Katherine Zappone (Dublin South West, Independent) | Oireachtas source

Let me offer an additional response. Under the recently published Adoption (Information and Tracing) Bill 2016, the Child and Family Agency will have a role in encouraging and facilitating contact between adoptive children and previous parents or guardians. I refer the Deputy to section 45 of the Bill as published. Recent legislation in this area is endeavouring to provide an equivalence between adopting families and other families. That is important and we cannot just sweep it aside. Under our legislative framework on adoption, parental rights and responsibilities are assigned to adoptive parents. Where voluntary contact is not agreeable between the parties, it is desirable that a child receives guidance and support from his or her adoptive parents. Underneath that is the principle that the rights of the child are not absolute in this regard. They are qualified by the rights of the adoptive parents and in this case they act as protective measures and mechanisms for the child. Article 41 of the Constitution recognises and protects the family. The courts have interpreted this constitutional status as extending to an adopting family. If we have a child with an adoptive family, the views need to be ascertained and heard, with the support and guidance of the adoptive family and balanced by the responsibilities and rights of the adoptive family. Not only is that reasonable, it is the way our law already proceeds. It is also a protective mechanism for children. The amendment, while clearly well-intentioned, could lead to unintended consequences. Inserting this entitlement into the legislative framework might give rise to sensitive difficulties of an intractable nature. The area involves a delicate calibration of the rights of the various parties. That is what the legislation is attempting to do. As the Deputy knows well, no right is absolute. As an example for further reflection, if there is an amicable relationship between the adopted child and the different families, there could be contact but if there is dissension there is no framework in the amendment put forward for how it would work. Our concern is for the child. For those various reasons, I will not accept the amendment. No constitutional right is absolute. They are all balanced with other rights and given it is a child in this regard, it is balanced with the adoptive family's rights. I would certainly be happy to consider some of the further issues the Deputy identifies such as open adoption. I will get the Department to take a look at that. In respect of the amendment the Deputy has put forward, because of the reason I have given, I will not accept the amendment.

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