Dáil Éireann Debate, Thursday - 24 March 2022
317. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the degree to which the number of illegal adoptions by adoptive parents living in other countries has been determined; the extent to which acknowledgment, reconciliation or agreement in regard to such has been progressed; and if he will make a statement on the matter. [15672/22]
View answerDetermining the precise number of illegal adoptions by adoptive parents living in other countries is a complex task, not least because this practice was often a secretive process carried out without due regard to the rights and dignity of those involved. However, today the safeguards in the adoption acts ensure that the best interests of the child are the paramount consideration in all adoption cases.
Following Tusla's discovery in early 2018 of evidence of illegal birth registrations in the files of the St. Patrick's Guild adoption society, the Government instructed Tusla to inform the affected individuals. Some of these cases involved persons living in other countries.
In March 2021 I asked Professor Conor O'Mahony, the Special Rapporteur on Child Protection, to consider the significant complexities and challenges which arise in relation to the issue of illegal birth registrations, and to provide a report proposing an appropriate course of action. On 14th March 2022 I published the report which sets out 17 numbered recommendations.
Recommendations 8-12 relate to creating a Specialist Tracing Service that would take a two-pronged approach to identifying further cases of illegal birth registration. Firstly, it recommends a review and trace of the files flagged by Tusla as raising suspicions of illegal birth registration, but which fell short of the amount of evidence in the St. Patrick Guild files during the Independent Review. Secondly, it recommends creating a right of expedited review for persons who hold reasonable suspicions that they may have been the subject of an illegal birth registration.
On the first point, I will request Tusla to review these files to see if illegal birth registrations can be confirmed. Where they can be, I will direct Tusla to inform the affected individual in an ethical and sensitive manner. I will provide the relevant legal underpinning for this review through the Birth Information and Tracing Bill and prior to issuing a formal request to Tusla.
On the second point, through the Birth Information and Tracing legislation, a person who suspects that their birth was illegally registered will have the right to request an expedited review of their case.
In the coming months, my priority will be to deliver the Birth Information and Tracing Bill, which will robustly fulfil the vast majority of the report's recommendations and ensure significant support for people affected by an illegal birth registration.
