James Reilly (Dublin North, Fine Gael) | Oireachtas source

Indeed, and newfangled technology.

As all of those affected by adoption in this country will know, efforts have been ongoing for many years to provide a statutory entitlement to identity information, in particular an original birth certificate, to adopted people. My overall policy objective in bringing forward this legislation has always been to provide access to as much information as possible to adopted people. The heads of the adoption (information and tracing) Bill provide for a comprehensive restructuring of the adoption information and tracing service, including setting out what information can be provided, and in what circumstances, for both past and future adoptions; providing for the management of adoption records; and placing the adoption information register on a statutory basis. I believe the Bill is a major breakthrough in dealing with the complex challenge of balancing the rights of birth mothers and adopted persons in regard to information and tracing. I take this opportunity to thank the staff in the Department for their commitment to finding a balance that would give due respect to the rights of everyone affected by adoption. The officials have worked closely with the Office of the Attorney General, and I also want to place on the record my thanks to the Attorney General and her office for the legal advice provided to date, and for her commitment to continue advising me as work on the heads progresses.

We are all clear on the outcomes that we wish to achieve, those being, to vindicate adopted people's right to information about their identities and protect birth parents' right to privacy. My Department has carried out a detailed policy analysis of the evidence surrounding the need for identity information and its importance in enabling adopted people to form a sense of self, something that many non-adopted people can take for granted.

The legal advice that I have received indicates that the right to know one's identity flows from the legal relationship between a birth mother and her child. However, I am also advised that the effect of an adoption order, which breaks that legal relationship, is to restrict that right to know. All of us have a right to privacy and protection of that right is constitutionally guaranteed. The advices that I have received are clear, in that we cannot simply dispense with anyone's right to privacy, including that of birth mothers, or retrospectively change that with new legislation.

However, the issue is far more complex for adoptions that have taken place in the past. Our goals are clear: to provide a legally guaranteed right to identity information for adopted people and the offer of support for those who wish to make contact. While we know that, in practice, people affected by adoption respect one another's privacy, we must also ensure the protection of that constitutional right if the Bill is to be legally sound. There is no doubt that it has been challenging to find a formula that provides for both of these goals.

For adoptions prior to the Bill's commencement, a key provision of the Bill is to provide adopted people aged at least 18 years with a statutory right to the information required to apply for their birth certificates. A birth certificate contains important identifying information, which is shared by an adopted person and his or her birth parents. In this respect, it is different from other identifying information that can be more readily characterised as belonging to one person or the other. When the adopted person is provided with the information required to apply for his or her birth certificate, he or she will be asked to make a statutory declaration to respect the birth parents' right to privacy or, in practical terms, their right to be left alone. In situations where a birth parent does not currently want to make contact with her or his adopted child, the statutory declaration aims to provide birth parents with reassurance that their wishes will be respected. In these circumstances, an adopted person declares in law that he or she agrees not to contact or ask anyone else to contact the birth parent and to seek the assistance of Tusla's information and tracing services if he or she wants to make contact in the future. There is no requirement for a statutory declaration where a birth parent consents to identifying information being released or where a birth parent is deceased.

Recognising that tracing birth parents and seeking identity information can raise painful issues for all involved, birth parents and adopted people will be offered appropriate support and guidance by a Tusla social worker. Finding a way of ensuring that both parties have access to this information while respecting each party's right to privacy has been challenging, but it is my belief that the provisions of the Bill strike that balance in a fair and respectful way.

Secrecy and lack of information are our enemies in this endeavour. People can be reluctant to place their names on a register because they do not know what the consequences might be. The difficult experiences that many people affected by adoption have had can mean that they are fearful of change. As such, it is important that everyone has an opportunity to familiarise himself or herself with the new legal framework and the rights and protections it affords.

On commencement of this legislation, we will embark on a year-long extensive information campaign to publicise its provisions and to encourage adopted people and birth parents to enter their details on the adoption information register. People who are considering sharing information or having contact with persons they were separated from as a result of adoption will be encouraged to engage with Tusla's information and tracing services. The information campaign will highlight adopted people's right to the information required to apply for their birth certificates and explain to them the content of and need for the statutory declaration. Birth parents will be made aware that they may indicate a preference of "No Contact at Present" on the adoption information register and that they can change their minds about this if they are ready. Once the awareness campaign has been conducted, adopted people will have a statutory entitlement to the information required to apply for their birth certificates.

These provisions are designed to achieve the necessary balance between adopted people's right to identity information and birth parents' right to be left alone. By providing for a high-profile awareness campaign, support and guidance for those who want or need it, the statutory declaration and the possibility of appealing to the courts, we can achieve a fair balance between these rights.

It is important that future adoptions be conducted on the basis of an explicit understanding about the identity information that must be provided. The Bill also provides that, for future adoptions, adopted people will be able to apply for a copy of their birth certificates, adoption orders and other information. It provides for the sharing of information between birth and adoptive parents about the adopted child where both parties agree. In addition, it provides for information to be given to an adopted person whose adoption is registered on the register of inter-country adoptions. Persons who were the subject of so-called informal adoptions and wrongful registrations and their birth parents are covered by these provisions and can avail of services and be provided with information where such information is available.

The Bill would establish an adoption information register on a statutory basis to allow people to indicate their preferences regarding contact and-or sharing of information. Tusla will be responsible for operating the register and providing information and tracing services. It will facilitate and support contact between parties as requested. Support and guidance will be offered to all persons who request contact and-or the sharing of information. The Adoption Authority of Ireland will be responsible for collecting, restoring, preserving and safekeeping adoption records, including information on informal adoptions and incorrect birth registrations. The Bill will set out the information that must be retained by the authority for future adoptions and, in so far as it is available, for past adoptions for people on the register of inter-country adoptions as well as informal adoptions and incorrect birth registrations.

As members may know, many adopted persons and birth parents are exchanging information and have had reunions. This has been facilitated by Tusla, the Adoption Authority of Ireland and a number of agencies. I thank them for the contribution they have made to date in the provision of information and tracing services and I look forward to continuing to work with them.

When the committee has concluded its valuable work on this Bill, I will consider any issue identified and make the necessary amendments to the heads of the Bill. Adopted people are validly asking questions about their identities. Due to the nature of historic adoption, they have often been prevented from getting a comprehensive response. This Bill is about providing a right to identity information, not a right to contact. Birth parents can be afforded no less a protection of their constitutional rights than the rest of us. The safeguards in the Bill, including the ability to specify preferences regarding contact, will provide birth parents with the reassurance they need while ensuring that adopted people can access important information about their identities.

I hope that this first important step will lead to positive reforms and better outcomes for adopted people, their families and birth parents. I also hope that it will provide people affected by adoption with the time and space to reconcile themselves with the often painful experiences of their pasts, free of the suffocating fear and stigma that has too often characterised the historical experience of adoption in Ireland. I am determined that we will learn from the past. We will learn from the experiences of the many children who were given loving homes by adoptive parents and strive to ensure that the negative experiences of the past are eradicated. This Bill will help to enhance the experience of adoption by providing for something that is fundamental to every human being, namely, information about who he or she is.