Seanad debates
Thursday, 20 May 2004
Adoptive Leave Bill 2004: Second Stage.
11:00 am
Mary O'Rourke (Fianna Fail)
I did not know that; I was a teacher, but that is beside the point. I always thought that while the maternity leave provisions were excellent they discriminated against adoptive parents. Childbirth is a natural process. Fortunately, very few women have difficulty with childbirth. In cases where they do, they are helped medically. In the context of maternity leave, helping a mother to recover was never the point. The point of it was to allow the mother and child time together to bond, to use the modern word, to get to know and love one another and to allow them to go through that very happy process untrammelled by the duties of paid work outside the home. I thought it was a very good idea. However, it led me to realise, because I went through an adoption process myself, although there was no maternity leave then so it would have made no difference, that an adoptive mother also needs time to bond and get to know and to love her new child. This is, therefore, a very common-sense and practical approach which I strongly welcome.
I also welcome the change regarding the four weeks a woman had to take before the birth, which the Minister for Justice, Equality and Law Reform, Deputy McDowell, mentioned. It was all very well, but it led to doctors and mothers telling white lies about when the child was expected. In the natural process of pregnancy and birth a woman could be out and about until a day or two before giving birth. Laying up and putting up one's feet was the old fashioned way and does not hold any more.
I highly commend the Adoptive Leave Bill 2004. I also commend the idea of providing classes. Unmarried women are having babies and keeping them, which is good. Inter-country adoptions are very much on the cards now. Again, classes are being provided to familiarise people with the culture and mores of the country where the adopted child was born. The Minister of State at the Department of Health and Children, Deputy Brian Lenihan, has received more than 300 submissions in the consultative process in which he is engaged. The Minister for Justice, Equality and Law Reform, Deputy McDowell, referred to this in his speech in the context of bringing the adoption law up to date and amending the legislation. It is a major process and not one to be entered into lightly given the sensitivities, proprietorial feelings etc. that must be taken into account. There are issues that may arise later in life for the adopted child when he or she reaches adulthood. Similar issues will arise for the natural mother and the adoptive parents. These are not issues which are easily addressed and I commend the care that has been taken in dealing with them. The intention to reform the relevant legislation was announced some years ago, but it is better to adopt the maxim festina lente in this matter and take the time to hear a variety of views. That more than 300 submissions were received is significant and illustrates the amount of interest there is in the issue.
Senators Kett and Walsh have long experience in the field of justice, equality and law reform, whereas I speak from a more personal viewpoint on the matter. My experience was many years ago when there was no legislation of any kind. Were it not for what Senator Kett told us I would not have known the Civil Service had maternity leave then. I doubt it. I have never heard that it had.
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