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Adoption Legislation

Dáil Éireann Debate, Thursday - 25 October 2012

Thursday, 25 October 2012

Questions (12, 18, 28)

Clare Daly

Question:

12. Deputy Clare Daly asked the Minister for Children and Youth Affairs the steps she will take to safeguard the birth records and files, held in the hands of private individuals and organisations, such as general practitioners, midwives, mother and baby homes, private agencies and so on, which contain important information regarding person's identities. [46752/12]

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Clare Daly

Question:

18. Deputy Clare Daly asked the Minister for Children and Youth Affairs if resources will be made available in the context of the planned Adoption (Information and Tracing) Bill to ensure that files held in various locations are centralised and safeguarded to assist in adopted persons quest to establish their identity. [46753/12]

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Seamus Kirk

Question:

28. Deputy Seamus Kirk asked the Minister for Children and Youth Affairs her plans regarding the Adoption (Information and Tracing) Bill; and if she will make a statement on the matter. [46718/12]

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Written answers

I propose to take Questions Nos. 12, 18 and 28 together.

The Adoption (Information and Tracing ) Bill continues to be a priority of mine. While the drafting of the Heads of Bill is at an advanced stage in my Department and consideration of the policy issues in relation to all aspects of the proposed Bill is ongoing, it is intended that the proposed legislation will provide for a structured and regulated way of both safeguarding adoption records and providing access to adoption information. It is currently intended that the Heads of Bill will provide for the Adoption Authority of Ireland to have responsibility for the safeguarding and maintenance of all adoption records in the State. This will include the establishment of a register of all relevant records held in various locations, which would be maintained by the Adoption Authority.

It is also intended that the Heads of Bill will provide that the Authority is to have responsibility for ensuring that access to those records is provided to an adopted person or to a birth parent, in accordance with the Bill. As all persons have a constitutional right to privacy it is envisaged that there may be some restrictions on the information that could be made available without the consent of the parties involved.

It is also intended that the Bill will establish the National Adoption Contact Preference Register on a statutory basis so that adopted persons, birth parents and others separated as a consequence of an adoption will have access to the tracing and information service. The National Adoption Contact Register was established in 2005 to assist adopted people and their natural families to make contact with each other, exchange information or state their contact preferences. The applicants decide, through a range of information and contact options, how they wish to proceed. It is also intended to establish a National Tracing Service on a statutory basis to assist persons who have been separated by adoption and are seeking assistance in tracing or making contact with relatives. It is intended to also provide the Tracing Service to persons who have been separated as a consequence of an "informal arrangement" (for example in the case of an informal or unlawful birth registration where no actual adoption took place).

The draft Heads of Bill will be submitted to Government for approval prior to commencing the drafting of the Bill. It is my hope to publish the Bill as early as possible having regard to the current priority workload relating to the Children's Referendum, Adoption (Amendment) Bill and Child and Family Support Agency Bill. I recently met with the Adoption Rights Alliance and committed to further discussions ahead of publication of the Bill.

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