Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context

Question 104: To ask the Minister for Children and Youth Affairs the measures she and the Adoption Authority of Ireland will take to define, investigate and remedy illegal Irish adoptions, both domestic and inter-country, in particular to ensure that adopted persons' identities have not been erased or altered thus to make future searches for or by original families impossible. [8080/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context

The question raised by the Deputy must be considered in the context of both current and historic adoptions.

In relation to current adoption practice, with effect from 1 November 2010, intercountry adoptions can be effected with other countries which have ratified the Hague Convention or with countries with which Ireland has a bilateral agreement. The Hague Convention is a co-operative agreement drawn up to allow countries to mutually support one another in protecting the best interests of children in the intercountry adoption process. It is designed in such a way as to allow for mirrored mechanisms and structures to mutually assure countries of the safety and standard of intercountry adoptions in those countries. The Adoption Authority of Ireland (AAI) performs the function of a Central Authority under the Adoption Act, 2010, in accordance with the Convention. In choosing to deal primarily with Hague countries, the AAI has the mechanism to work collaboratively with equivalent structures in that country. Each Central Authority has the responsibility to oversee standards in respect of those parts of the process taking place within their respective jurisdictions. This mutual arrangement is designed to give the AAI, the Government and, most importantly, those involved in the adoption process assurance as to the standards being set and the oversight of the system.

It is not realistic that the Government, or the AAI, could regulate activities relating to the adoption process outside of these State-to-State arrangements. Nor would it be possible for the AAI to work on a case by case basis to oversee individual adoptions extra-jurisdictionally as they are being effected. A system whereby the AAI considered whether adoptions are compliant with the required standards after they have been effected would be unfair both to the children and prospective adoptive parents involved. It leaves open the possibility of adoptions being unrecognised which is contrary to the best interests of the child. The role of the Central Authority in the sending country is therefore critical to the process of national assurance.

The recent statements in the House on the issue of intercountry adoptions provided an opportunity for Deputies to raise a number of important issues around this issue. I found the debate to be constructive and informative and I was particularly pleased to note the many contributions, including that of the Deputy, highlighting the central importance of the best interests of the children concerned in all our intercountry adoption activities.

As regards historic cases the Adoption Authority of Ireland holds records of adoptions effected since the introduction of statutory adoption in 1952. It holds no records relating to birth registrations.

An audit was undertaken in 2010 related to records retained by the Authority of contact received from persons who have been told and/or believe themselves to be adopted, in respect of whom, no adoption record exists. This indicated that 99 people who have identified themselves as adopted do not have a corresponding adoption file. Around 50% of these relate to so-called "adoptions" prior to the introduction of the statutory adoption regime under the Adoption Act, 1952 (which was commenced on 1 January, 1953). This work has continued following the commencement of the Adoption Act 2010 – as these queries continue to arise.

The Authority has indicated its intention to undertake further work to explore the full extent of the issue. The Board of the Authority will then consider possible next steps to contribute to an understanding of the issue including the provision of advice to me on the issue. It is important to note that the Authority has no statutory responsibility in respect of the matter but is extremely sensitive to the issue. Notwithstanding that, it should be noted that, in a number of individual cases, where the facts have been available to the Board or the Authority, it has advised the appropriate authorities in respect of any activities which it believed contravened the Adoption Act(s) for the relevant period.

The drafting of legislation with regard to Information and Tracing is one of my top priorities. Work is underway in relation to the preparation of the Bill, in consultation with the Adoption Authority, to provide for a structured and regulated way of providing access to information and contact for those affected by adoption. It is intended that the Adoption (Information and Tracing) Bill will provide for the Adoption Authority to have access to records currently held by a wide range of Information Services, give the Authority an oversight role with regard to the maintenance of adoption records and place the National Contact Preference Register on a statutory basis. The Bill will also provide for proactive tracing and reunion services by appropriate bodies for adopted adults, birth mothers and birth families, with the Adoption Authority having the overarching responsibility for the service. I intend to take this legislation through the Houses of the Oireachtas at the earliest opportunity.

Question No. 105 answered with Question No. 98.