Adoption Records Provision

Dáil Éireann Debate, Tuesday - 5 November 2013

Tuesday, 5 November 2013

Questions (996)

Maureen O'Sullivan

Question:

996. Deputy Maureen O'Sullivan asked the Minister for Children and Youth Affairs in the event of an adopted person successfully tracing his or her birth mother and the identity being known to him or her, the reason he or she cannot be given a copy of his or her adoption file; and if she will make a statement on the matter. [46166/13]

Written answers

Minister for Children and Youth Affairs

Work is 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. The constitutional and legal context within which the development of legislative proposals must be undertaken is complex. This has influenced the existing approach to access to information which, while subject to significant development in recent years, has heretofore operated based upon the consent of all the parties. The proposed legislation is intended to provide for a structured and regulated approach for applicants seeking access to adoption information and is also intended to facilitate contact between parties affected by adoption, including in circumstances where an adoption order was not effected.

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. This is a particular challenge in considering the impact on individuals in respect of adoptions which took place in the past where the concept of confidentiality and privacy were very central in the adoption process. These issues are currently receiving careful examination and detailed consideration is underway on the part of my Department and the Office of the Attorney General.

I am anxious to bring the Heads of Bill before Government at the earliest possible date. Again, my view is that persons affected by adoption should be provided with a statutory right to as much information as permissible within Constitutional boundaries. However, there are undoubtedly challenges remaining in developing a workable framework which respects the Constitutional rights of all parties. I remain committed to achieving my policy objectives notwithstanding these challenges.