The Adoption Board in its Booklet No 3 - After the Declaration (pdf) - advises that you 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.

How to apply

Contact the Adoption Board or an adoption agency in the country of your choice. Eligibility guidelines for sole applicants for Intercountry Adoption are available on the Adoption Board's website

Where To Apply