Understanding Intercountry Adoption: An Irish Perspective

by Debbie Hegarty MIAHIP MIACP

Definition of Adoption

Adoption is the process whereby a child becomes a member of a new family. It creates a permanent, legal relationship between the adoptive parents and the child. This article is more concerned with the process that is involved for Intercountry Adoption as opposed to Domestic Adoption.

Inter-country Adoptions: Policies, Practices and the Law

Legal adoption was introduced into Ireland with the passing of the Adoption Act 1952 which provided for the establishment of the Adoption Board, with powers to make adoption orders. Prior to 1952 informal adoption, as well as fosterage, existed on a limited scale with adoptions being arranged through private adoption societies, usually affiliated to the Catholic Church. Subsequently, the 1952 Act has been amended accordingly to incorporate updated adoption policies (1964). The Adoption Act 1974 was introduced when the existing Act was found to be unconstitutional in that it discriminated against Protestants. The Adoption Act 1988 made provisions for the adoption of legitimate children whose parents were abusive or neglectful. Up to that year adoption orders were limited to illegitimate children. The 1991 Adoption Act introduced a Standardized Framework for Assessment procedure into Inter-country Adoption services which was fully implemented in 2000.

In recent years adoptions in Ireland have become increasingly rare and many prospective parents now look abroad to adopt a child. This process is called Intercountry Adoption and one of the objectives of this article is give the reader a sense of what is involved during this procedure. The second objective is to inform the reader of what we at the Hazelton Clinic can offer the prospective adopter in the process of adopting a child from abroad. These support services are outlined at a later stage in this article.

The Hague Convention of 29 May 1993 on the Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Convention No. 33) made provision for the international protection of children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad. In addition it seeks to ensure that Intercountry Adoptions are made in the best interests of the child with respect for fundamental human rights to include the prevention of abduction, sale, or trafficking of children.

Up to October 2008 76 countries worldwide have ratified this convention. Ireland became a signatory in 1993. On 23 January 2009 the Minister for Children and Youth Affairs, Barry Andrews T.D., launched the Adoption Bill 2009. This bill aims to consolidate all previous adoption legislation in Ireland, and to ratify the Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption. In the future Intercountry Adoptions into Ireland will only be between those other countries that have ratified or who have a bilateral agreement with Ireland. To prepare for the optimal implementation into law of the new bill and the Hague Convention, the Irish Government have decided to suspend bilateral Intercountry Adoption negotiations with the Socialist Republic of Vietnam until such time as they are fully ratified. It has always been the nature of Intercountry Adoption that ‘receiving’ and ‘sending’ countries ‘open’ and ‘close’ their doors depending on current policies and practices. While Ireland has temporarily closed their doors to Vietnam and Russia until they ratify the Hague Convention, other signatory countries such as China, Thailand and the Philippines are still open to bilateral Intercountry adoption negotiations with Ireland.

The path to Intercountry adoption has always been a difficult one and made more so recently between Ireland and the Philippines. The Philippines government has imposed a statutory entitlement into their Intercountry adoption policy that stipulates prospective parents to undergo a psychological evaluation in addition to the existing adoption process. This stipulation was introduced into their Intercountry adoption policy in November 2009. It came to the attention of the Adoption Board in Ireland on 10 February 2010. What this means for prospective parents is that, as well as obtaining a ‘Home-Study Assessment’ from an adoption agency and successfully being granted the ‘Declaration of Eligibility and Suitability to Adopt Abroad’ from the Adoption Board, they will also need to arrange for a psychological evaluation privately from a Licensed Clinical Psychologist. The test that the Philippians government is asserting be used to psychologically assess the adoptive parent is called ‘The Minnesota Multiphasic Personality Inventory-2-Restructured Form’ (MMPI-2-RF). This test is explained in full detail in another article available to read on this site.

Intercountry Adoption: The Assessment Process

Who is eligible for adoption in Ireland?

  • For first time adopters the person needs to over 21 years and a resident of the state.
  • A married couple living together.
  • A married person living alone. The other spouse’s consent to adopt must be obtained unless the couple has judicial separation.
  • The mother, father or relative of the child.
  • A widow or widower.
  • A sole applicant provided the Adoption Board is satisfied the applicant is desirable.

Step One of the Adoption Process: Contact

An Intercountry adoption is a complex lengthy legal process. The crucial aspect to be considered by any prospective parent is their eligibility. In order to have this assessed the first step is to contact a Registered Adoption Society or their Health Service Executive (HSE) Local Health Office.

Step Two: Documentation

The applicant will also need a Medical Report for a General Practitioner. Where relevant a letter may be requested from a gynecologist stating the applicant is infertile. When the adoption involves a couple where infertility is not an issue it is referred to as a ‘Conscious Adoption’.

The applicant is also requested to have passports, birth and marriage certificates, a financial statement (i.e. a P60), a work reference, and a bank reference, a Garda clearance certificate and one other reference from someone of good standing in their community.

Step Three: Preparation Course

The applicant will then be expected to attend a one-off information meeting that will outline the forthcoming process. In some respects this is similar to a self-selection process because the route to Intercountry Adoption is a challenging one and not for the faint-hearted. Once the applicant is willing to engage in the procedure they are then required to complete a compulsory preparation course funded and run by the HSE. This course takes place over six half-day sessions and if the applicant is a couple both partners are obliged to attend.

