Dáil Éireann debate -
Tuesday, 16 Jun 1998

Vol. 492 No. 4

Written Answers. - Post-Adoption Contact Register.

Emmet Stagg

Question:

33 Mr. Stagg asked the Minister for Health and Children the progress, if any, to date in establishing an adoption contact register; the outstanding matters to be resolved; and the proposed timescale for the introduction of this register. [14245/98]

Jan O'Sullivan

Question:

193 Ms O'Sullivan asked the Minister for Health and Children the progress, if any, made regarding the introduction of post adoption legislation; the names of the groups that he has already met; the groups he plans to meet; and when he will be in a position to bring before Dáil Éireann the promised post adoption legislation. [14562/98]

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

I propose to take Questions Nos. 33 and 193 together.

As I have stated previously to the House, there is a clear need for legislation in order to provide a structured, coherent and equitable post-adoption contact system. However, I did not think it prudent to proceed in this regard prior to the clarification of a number of constitutional and other legal issues surrounding the question of access to birth records, heard by the Supreme Court in July of last year. The issues heard by the Supreme Court go to the very heart of post adoption contact as they deal with the right of a child to know the identity of his or her birth mother and the right of the birth mother to confidentiality.

As the Deputy is aware, the Supreme Court delivered its judgment in the case on 13 March last and the way is now clear to legislate in the area. However, before putting forward any proposals in this matter it is necessary for my Department to consider the judgment of the Supreme Court with great care and to consult with the various interests involved and with people with expertise in the field. It must be remembered that what is at issue is not only the rights of persons adopted under the adoption Acts and their birth parents; but also the rights of persons separated from their birth parents in other circumstances including persons informally adopted prior to the enactment of the Adoption Act, 1952. Indeed, it was to persons in this category that the Supreme Court case to which I have referred related.

This is an extremely complex and difficult area of human relationships and it is essential to strike the right balance between the wishes of all concerned. I have not yet made any decisions as to how I will proceed in this area but I will be listening carefully to all views before finalising my proposals so that this issue can be dealt with in a coherent, integrated and sensitive manner. Decisions regarding the specifics of what post-adoption services will be provided and the manner in which information may be released or withheld will have to await decisions on the overall legislative framework within which they will operate.