Seanad debates
Wednesday, 24 September 2014
Civil Registration (Amendment) Bill 2014: Report and Final Stages
1:55 pm
Jillian van Turnhout (Independent) | Oireachtas source
Obviously, I am disappointed, but I am a realistic person who believes it is always good and positive to have consultation. Having taken the initiative to allow for consultation, the Minister of State should limit the period therefor because I do not want what is occurring to go on any longer.
I agree that we need to find a balance.
Perhaps I was not clear enough in my replies to some questions. I said in the vast majority of cases everything is good and children and parents know the situation. I am trying to address the small but significant number of cases where a parent conceals information. I have dealt with cases where, to this day, parents are actively concealing that a child is adopted. I do not refer to concealing information regarding a two year old, but rather people who are now 20 years old. The difficulty is that parents can continue to conceal this information until a child obtains his or her birth certificate. If a person does not have a birth certificate, where can he or she go to find out whether he or she is adopted? Where is the signal for people to look for that information? If one does not know one is adopted one does not know one needs to go to the Adoption Authority or the adoption registrar to check one's name.
The right to be adopted belongs clearly and firmly with the child under all international law. It is not a right for a parent to adopt a child, rather it is the right of a child to be adopted. I know we have to balance rights but this is an absolute and unequivocal right. The best interests of the child are of paramount consideration. That does not take in any way from the amazing work done by adoptive parents. I have many good friends who have adopted children and have had very positive experiences. I recently had dinner with four female friends, three of whom had experience of adoption. It is part of society today and is all around us. For me there is no stigma. The suggestion we omit information could create the potential for stigma.
Ireland has moved forward. I do not foresee that from the moment a child can talk his or her first sentence has to be, "I am adopted." Rather, I refer to the seamless process that happens naturally in most families where children are adopted. Children will often say that they do not know when they found out they were adopted. They often say they always knew they were adopted and that there were no big meetings on the eve of their 18th birthday where they were told. We need to be careful that we are not adding to the stigma. The integrity of State documents is really important and it is a question we have to ask ourselves. What would a person do if he or she had a birth certificate, as per the 2010 Act, and then found his or her adoptive mother who then provided him or her with another birth certificate? Such a person would have two identities which the State knowingly gave to him or her, and there would be nothing to indicate which certificate refers to the natural parent. The State needs to consider such issues.
I have tabled the amendment in good faith. I will not press it today because I welcome the fact we will have consultation. I welcome the future publication of the information and tracing Bill. I will put a marker down by saying if by the end of January 2015 we have not moved any further on information and tracing, I will consider introducing a Bill to deal with the issue. It is too important to wait or allow things to get lost. Every day that passes involves birth certificates being issued in this way and I do not want to add to that legacy. I understand and heard what my colleagues said but we have to ensure the best interests of the child are the paramount consideration.
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