I propose to take Questions Nos. 1198 and 1199 together.
At present, adoption information and tracing services are provided by Tusla – the Child and Family Agency, the Adoption Authority and a number of accredited agencies that hold adoption records. Applicants are generally provided with any non-identifying information that is available as soon as possible. The person to whom the information relates must consent to the release of any identifying information. However, consent is not required where this person is deceased. I note that the woman seeking information is currently engaging with Tusla in this regard. Tusla deals with a significant number of requests for information from birth parents and adoptees. Since its establishment, Tusla has been working to bring local adoption services under the management of one national service in order to provide a more consistent and streamlined approach to adoption services. An improvement plan was introduced to address the waiting list and as a result the waiting list and waiting times are reducing. I also understand that Tusla gives priority to individual cases, having regard to the particular circumstances of the case, including the age or health of the individual concerned.
Work on drafting the Adoption (Information and Tracing) Bill is currently underway. The Bill is intended to facilitate access to adoption information in so far as is legally and constitutionally possible.
The Adoption Act 1952 provided a legal basis for adoption in Ireland and brought order to what had been the system of ad-hoc arrangements in lieu of formal adoption procedures up to this point. However, before the introduction of the Adoption Act 1952 it is understood that there may have been informal arrangements in place. Some people were placed in life long family care arrangements, where a child was in the custody of a person other than his or her parent or guardian and where no adoption order was effected. These arrangements were never formalised.
The Bill will provide that persons separated from their mothers at birth may apply to Tusla – the Child and Family Agency for information. The Bill will provide that the Agency will seek to locate the person to whom the information relates to seek their consent to its release where there are records available.
