Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I move amendment No. 17:

In page 20, between lines 18 and 19, to insert the following:"Amendment of section 58 of Principal Act

26. The Principal Act is amended by the insertion of the following new section:

"58B.A Child who has been adopted under the provisions of the Adoption Acts shall continue to be entitled to have access to his previous parents or guardians, or relevant non-guardians, prior to the adoption, should the child so wish, and provided that this is in the best interests of the child.".".

The amendment relates to access. I made the point at length on Committee Stage that children who have been subject of an adoption do not have the statutory right to have access to their former family. That could happen in a number of circumstances. It could be parents with whom they had a good relationship or people with whom they did not maintain a good relationship. In those instances, it could be a grandfather or a sibling. Clearly, in most cases where an adoptive family has the best interests of the child at heart, it will allow and facilitate such access. However, should the family be restrictive about this, my understanding is the child has no recourse. Where such access occurs, it is monitored by the relevant authorities such as Tusla and in consultation with the adoptive family. However, a statutory right should be put in place. Commentary has been generated previously about the fact that our adoption laws are open and shut. We do not have necessarily the same forms of open or flexible adoptions that exist in other jurisdictions. The matter needs to be considered as a wider policy issue but, in the interim, at the very least, a general right limited on the basis of the child's consent or where it is in the child's best interest should be given a statutory basis, ensuring he or she has access to the family because he or she has a past and will want those people to continue to be a part of his or her life. The door should not be shut on that part of these children's lives forcing them to move on.

See this speech in context