‘In-house legal team could cut adoption-body costs’
A review of the Adoption Authority of Ireland (AAI) has found that the organisation is working well and fulfilling its statutory mandate.
The report also finds no reason to transfer its functions to other bodies now, while it also urges the body to look at employing an in-house solicitor or legal team.
The authority, an independent quasi-judicial body under the aegis of the Department of Children, Disability and Equality, has the sole right to grant or refuse adoption orders in Ireland.
Under the Birth Information and Tracing Act 2022 (BITA), the AAI is also responsible for providing birth certificates, birth and early-life information, and tracing services for people who were adopted, boarded out, nursed out, or the subject of an illegal birth registration.
The periodic review, carried out by the department, find that the authority has adapted well to its broader mandate under BITA, increasing staff numbers and making organisational changes to implement what the review describes as “major undertakings”.
Risk of ‘poorer outcomes’
The report says that, while the AAI’s functions could be carried out by other bodies in future, there is “no compelling reason” for reassignment at the moment.
“A reassignment of functions would be a major undertaking; and transferring the authority’s functions to other bodies could result in poorer outcomes for those involved in the adoption process and for those seeking to vindicate their identity rights,” it states.
The review notes a “striking finding” that there has been little change in the number of adoption orders granted each year since the authority was set up in 2010.
“Furthermore, while the number of inter-country adoptions has fallen, the overall numbers have been remarkably stable since 2015,” it adds.
Legal costs
Among the review’s recommendations is that the AAI and the department look at employing an in-house solicitor or small legal team.
The report finds that legal costs account for about 40% of all non-pay expenditure at the authority.
It notes that, in discussions with consultants Indecon for the review, AAI board members drew attention to the valuable role previously played by an in-house solicitor.
Indecon points out that outsourcing can sometimes be more expensive than an in-house option, “particularly for routine tasks, such as audits, and financial and legal activities that are common to all adoption cases”.
The review says that, while an initial investment would be needed, ‘in-housing' some areas would result in savings over time.