Dáil Éireann Debate, Wednesday - 20 March 2024
1120. Deputy Richard Boyd Barrett asked the Minister for Children, Equality, Disability, Integration and Youth his views on how to approach birth information and tracing policy where a birth parent or other individual with access to relevant information is withholding information or otherwise failing to cooperate with an individual who is seeking out their birth information; and if he will make a statement on the matter. [11870/24]
View answerThe Birth Information and Tracing Act 2022 enshrines in law the right to identity information for all those who are adopted, nursed out, boarded out, subject to an illegal birth registration, or resided in a mother and baby or county home institution as a child. It also allows for access to information by a child of a relevant person where their parent has died, and for access by the next of kin of children who died in an institution.
Adopted persons now have a clear and guaranteed right of access to their identity information as held by relevant bodies, including information which is also the personal data of another person and certain defined categories of third party information. However, the Act also contains measures to balance this right with the birth parent’s right to privacy in a fair and compassionate way.
The Contact Preference Register, established under the Act, enables adopted persons, parents or other genetic relatives to register their preference in relation to contact with each other. Importantly, it will allow parents to register a ‘no contact’ preference prior to their information being released as part of a person’s birth and early life information, by way of an information session. This ensures that the parent’s right to privacy and wish for privacy will be communicated when releasing their information. It is important to be aware that information will always be released, even where a ‘no contact’ preference has been registered.
The statutory Tracing Service assists people actively seeking a reunion, wishing to make contact, or looking to share or seek information. The Tracing Service can facilitate the sharing of information while maintaining a level of contact (if any) that both parties are comfortable with. Reunion or contact through the Tracing Service will be based on the consent of both parties, and actively supported by qualified social workers. Again, this includes the right of the person being traced to refuse engagement with the person seeking them.
The critical requirement to balance these two (at times competing) rights meant that in the past adopted people were denied their information, or provided with redacted information. The Birth Information and Tracing Act was landmark legislation in allowing full access to information for adopted persons while ensuring a privacy preference if made, is communicated.
In the circumstance highlighted by the Deputy, the policy underpinning the legislation centred on establishing in law the rights of relevant persons to information concerning their origins, where it exists and is held by the State in the form of relevant bodies (the Child and Family Agency, Tusla and the Adoption Authority of Ireland). This is critical to relevant persons being able to understand the story of their birth and early life.
However, there are many reasons why a birth parent may not wish to revisit earlier periods in their life, and we must respect these too. In developing this policy, officials were mindful of the impact the legislation would have on some birth parents, and compelling them to disclose information was not considered. While the relevant bodies offer support for contact in all cases, ultimately it is the birth parent’s decision whether or not to make contact or share information.
