Dáil Éireann debate -
Wednesday, 4 Mar 1998

Vol. 488 No. 2

Written Answers. - Adopted Children Register.

Róisín Shortall

Question:

66 Ms Shortall asked the Minister for Health and Children if he will use the powers conferred on him by the Adoption Act, 1952 to regulate access to the adopted children register which is maintained by the Registrar of Births, Deaths and Marriages to enable adopted people to gain access to their original birth records; and, if not, the reason therefor. [5789/98]

Róisín Shortall

Question:

75 Ms Shortall asked the Minister for Health and Children if he will establish a post-adoption service in order to advise and assist adopted persons in tracing and contacting their birth parents; and if he will make a statement on the matter. [5790/98]

Brendan Howlin

Question:

91 Mr. Howlin asked the Minister for Health and Children the proposals, if any, he has to ensure that children of international origin subject to an Irish adoption order will have the records of their origins and parentage stored safely for their future requirements. [5792/98]

Minister of State at the Department of Health and Children (Mr. Fahey)

I propose to take Questions Nos. 66, 75 and 91 together.

Access to birth records by adopted persons is restricted under section 22 of the Adoption Act, 1952. Where circumstances permit, an adoption agency will do what it can to facilitate contact between adopted persons and birth relatives by mutual voluntary consent provided it is satisfied, through counselling, that both parties are fully cognisant of the considerations and implications involved in such a step.

As I have previously explained to the House, the establishment of a comprehensive legal framework for post-adoption contact between birth mothers and adopted persons and access to birth records is a priority. However, it would not be prudent to proceed with the necessary enabling legislation at present as there are a number of legal and constitutional issues awaiting clarification following the hearing of a Supreme Court case in July 1997. Judgment in this case was reserved and is still awaited.

The adopted children register contains no identifying information as to a child's origins. Any measure to enable adopted persons to gain access to their original birth records would require amendment of section 22 of the Adoption Act, 1952 which restricts such access. Such an amendment would require primary legislation and therefore is not a matter that can be addressed through the making of new adoption rules under section 5 of the Adoption Act, 1952 which is, I presume, the approach that Deputy Shortall is suggesting. The power to make new adoption rules under section 5 is vested in the Adoption Board. I do not have the power to initiate such rules. I consider that any amendment to section 22 should be made in the context of the overall legal framework for post-adoption contact.

The Adoption Board treats the records of children of international origin subject to an Irish adoption order in the same manner as Irish children subject to such an order and the statutory framework set out in section 22 of the Adoption Act, 1952 applies equally in both cases. The vast majority of foreign children are adopted under the law of their country of origin and their adoptions are then recorded by the registrar of the Adoption Board in the register of foreign adoptions. A copy of the relevant entry in the register is available to the child and his or her parents as it satisfies any legal requirement for the production of a birth certificate. Information on a child's origins as supplied by the child's adoptive parents in consideration of their application for an entry in the register of foreign adoptions is maintained by the Adoption Board. All other information in relation to the child's origins is maintained by the regulatory authorities in the child's place of origin and by the child's adoptive parents.