Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Work is continuing in the preparation of the Adoption (Information and Tracing) Bill which will provide for a structured and regulated approach to providing access to adoption information and facililtate contact for those affected by adoption, including in circumstances where an adoption order was not effected. It is intended that the Bill will provide for the Adoption Authority to have access to all adoption records. The Bill will provide for a national index of adoption records to be maintained by the Adoption Authority containing information on the whereabouts of all known adoption records located within the State. Currently, they are located in many settings. It is envisaged that only the Adoption Authority, the Health Service Executive and accredited bodies will hold adoption records and that the Adoption Authority will have overall charge of these records. Much concern has been expressed that the records are held in many places. The Bill will ensure they are gathered together.

It is also intended that the Bill will provide for placing the National Contact Preference Register which is on a voluntary basis on a statutory basis. The purpose of the register is to allow persons affected by adoption to register their names with a view to receiving information on a person from whom they have been separated as a result of adoption and will allow for the registering of a preference as to whether they want to have contact with that person.

A national tracing service will be established, the operation of which will be subject to guidelines which will be set out in regulations. It is intended that the tracing service will be made available to adopted persons, birth parents and relatives, with the Adoption Authority having overarching responsibility for the service.

It is intended that prior to the release of adoption information, counselling will be offered by the Adoption Authority, the HSE or an accredited body to an adopted person, a birth parent or an adoptive parent if, in the opinion of the Adoption Authority, the HSE or an accredited body, such counselling would be beneficial in the circumstances or if such counselling is requested by the applicant seeking adoption information.

Consideration of the legal and policy issues involved is ongoing and once these have been satisfactorily resolved, I intend to seek Government approval to publish the heads of the Bill. It is my intention to bring the Bill before the Houses of the Oireachtas in 2013.

Additional information not given on the floor of the House

Complex issues have arisen during the course of preparation of the Bill, including the criteria for balancing an adopted person's right to information on his or her identity against a birth parent's right to privacy. My view is that persons affected by adoption should be provided with as much information as possible within permissible constitutional boundaries.

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