Vol. 493 No. 2
145 Ms O'Sullivan asked the Minister for Health and Children the progress, if any, he has made in the preparation of the promised post adoption legislation; if he will impose mandatory counselling on adopted persons before they will be given access to their birth records under the legislation; and if he will make a statement on the matter. [15540/98]
146 Ms O 'Sullivan asked the Minister for Health and Children if his attention has been drawn to the fact that adoption agencies and health boards, particularly the Eastern Health Board, providing ad hoc post adoption services to adopted people and birth parents wishing to make contact have waiting lists in some instances of up to two years to get an interview with a social worker and the whole process in some cases can take up to five years; his views on whether this situation will deprive some people of reunions as a result of the age profile of their natural parents; and if he will make a statement on the matter. [15541/98]
I propose to take Questions Nos. 145 and 146 together.
As I have stated to the House last week 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.
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 Acts, 1952. Indeed, it was to persons in this category that the Supreme Court case to which I have referred related.
