Oireachtas Joint and Select Committees
Tuesday, 29 June 2021
Joint Oireachtas Committee on Children and Youth Affairs
Pre-Legislative Scrutiny of the General Scheme of the Birth Information and Tracing Bill 2021
Mr. Rody O'Brien:
Yes, that follows on as a natural progression from the conversation and what we discussed earlier. All the speakers from the different groups representing adoptees are making the point that there is a restriction with the imposition of an information session.
If there is a preference by the birth parent for no contact, that triggers an information session. That session is compulsory in order to acquire the birth certificate or birth information the adoptee is looking for. There is a restriction based on the trigger of the no-contact preference indicated by the birth parent. This is inequitable. There is an issue of inequality because if you or I apply for our birth certificate, there is no restriction arising out of somebody not wanting us to have that information. We are allowed access to the information as a right.
The point is that we are not progressing in regard to giving unrestricted access to adoptees to their birth information. There is an obstacle when the birth parent expresses a preference for no contact. Why should that be the point at which adoptees are restricted? It means that their recognised identity rights, as defined in the Constitution, are limited. That is the first point that needs to be made.
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