Seanad debates

Wednesday, 19 November 2014

Adoption (Identity and Information) Bill 2014: Second Stage

 

2:45 pm

Photo of Marie MoloneyMarie Moloney (Labour) | Oireachtas source

I welcome the Minister to the House. I thank Senators Power, van Turnhout and Healy Eames for drafting this legislation, as well as the distinguished guests in the Visitors Gallery who also were involved in this regard. I support this Bill and I am absolutely delighted that Senator Power has been involved because Members are listening to someone who knows what she is talking about. She has been through this, understands it and has lived it. From previous debates, Senator Power will be aware that I also have experience in this regard in that my father was adopted, albeit that he knew his birth name as the people who adopted him allowed him to keep his name. He was an older child when he was adopted and was not adopted as a baby. In those days, when people had children outside of marriage, sometimes one or two, some were kept in the family home and others were placed in an orphanage, as was the case with my father. His sister was kept within the family circle and he was put into an orphanage and adopted by someone else. Consequently, I know about the void of not knowing one's past, albeit it was my grandparents who I did not know. Senator Power has a closer experience than that but when doing our family tree at school or simple things like that, we had no idea and could only go up one side of the tree. My father, who would be in his 80s today had he lived, died as a young man and he never spoke to us about it. He did not seem to want to so do and by the time we reached the age at which we could discuss it with him, unfortunately he was gone. Therefore, while we knew the identity of one of the grandparents, we do not know who our grandfather was. We could be living in a community in which we have an aunt, an uncle or a first cousin but we do not know the relationship. We do not know whether in the future, children will meet one other or get into a relationship and, consequently, I am delighted that this legislation is being brought forward.

This Bill is long overdue and, if implemented, would have the potential to improve greatly the situation both of adoptees and the birth parents of adoptees. The United Nations Convention on the Rights of the Child states expressly that every child has the right to preserve and know his or her identity. Surely, part of everyone's identity is knowing basic information about one's birth parents and who is one's natural family. For far too long, the State has stood in the way of adoptees finding out basic information about themselves. Adoptees must fight hard to find out who the biological parents are and their natural family's medical histories. There are several thousand adoptees living in Ireland today, none of whom has an automatic right to their birth certificates, their original names, their parents' names or their family's medical history. In pursuing such a restrictive policy towards those who have been adopted, I believe the State has created obstacles for adoptees finding out about their past and being able to establish their identities. The position facing the birth parents of adoptees is not much better. At present, there is no formal process for biological parents to access information about their adopted children. Major challenges face the natural parents of adoptees when it comes to finding out any information about their adopted sons and daughters. There are issues in respect of finding the adoption certificate and the new names of their natural children.

The Senators have drafted this legislation carefully to give a balance to the birth parents and the adopted child's rights, albeit they will be adults when they seek information. However, I acknowledge the Senators have drafted this measure carefully and have tried to protect everyone's interests. One of the most important measures in this Bill will ensure that all adoption records currently in the hands of adoption agencies, religious orders or mother and baby homes will be delivered to the Adoption Authority of Ireland.

Whenever Members speak in debates, no matter what the subject, they always appear to refer to their nearest neighbours across the water in England, Scotland or wherever and to what they have done. Today, I note that Scotland introduced a similar measure in 1930 and that in 1976, people in England were given the right to access their birth certificates. Consequently, I believe this measure is long overdue here and it is time to introduce it. I hope the Minister will progress this Bill as quickly as possible through both Houses and will bring it to a conclusion, as well perhaps as bringing closure to many adopted people. There are rights for everyone, including the birth parents and, in particular, I presume, the mothers. This is because in many cases the birth certificates will have only the name of the birth mother, as many of them do not have the name of the birth father. These parents have the right not to give out their whereabouts if they see fit not to so do. However, as can be seen from watching a television programme involving such long-lost families, I am pretty sure that in most cases it would pull at one's heartstrings to see people being united. Even if there were reasons the mother or father had to give up the child, it is all forgotten in such meetings and it is a wonderful experience that is great to watch. I thank the Acting Chairman and I am sure Members will have further opportunities to speak on this Bill. I say well done to the Senators concerned.

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