Seanad debates

Wednesday, 1 April 2009

Adoption Bill 2009: Committee Stage (resumed)

 

4:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

On the face of it, Senator White's argument appears to be quite plausible. I accept the reasons for it. As they get older, many people who were adopted as children want to acquire information about their natural parents. This amendment will not prevent those who wish to retain their confidentiality from doing so. The manner in which it is structured ensures such people will not be affected. If this proposal is accepted, the court will not need to exercise discretion in cases in which the child and one of his or her natural parents — the mother, in most instances — wish to trace each other and make contact. The point being made by Senator White, as I understand it, is that if both parties agree to such a process, the court will automatically consent to it. That would make eminent sense, on the face of it. It is natural for a person to want to get to know his or her natural parents. It happens quite frequently. Perhaps our legislation should be amended so that this is not merely a question of judicial discretion. We should prescribe in legislation the circumstances in which consent is given by the judicial system.

Many adopted people have concerns about not being able to trace their natural parents. It is obvious that one cannot trace one's natural parents if one's natural mother does not want contact to be made. In such circumstances, I do not think adopted people should be unable to get information that could be of importance for them. I refer, for example, to information on genetic matters that could have consequences for their health. While we might not be there yet, it is confidently expected that DNA advances will soon give us a clear picture of the prognosis for our health. If such information can be obtained at the time of the adoption, it would make sense for it to be maintained on the adoption index and made available to the adopted person if he or she requests it at some stage in the future. I appreciate I am going beyond the point made by Senator White. I might be getting into a complex technical area. The entitlements of adopted people should be paramount in all of this. I agree with Senator White that this legislation is comprehensive and, in the main, very good. I ask the Minister of State to examine closely the amendment before the House, which would strengthen this Bill, to see if there is any reason it should not be included.

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