Ireland and Thailand are both signees of the 1993 Hague Convention on the Protection of Children and Co-operation in Respect of Inter country Adoption which means that a) Ireland and Thailand are subject to certain standards of adoption and b) they may only adopt children from countries who have also signed the agreement. This legislation was expanded upon with the Adoption Act 2010, which commenced on the 1st of November 2010, with the intention of standardising domestic and inter-country adoption. The Adoption Authority was established to oversee the regulatory framework and to ensure that it works in the best interest of the children and that their protection is prioritised throughout an adoption process.
Because Ireland and Thailand have both ratified the Hague Convention, they are subject to Article 2 of the legislation, which states that ‘the Convention shall apply where a child habitually resident in one Contracting State (e.g. Thailand) has been, is being, or is to be moved to another Contracting State (e.g. Ireland) either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin. The Convention covers only adoptions which create a permanent parent-child relationship.’
The process; *
*Under Article 22 of the Convention, the functions outlined in Articles 15, 16 and 17 of the Convention which are carried out by The Adoption Authority of Ireland may be delegated to approved Accredited Bodies. These include;
- ‘Helping Hands Adoption Mediation Agency’
Article 15: According to the Convention, in order to be considered as suitable applicants, The Adoption Authority of Ireland carries out an Assessment Report (Article 15) sends it to the National Central Authority (NCA) of the country of origin. This will decide if the adoption process can proceed.
(The Adoption Authority of Ireland no longer sends Article 15 Assessment Reports abroad. They are transmitted through Helping Hands Adoption Mediation Agency.)
Article 16: The results of the Article 15 assessment carried out by Ireland will match the child with successful applicants ie; potential adoptive parents, through the NCA and then the country of the child’s origin (example; Thailand) sends an Article 16 (Child Study Report) to The Adoption Authority of Ireland to assess the suitability of the match.
Article 17: The Adoption Authority of Ireland sends an Article 17 (Child Placement Agreement Notice) to the NCA of Thailand agreeing that it is suitable for all parties that the for the child should be placed with the successful applicants ie; the Irish adoptive parents.
Article 23: Following the granting of an Article 23 (an Adoption Order) the NCA of the country of origin issues an Article 23 certificate, which states that the adoption process has been undertaken in compliance with terms and conditions of the 1993 Hague Convention.**
** Prospective adoptive parents are advised that adoptions from Thailand may be ‘simple’ adoptions, i.e. they may not terminate the pre-existing legal parent-child relationship of the child’s birth parents. The adoption will be regarded as a simple adoption unless the Article 23 Certificate (issued by the Thai authorities under the 1993 Hague Convention) states that the adoption is a ‘full/plenary’ adoption.
Following placement of the child with the prospective parents, they may bring the child to Ireland. They will then be subject to a number of post-placement reports, and only then, the Thai authorities may decide that the child can be adopted by the prospective parents. Thai adoptions are finalised at the Thai embassy in London, England. Prospective adoptive parents should ensure that the Authority’s Declaration of Eligibility & Suitability extends to the date of adoption.
Fees:
The fees required by the approved agency was approved by the Adoption Authority Ireland (AAI) in 2017 and is payable in 4 stages. (1. Registration Fee (€650.00), 2. Dossier Fee (€4,500.00) 3. Placement Fee (€2,250.00) 4. Final Fee (€2,100.00))
- Common Programme Fee (Helping Hands Adoption Mediation Agency) €9,500
For further breakdown of fees, see the fee schedule here.
Quota:
Thailand has a quota to regulate how many children are adopted via inter-country adoption each year.
The Adoption Authority of Ireland has been informed by the Thai authorities that in 2019, they would allow 6 applications from Ireland.
The expected referral time is approximately 2 years depending on the availability of children for adoption
Year 2018 2017 2016 2015 2014 2013 2012
Number of children 8 2 4 1 6 5 2
For further information, see here.
