Oireachtas Joint and Select Committees

Thursday, 8 October 2015

Joint Oireachtas Committee on Health and Children

General Scheme of Adoption (Information and Tracing) Bill 2015: Department of Children and Youth Affairs

9:30 am

Ms Noreen Leahy:

To start with the nature of the records, the Department of Foreign Affairs and Trade has records relating to adoptions to the United States. I do not know exactly what they are, but we are informed it might be travel documents or passports for children who have been adopted to the United States. These records are currently held by the National Archives and they will come under the remit of the Act. In fact, the Department of Foreign Affairs and Trade was keen to meet with us to ensure its records were included under the Bill.

The process of transferring the records from St. Patrick's Guild is under way. There are ongoing discussions between ourselves, Tusla, St. Patrick's Guild and the authority. That forms part of the working group that has been commenced. It is working on that. The consideration on that is happening at present and we are trying to progress it as soon as possible.

With regard to other identifying information, one can separate the information into a number of categories. While they are not all mutually exclusive, I will explain each category. It does not necessarily mean that an adopted person will come in on the first day and look for particular information, but I will explain how each category works. The first piece of information is information about the adopted person. This would be the time in the early nursery, medical information from the time of the birth and any information that is held on record. The Bill provides that it can be provided immediately to the adopted person.

The next level of information, if one can call it that, will be non-identifying information about the adopted person but which incidentally has information about the parents. One is talking about family background and perhaps some information about the circumstances of the adoption. It is shared information, but it is information that is important to the adopted person. In practice, many people when they seek information get what I would call an early life story, in which they would be told some non-identifying information about their parents. We are providing in the Bill that this non-identifying information can be provided as soon as possible. Of course, one also must ensure that it does not identify the birth parents, but that can be provided.

The next level of information would be where a birth parent has sent information to be provided to their child who was adopted. For example, if there is some more recent medical history that a birth parent has provided to be given to their adopted child that can be provided, again in a non-identifying way. There is provision for that in the Bill.

Then we move into the realm of identifying information. The first level of this would be the information required to apply for a birth certificate, which obviously identifies the birth parents. This is provided immediately with the consent of the birth parent or if it is established that the birth parent cannot be traced or is deceased. Under the legislation there is the one year awareness campaign. Once that has concluded the information required to apply for a person's birth certificate can be provided on signing the statutory declaration.

The next level of information would be other identifying information. In this situation we are getting very close to somebody seeking contact with the birth parent. At this stage the adopted person will most likely have a good level of information, so it would be information about current contact details or particular questions on which an adopted person might want information, for example, medical history or a particular question they might wish to pose. Obviously the birth parent has to provide that information and they must consent. This is information that would not be available on record so they must consent. However, we would see that as getting very close to the stage of the adopted person seeking to initiate contact.

I hope I have explained that.

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