Wednesday, 02 September 2015 09:10

Notice - Ireland/US administrative agreement

NOTICE – Administrative Arrangement between Ireland and US   

(Similar notice of 25 April 2013 also refers)

The Adoption Authority of Ireland and the US State Department (the US National Central Authority under the HC-93) agreed the terms of an Administrative Arrangement (which is allowed for under Section 72 of the Adoption Act 2010) in May 2013.

 

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 Sates a

      report on the eligibility and suitability of the prospective adoptive parents, confirmation that the

     prospective adoptive parents are eligible an suited to adopt, and the results of a criminal

      background check.

  1. 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 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. *
  • The consent described in subsection (c) (ii) below is given after the child has reached 6 weeks of age.
  • The relevant authority in the United States has confirmed in writing that:

 

  1. 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;
  2. 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
  • 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
  1. where identification of the biological father is not possible, that reasonable steps have been taken to ascertain his identity. **
  • The Adoption Authority of Ireland will determine, consistent with Article 15 of the HC-93, 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 has been supplied to US ASPs

** sample wording of this statement has been provided to US ASPs