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Adoption Legislation

Dáil Éireann Debate, Tuesday - 1 July 2014

Tuesday, 1 July 2014

Questions (621)

Dara Murphy

Question:

621. Deputy Dara Murphy asked the Minister for Children and Youth Affairs if legislation is proposed to amend Irish adoption law along similar lines to that in existence in the United Kingdom, specifically with respect to access to information for both mothers and those adopted; and if he will make a statement on the matter. [27848/14]

View answer

Written answers

My Department is continuing work on the Adoption (Information and Tracing) Bill and I hope to be in a position to seek Government approval to publish the Heads of the Bill as soon as possible. While I am anxious to improve the legal basis for access to adoption records, proposals to Government have to reflect the constraints on the Legislature in providing such access if they are not to fall foul of Constitutional challenge. The Office of the Attorney General has provided comprehensive legal advice to the Department that has assisted in identifying the Constitutional parameters within which the Heads of the Bill have to be drafted. The most difficult situations to address within the proposed legislation are those where the consent of other parties, such as natural mothers, does not exist for the release of information.

It is intended to proceed to finalise legislative proposals so that I may bring proposals to the Government as soon as possible. Prospectively the issue of providing an adoptive person with their birth certificate after the age of 18 is an issue receiving consideration. Subsequent consideration by the Oireachtas Health and Children Committee will allow the issues to be carefully examined and the views of different interested parties on these important and sensitive matters to be fully considered.

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