Thomas P. Broughan
Question:99 Mr. Broughan asked the Minister for Health his views on whether access to personal birth records is a basic civil right in any democratic state and not private to the Adoption Boards. [5583/96]
Written Answers. - Birth Records.
Thomas P. Broughan
Question:100 Mr. Broughan asked the Minister for Health if it is the policy of the Adoption Board not to release birth record information to adoptees if the consent of the birth mother cannot be obtained. [5584/96]
Thomas P. Broughan
Question:101 Mr. Broughan asked the Minister for Health the situation of fostered persons, pre-1952, and institutionalised children with regard to these groups' access to birth records and family background as to whether they are regarded as adopted persons in relation to nondisclosure of birth record information by the Adoption Board, health boards and related agencies. [5586/96]
I propose to take Questions Nos. 99, 100 and 101 together.
As I indicated last Wednesday, 6 March, in my reply to previous questions from the Deputy, 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. Indeed the Adoption Board itself has also called for new legislative arrangements to be put in place.
I wish to clarify that it is not the policy of the Adoption Board not to release birth record information to adoptees if the consent of the mother cannot be obtained. The board has informed me that each case is looked at on an individual basis. The board endeavours to obtain counselling for adoptees and birth mothers and, based on reports of such counselling and screening, the board makes a decision as to whether the information should be released. I understand that where the birth mother cannot be located, the board makes a decision based on the report of the counselling of the adoptee.
The relevant provisions of the Adoption Acts relating to birth records and the privacy of records apply only to persons in respect of whom adoption orders have been made. Persons who were fostered or brought up in residential care, whether before or after the introduction of legal adoption in this country in 1952, but not legally adopted have the same right of access to their original birth records as other citizens.
I would like to assure the Deputy that the necessary legislation providing for a formal adoption contact system will be brought forward as expeditiously as possible, bearing in mind my other legislative priorities in the child care area generally.