Thomas P. Broughan
Question:65 Mr. Broughan asked the Minister for Health whether the Adoption Board is responsible only to him or if it has policy input or restrictions placed upon it by any other source. [5311/96]
Written Answers. - Adoption Board Policy.
Limerick-East): While I have ministerial responsibility for adoption matters generally, the Adoption Board is completely independent in the discharge of the various statutory functions assigned to it under the Adoption Acts, 1952 to 1991. The main functions of the board, whose members are appointed by the Government, relate to the processing of applications for adoption orders, the supervision of the activities of the registered adoption societies and the regulation and recognition of foreign adoptions. As in the case of other statutory bodies, the actions and decisions of the board may be subject to challenge in the courts. Whether by way of judicial review or otherwise.
Thomas P. Broughan
Question:66 Mr. Broughan asked the Minister for Health whether he proposes to amend the provisions restricting the Adoption Board from releasing birth record information to adoptees. [5312/96]
Thomas P. Broughan
Question:67 Mr. Broughan asked the Minister for Health if he will ensure automatic access to birth records for adopted persons in the upcoming Freedom of Information Act. [5313/96]
I propose to take Questions Nos. 66 and 67 together. Adopted persons do not at present have a statutory right of access to their original birth records. The only certificate available to an adoptee is a copy of the entry relating to his or her adoption in the Adopted Children Register which is maintained by the General Register Office under section 22 of the Adoption Act, 1952.
I am aware that an increasing number of parties to legal adoption proceedings are seeking to re-establish contact with one another, and I accept that the law in this area is in need of updating to take account of recent developments in adoption practice and the changing nature of adoption. The health strategy contains a commitment to introduce changes in adoption law and procedure to provide arrangements to facilitate contact between adopted persons and their birth parents. The question of an adopted person's right of access to his or her original birth records will be considered in that context as the two matters are inter-related. I do not consider that it would be feasible or appropriate to incorporate amendment of current adoption legislation in the proposed Freedom of Information Act.
My immediate legislative priority in the adoption area is the introduction of amending legislation to give fathers of non-marital children a greater say in the adoption process. This arises from the judgment of the European Court of Human Rights in the case of Keeganv Ireland, which was delivered subsequent to the launch of the health strategy. I expect to be in a position in the near future to seek Government approval to a proposed legislative response to the judgment.
It would be my intention that work on the preparation of the necessary legislation to give effect to the commitment in the health strategy relating to the establshment of an adoption contact register will commence when the issues raised in the European Court judgment have been addressed.