Dáil Éireann Debate, Tuesday - 9 July 2013
466. Deputy John Paul Phelan asked the Minister for Children and Youth Affairs the current status of the proposed new Adoption Bill; if she will outline the principal areas that it is intended to deal with; and if she will make a statement on the matter. [33402/13]
View answerThe General Scheme and Heads of Bill of the proposed Adoption (Amendment) Bill was published in September 2012 in conjunction with the publication of the referendum proposal to inform the public of proposed changes to adoption law if the Constitutional amendment was approved. The draft Bill provides for changing the criteria, under section 54 of the 2010 Act, where the High Court may authorise the making of an adoption order without parental consent, in the case of a child who is in the care of prospective adopters and where that child’s parents have failed in their parental duty to the child. The draft Bill will also provide for the voluntary placement for adoption of any child irrespective of the marital status of his or her parents. In the case of a child of married parents, both parents must place the child for adoption, and before doing so will be counselled and given information in accordance with the provisions of section 14 of the Adoption Act 2010. It is my intention to bring the Adoption (Amendment) Bill 2013 before the Houses of the Oireachtas as soon as possible, following conclusion of all proceedings and processes relevant to the Referendum.
Work is also continuing in relation to the preparation of the Heads of Bill of the Adoption (Information and Tracing) Bill. My view is that persons affected by adoption should be provided with a statutory right to as much information as possible within permissible Constitutional boundaries. It is intended that the Bill will provide for the Adoption Authority to be responsible for providing access to adoption records, in accordance with the provisions of the Bill. The Bill will provide for the Adoption Authority to establish and maintain a National Index of Adoption Records, the purpose of which is to help an applicant for adoption information to identify the location of his or her adoption records. The intention is that the Bill is to provide that the Adoption Authority, the HSE or an accredited body may hold adoption records, with the Authority having overall charge of those records.
It is also intended that the Bill will provide for placing the National Contact Preference Register on a statutory basis. The purpose of the Register is to allow a person affected by adoption to enter his or her name on the Register with a view to receiving information about another person from whom he or she has been separated as a result of adoption and also to indicate a preference as to whether or not contact is being sought with that person. A National Tracing Service will be established under the provisions of the Bill. It is intended that the Tracing Service is to be made available to an adopted person, a birth parent and a relative of either an adopted person or a birth parent, and that the Adoption Authority is to have overall responsibility for providing the tracing service. It is also intended that prior to the release of adoption information, counselling will be offered by the Adoption Authority, the HSE or by an accredited body to an adopted person, a birth parent or to an adoptive parent.
Complex legal and Constitutional issues have arisen during the course of preparation of the Heads of Bill, including the setting of criteria for balancing an adopted person's right to information about his or her identity as against a birth parent's right to privacy. These issues are currently receiving careful examination within my Department and in the Office of the Attorney General. I am anxious to bring the Heads of Bill before Government at the earliest possible date. However, there are undoubtedly challenges remaining in developing a workable framework which respects the Constitutional rights of all parties.
