Letter from Seán Nunan to Pádraig O'Cinnéide (Dublin)
(345/96)

I am directed by the Minister for External Affairs to refer to your minute of the 12th December last¹ relative to the question of the adoption of Irish children by persons resident abroad and to forward for your information a copy of a letter of the 29th August from the Dublin Board of Assistance together with the enclosures thereto.² It will be observed that the Dublin Board of Assistance raises two questions, viz:-

1. the use of Irish diplomatic or consular offices abroad for the making, on behalf of Public Assistance authorities in Ireland, of enquiries with regard to the suitability of the proposed adoptive parents, and
2. the making by Public Assistance authorities in Ireland, on behalf of Children's Officers in Great Britain, of the enquiries in Ireland necessitated by the (British) Adoption of Children Act, 1926, in cases of the proposed adoption of Irish children by persons resident in Great Britain.

With regard to the first question, the Minister would propose to inform the Dublin Board of Assistance that, on the whole, he would see certain and possibly grave objections to Irish diplomatic or consular officers abroad, and particularly in the United States of America, making enquiries of this kind on behalf of Irish Public Assistance authorities.

At present, our Offices in the U.S.A. have instructions to refer persons, enquiring about the possibility of getting children from this country for adoption, to their own consular representatives in this country. Furthermore, it is not the Minister's function to foster the emigration of Irish citizens, including orphans. Were it to become known that our offices in the U.S.A. were making enquiries regarding persons proposing to take children from this country for adoption, it might eventually become difficult for them, and consequently for the Minister and the Irish authorities concerned, to avoid having to deal with requests for persons desirous of getting children from this country for adoption. Such a state of affairs might give the impression that the Minister was fostering emigration of children. Since probably 99% - if not 100% - of such children would be illegitimate, and would come from public and private institutions, any enquiries of this kind made by our consular officers in the U.S.A. might be open to misinterpretation; all the more so since we have no Legal Adoption Act in this country.

The Minister would, however, appreciate the favour of any views which the Minister for Health may wish to offer concerning this question.

I am sending to the Department of Justice, who are also interested in this question, copies of your minute of the 12th December last, this minute and the letter from the Dublin Board of Assistance.

With regard to the second question, the Minister feels that the framing of policy for Irish Public Assistance authorities in this matter is not properly a question for him and he would propose to reply accordingly to the Dublin Board of Assistance and suggest that they communicate with you in the matter.

The favour of your observations on the form of the reply proposed to be given to the Dublin Board of Assistance is requested.