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Seanad Éireann debate -
Wednesday, 14 Feb 2001

Vol. 165 No. 3

Adjournment Matters. Disadvantaged Status. - Adoption Contact Register.

I thank the Minister of State for coming. I am delighted, knowing her concern for children, that she will be replying to my question.

In their programme for Government published in 1997 the partners in Government promised to establish an adoption contact register. I have before me a copy of the programme which states, under the heading "Children", that establishing a voluntary contact register for adult adoptees to contact birth parents will be a key priority. Failure to do so almost four years later is shabby in the extreme. The Adoption Board, the Law Society's law reform committee, the Adopted Person's Association and many other organisations and individuals have repeatedly asked that what can only be described as a human right be established.

Contact registers have been established in many other countries, including most member states of the European Union. In Opposition, the Tanáiste suggested that such a register should be established urgently, yet the position remains the same almost four years later.

There is no question of anyone being sought who does not wish to be found. We are only too well aware of the stigma attached to single motherhood and, despite improved attitudes, the report on abortion produced by Evelyn Mahon and her colleagues at Trinity College Dublin shows that fear of social condemnation is an important factor in young women seeking abortion in England.

A contact register is one on which mothers or fathers who gave up children for adoption could put their names. Adoptees over the age of 18 years could also register. Such a register would be entirely in line with our adoption legislation. I take this opportunity to ask that our adoption legislation – there are six different Acts – be consolidated as requested by the Adoption Board and many other agencies.

We will still encounter problems even after such a register is established because some women were forced or encouraged to give false names or to deny their identities. This presents a great problem for those independently seeking the identity of their birth mothers from their birth certificates. Those whose children were sent to America and England in the 1950s and 1960s have the additional problem of distance. Many children adopted in those countries are of the view that they have been denied their Irish identity – they are, after all, similar in appearance to those around them, but their ethnicity has been ignored. We have done nothing to rectify this.

A register was established by a voluntary group, the Adopted Persons Association, in the early 1990s. I had the honour last year of launching its website – www.adoptionIreland.com. There are 1,700 names on the register. This indicates the great demand for such a register. It is, however, impossible for a voluntary organisation to satisfactorily manage such a difficult and sensitive procedure. Three sets of people have recently been reunited through the website while ten others have been in contact by telephone.

This is a suitable night, St. Valentine's, on which to raise this topic. I have tabled this motion as close as possible to the date on which I last tabled it, 18 February 1997, on which date we debated the Adoption (No. 2) Bill, 1996. I welcomed the then Minister's statement that a contact register was about to be established. I have been frequently informed that this is a matter of priority. I would hate to think what is a matter of secondary consideration.

In four years some older women have died without ever having the joy of seeing the child they gave up, almost certainly with great reluctance. Their children will never be in a position to find out more about their background. The situation is so sad that that Government's delay can only be described as despicable and not understandable.

I thank the Senator for raising this important issue. As I am sure she is aware, 42,000 people have been adopted since 1952, the year our adoption legislation was introduced.

Traditionally, adoption was carried out in an atmosphere of secrecy. However, attitudes to adoption have changed radically in recent years. The number of babies given up for adoption has decreased enormously as single mothers make the choice to bring up their children themselves. In related developments, there is a huge difference in how adoptions are carried out. Birth mothers can be directly involved with social workers in selecting the adoptive family. It is now common for information to be given to the birth mother on an ongoing basis until the child reaches adulthood and in a small, but growing, number of cases birth mothers retain contact with the child in its adoptive family. This trend towards more open adoption is also being seen in other countries.

Access to birth information is restricted under section 22 of the Adoption Act, 1952, although tracing and reunion services are provided on a non-statutory basis by the Adoption Board, health boards, registered adoption agencies and some voluntary groups. There has been a significant growth in demand for these services. For some years people affected by adoption have been pressing for changes in legislation to allow them access to birth and adoption information. We realised when examining this issue that there was a number of interested groups with different perspectives.

I have to refute the Senator's comment that the delay is shabby. The delay is due to the fact that there are so many sensitivities and groups involved that we undertook an extensive consultation process last year which included discussions, which I attended, with adopted persons, birth parents, adoptive parents and those working in the area of adoption, including lawyers and the Adoption Board. It was informative and helpful and the outcome will be reflected in the provisions of the legislation.

The discussions which took place in the course of the consultation process made it clear that the introduction of a contact register would not, on its own, be an adequate response to the needs expressed and that it would have to be accompanied by the introduction of other measures. Those affected by adoption strongly expressed the view that the State should assist them in obtaining information on themselves and, through the process of tracing, in seeking reunion with birth families.

Following the consultation process it was necessary to seek legal advice on some of the more difficult issues. However, I am pleased to say that this process is now complete and I will bring a draft scheme of a Bill to Government within the next few weeks. The Bill is called the Adoption Information (Post Adoption Contact and Associated Issues) Bill. The legislation will go beyond the provision of a contact register. In fact it deals with all the issues raised by those affected. Apart from dealing with access to information, the Bill will provide for the regulation and monitoring of tracing and reunion services provided in the area of adoption. It will also deal with the important issues of access to records and the care and management of records held by the various agencies. The main group of people originally being considered were those separated through adoption. However, there is also a large group of people who were not legally adopted but were separated from their birth parents and informally adopted boarded out or raised in institutions. The legislation will also provide for such people to have a right to information held about them and will provide structures to support and assist them in tracing their birth families.

While it would not be appropriate to go into detail about the contents of the legislation in advance of the proposals being discussed by Government, a contact register is provided for which will allow anyone affected by adoption or being raised in care to register as being willing to be contacted. In order to ensure the system is properly regulated and appropriate support is provided the Adoption Board will take on broad new responsibilities, including holding and managing the contact register.

As most will be aware from recent media coverage, we are working to further improve our procedures regarding inter-country adoption. There will be consequent changes to the Adoption Board in this context also. It is intended that the board will become a central authority with regulatory and monitoring responsibilities and provide guidance for all the agencies and bodies involved in adoption, both domestic and inter-country.

These changes will be introduced in the context of the second major piece of legislation which is being worked on in my Department. This legis lation will enable Ireland to ratify the Hague convention on the protection of children and co-operation and inter-country adoption. The changing trends in adoption have included a huge increase in the adoption of children from abroad and the objective of the Hague convention is to ensure that at all times in the process the paramount interest is that of the child. The Hague Convention Bill will include changes to the Adoption Board which arise from the adoption information Bill and those arising from the convention itself. I expect to bring this legislation to Government, possibly in the next month.

The legislation will provide a balanced response to the varying needs in this important area of social policy. The delay was due largely to ensuring the needs, wishes and sensitivities of all those involved in adoption are understood, taken on board and included in the legislation. The legislation will bring together the best international practice with the experience gained in Ireland. As I said, I will shortly be bringing this to Government. It is ready, the memo is prepared and I look forward to its enactment.

I thank the Minister of State and encourage her. Will she tell her officials there will be a very cross woman in the back of the Seanad raising this matter again if it is not dealt with soon? Time matters in these cases, but I am aware of the Minister of State's concerns and am sure she will press the issue.

There will be an angry Minister of State.

That is even better.

The Seanad adjourned at 8.35 p.m. until 10.30 a.m. on Thursday, 15 February 2001.

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