Step Four: The Home-Study Report

The next step is to be assigned a social worker. Applicants being considered by a Registered Adoption Agency or the HSE are then obliged to undergo a detailed assessment, called a ‘Home-Study Report’ with a view to establishing the suitability as prospective adoptive parents. This report takes place over a period of time ranging from 9 to 15 months and sometimes even longer. It is carried out by one of the agencies social workers and entails a number of interviews and home visits. The social worker will discuss such relevant areas as relationship history, motives for adopting, expectations and ability to enhance child development. In the case of Intercountry Adoption the social worker will also assess the applicant’s knowledge and understanding of the child’s natural culture, background and possible special needs. The social workers findings are compiled into a report which then goes before the agency committee or HSE area committee for consideration. The applicant seeking an adoption from abroad is entitled to see the report, whereas if the adoption is domestic this is not possible. A decision on suitability is then made which can be appealled by the applicant at this stage.

Step Five: The Adoption Board

Should the application be approved it is then sent to the Adoption Board, which is government appointed and a quasi-judicial body responsible for issuing Adoption Orders and Declarations of Eligibility and Suitability to adopt abroad. The adoption board can overrule the findings of the agency or HSE and their decision is final. The applicant cannot make an appeal once the Adoption Board Committee has ordered the ‘Declaration’.

Step Six: Psychological Assessment

If the applicant is seeking to adopt a child from foreign jurisdictions into Ireland only, as stated earlier in this article, a psychological evaluation may be required for some countries. One such country is the Philippines and the test to be utilized in carrying out this evaluation is the MMPI-2-RF. (Please click here to read more about psychological assessment in general and the MMPI-2-RF in particular). The only professional practitioner that can administer the test is a Registered Clinical Psychologist.

How can we support you?

Finally, to the second objective of this article, which is to let the reader know what we at The Hazelton Clinic do to support the process of Intercountry Adoption. First and foremost we recently purchased the MMPI-2-RF from Pearson Assessments. In addition we have on our panel of practitioners two Licensed Clinical Psychologists that are both trained to administer the MMPI-2-RF. The test takes place over one ninety-minute session per person. We pride ourselves at the clinic in guaranteeing any prospective adopters that they will be assessed within one week of their first contact to the clinic. We also assure you all materials used for the test and subsequent findings are stored according to Psychological Society of Ireland (PSI) and Irish Association for Counselling and Psychotherapy (IACP) guidelines for confidential handling of materials. The Hazelton Clinic is a Private Five-Star clinic with soundproofed, luxury rooms as well as free car park spaces.

It has come to my attention when researching Intercountry Adoption that the post adoption experience can often be difficult for the parents as well as the child (A Study of Intercountry Adoption Outcomes in Ireland, 2007). To accommodate this process we are also offering counselling and psychotherapeutic services to adoptive parents and psychological services to pre-school adopted children, school-age adopted children and adopted adolescents.

All of these children have spent time in institutions before being adopted and evidence suggests there are a range of different developmental, clinical and educational problems that can emerge as a consequence including sensory problems, separation and attachment issues, distractibility and hyperactivity. To accommodate the parents we will carry out an educational psychological assessment if deemed necessary without the lengthy waiting list that exists in the school structure at present in Ireland. In conclusion, the provision of adequate support services for the needs of adoptive families is both our aim and our privilege. Our ethos is to provide an individual tailored support program for the unique needs of each of our clients.

About the author

Debbie Hegarty is an accredited psychotherapist and group facilitator. She is currently the Manager of The Hazelton Clinic and enjoys the challenges of this responsible position. The Clinic became aware of the needs of Intercountry prospective adopters from existing clients. Debbie immediately set out to research the subject with a view to making provisions for clients looking for the MMPI assessment. Her findings from the research allowed the clinic to expand their remit in terms of what we could offer the prospective adopter as well as the adoptive parent and child.

Useful links:

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References

  • Adoption Board (2004) Corporate Plan 2004-2007. Dublin: The Stationary Office
  • Ames, E. (1997) ‘The Developmental Outcomes of Romanian Orphanage Children adopted to Canada’. Final Report to Human Resources Development, Canada.
  • Bagley, C. with Young, L. & Scully, A. (1993) ‘International and Trans-racial Adoptions Aldershot’: Avebury
  • Dalen, M. (2001) The State of Knowledge of Foreign Adoptions
  • http://www.comeunity.com/adoption/adopt/research3.html
  • Department of Health and Children, ‘Guide for Practitioners, Standardised  Framework for Intercountry Adoption Assessment’, compiled by Gill Haworth and John Simmonds, (undated)
  • Frankenburg, W.K., Dodds, J. Archer, P., Shapiro, H. & Bresnick, B. (1992) The Denver II: ‘A Major Revision and Restandardisation of the Denver Development Sceening Test, Pediatrics’, 89, 91-97.
  • Green, S et al., (2007) ‘A Study of Intercountry Adoption outcomes in Ireland’, (TCD) Collective-Adoption Board. 978-1-902230-32-9.
  • Groza, V., Proctor, C. & Guo, S. (1998) ‘The relationship of Institutionalization to the Development of Romania Children Adopted Internationally’. International Journal of Child & Family Welfare, 98, 198-217.
  • Lingblad, F., Hjern, A., & Vinnerjung, B. (2003) ‘Intercountry Adopted Children as Young Adults- A Swedish Cohort Study’. American Journal of Orthopsychiatry Vol. 73, No 2, 190-202).
  • O’Brien, V.& Richardson, V., (1999) ‘Towards a Standardised  Framework for Intercountry Adoption Assessment Procedures’, Dublin, Government Publications
  • Rowe, J. (1982) ‘Yours By Choice: A Guide for Adoptive Parents’, London: Tavistock/Routledge.
  • Rutter, M. & the Enhlish and Romanian Adoptees Study Team (1998) ‘Development Catch-up and Deficit, following Adoption after Severe Global early Privation’. Journal of Child Psychology and Psychiatry, 39, 465-476.