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Dáil Éireann díospóireacht -
Thursday, 30 Oct 1980

Vol. 323 No. 7

Ceisteanna—Questions . Oral Answers . - Adoption Practices .

1.

asked the Minister for Justice if he is aware with regard to adoption in Ireland, that the publication of the names of adoptive parents and the first names of adopted children is still continuing, although it was understood some years ago that this practice would be ended; if any research into adoption practices is being carried out at present; and if not, if there are any such plans either by the Government or any other agency.

: Paragraph 14 of the First Schedule to the Adoption Act, 1952, requires An Bord Uchtála to publish a notice in Iris Oifigiúil of the making of every adoption order. I am not aware of any undertaking to introduce legislation to do away with the requirement and on the information at present available to me I am not convinced that the case for doing so has been made out. There is no reason that I am aware of why the making of an adoption order should be secretive, provided, of course, confidentiality as to the child's background is maintained. Third party rights are affected by an adoption order and it is at least arguable that there should be some public record of the making of an order. I would, however, be prepared to consider the matter further if legislation in regard to adoption were in contemplation.

An Bord Uchtála, having consulted the adoption societies, recently prepared a note indicating aspects of adoption they would welcome research into. My Department are now seeking proposals from some research bodies on the basis of that note.

: Is legislation on adoption being contemplated?

: I said I would be prepared to consider the matter embodied in the Deputy's question if legislation on adoption were being contemplated.

: I answered that. If legislation is contemplated——

: By whom? By the Government? Are the Government at present contemplating introducing legislation on adoption?

: If and when legislation on adoption is being contemplated ——

: Is it now being contemplated?

: I have replied satisfactorily.

: I do not understand the answer. Does the Minister see a case for considering the degree of confidentiality or public attention which is at present given to the whole process of the publication of the adoption order? My question does not suggest that we want legislation to stop at the adoption order nor does it suggest that we stop the adoption order from being published. Would the Minister consider changing the present system to give greater protection to the child and the adoptive parents without depriving the natural parents of the right of having at least a source reference at some stage, but without having to publish this matter?

: Should there be a decision to introduce legislation I can assure the Deputy that what he suggests will be considered in that context.

: Would the Minister try to be a little more helpful? He is saying that if legislation is to be introduced these matters will get attention. If he cannot tell us whether such legislation will be introduced, how can we have any kind of dialogue? All I am asking is if he will consider the possibility of dropping the need to publish the names of adoptive parents and the first names of adopted children as widely as is now published, for obvious reasons? This is an aspiration which is generally accepted as being worthy. Will the Minister consider that?

: I have assured the Deputy I will consider it.

: A final question.

: What exactly does the Minister mean by the phrase "should there be a decision"? It is up to the Government to introduce legislation. Do they intend updating the present adoption laws?

: In my reply I stated that my Department were seeking proposals from some research bodies on the basis of contemplated change. In that eventuality the matter raised by Deputy Keating would be considered.

: The Minister could be contemplating this matter for the next five years.

: May I——

: No. I have allowed enough supplementaries. Question No. 2.

: May I ask one brief question?

: No. Question No. 2.

: May I ask the Minister if the change I am asking for does not need legislation——

: Question No. 2.

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