P. J. Sheehan
Ceist:9 Mr. Sheehan asked the Minister for Health if he will give details of the national adoption register; and when he proposes to establish it.
Ceisteanna — Questions. Oral Answers. - Adoption Contact Register.
Jim Mitchell
Ceist:22 Mr. J. Mitchell asked the Minister for Health his views on informing birth parents that a child placed for adoption would have access to his original birth certificate; and if he will make a statement on the matter.
Jimmy Deenihan
Ceist:69 Mr. Deenihan asked the Minister for Health if he intends to introduce an adoption register for all individuals who have been adopted in this country, including both parents and children.
Austin Currie
Ceist:91 Mr. Currie asked the Minister for Health the proposals, if any, he has for the establishment of a national adoption contact register.
I propose to take Questions Nos. 9, 22, 69 and 91 together.
Officials of my Department recently met representatives of the Adoption Board for discussions regarding proposals for the establishment of a national contact register to assist adopted persons and birth parents wishing to be put in touch with one another. I am firmly of the view that it would be desirable for an adoption contact register to have a statutory basis. The question of changing the law to give adopted persons a statutory right of access to their original birth records also falls to be considered in the context of proposals for such a register. If formal arrangements were to be put in place to enable parties to legal adoption proceedings, by mutual consent, to reestablish contact with each other it seems to me that it would be reasonasble to allow the adoptee in such a case a right of access to his or her original birth certificate.
However, as the Deputies will appreciate, it will be far more difficult to address the needs of adopted persons whose birth parents do not desire any contact with them and who want to preserve their anonymity. Many mothers who have given up a child for adoption did so on the understanding that confidentiality would be maintained and that no identifying information about them would ever be disclosed to the adopted child. These mothers would be extremely concerned about any proposal to modify the existing legal position in relation to access to birth records. This is a sensitive human issue which requires very careful consideration in order to ensure that an appropriate balance is struck between the rights of birth parents and the needs of adopted persons.
While I am in favour of introducing amending adoption legislation, my absolute legislative priority at present in the area is, as I indicated in the House recently, the preparation of the various sets of new regulations required to give full effect in those key parts of the Child Care Act, 1991, which will greatly strengthen the powers of the health boards and the Garda to intervene effectively in cases of child abuse. As the Deputies are aware, the report of the investigation into the County Kilkenny incest case has underlined the need for the immediate implementation of the provision in question. It is my intention that the resources of the new child care policy unit which I am establishing within my Department will be fully committed to this task. When this objective has been achieved the question of drafting amending adoption legislation will receive full consideration in the light of developments in the adoption area.
Will the Minister agree that this is a human rights issue and accept that attitudes have changed considerably during the past two decades on this matter? Will he further accept that an adult or child adoptee should have a legal right to their original birth certificate? That is the kernel of the matter. I am hazy on what the Minister's attitude is.
I will try to remove the fog. A number of sometimes conflicting human rights are involved, including the rights of the adoptee and those of the birth mother, who in some cases gave up a child on the clear understanding and condition that her anonymity would be protected. We will have to reflect carefully on the emotional trauma that would be caused in changing the statutory provision to give adopted persons an automatic entitlement to their birth certificate. While I will have to reflect carefully on this matter, I admit that I do not have a clear view on it. The complexity of this issue is illustrated by the fact that this was the only question on which the review committee on adoption services, which reported to the Minister for Health in 1984, was in disagreement. The majority recommendation was that under the law persons adopted from that date onwards should be allowed to obtain their original birth certificate on attaining the age of 18. A significant number dissented from that view. We must reflect on the matter again, but I have not a closed mind on the issue.
Will the Minister accept that since the committee to which he referred issued its report to the then Minister for Health, Mr. Barry Desmond, in 1984, there has been a shift in emphasis and that if a similar committee was to report today the result would be different? The Minister referred to a "significant minority" but I am not sure about the actual significance of that minority. I put it to him that the most important point is that as a society our attitude has changed considerably and we are now more open in regard to this matter than we were in the past.
I accept what the Deputy is saying but it is not merely a question of being more open in regard to this matter. I am concerned at the implications for the natural mother of changing the law in that regard. I do not have a closed mind on this matter — I am minded to support it on the balance of good — but I do not have a firm, definitive view on it yet. The views of the Deputies opposite are a help in this regard.
I am glad to hear that the Minister has an open mind on this matter. Would the Minister not agree that some women put their children up for adoption because the children were conceived as a result of rape or incest? The Minister has raised valid points about the destructive effect unilaterally changing a contract could have on the families of those women.
That is precisely the type of case which would have to be taken into account. Even if it was correct in the overwhelming number of cases to provide ready access to that information, cases such as the one instanced by the Deputy would give me cause for reflection. I hope we can build a new consensus on this matter when legislation is brought before the House.
I do not doubt his sincerity in the matter but I put it to the Minister that he is confusing confidentiality with secrecy. Perhaps he would reflect on that point for a moment. While it may not be right to give that entitlement to the adopted person in a certain number of cases, if the information was confidential instead of secret, as is the case at present, this would get over the difficulties referred to by Deputy O'Donnell.
I am not sure that all difficulties could be overcome in the way the Deputy suggests. As I said, I will reflect on the points put forward by the Deputies opposite. Unfortunately, it will be some time before any legislation to amend the Adoption Acts is brought before the House.