Seanad debates

Wednesday, 19 November 2014

Adoption (Identity and Information) Bill 2014: Second Stage

 

2:45 pm

Photo of Fidelma Healy EamesFidelma Healy Eames (Fine Gael) | Oireachtas source

That was not easy but it is what strengthens this Bill and has made it a Bill that Members hope and expect the Government will take. As Senator Colm Burke noted, we have carefully constructed this Bill with the support of Dr. Fergus Ryan, who is present. We hope we have all the i's dotted and all the t's crossed. There are three parties in every adoption story, namely, the adopted child, the natural mother and the adoptive family. I stand, as part of the three who created the Bill, as an adoptive mother. We have two adopted children who now are in their early and late teens.

In the last week I was asked why I as an adoptive parent would want to open up this can of worms. This is not about me or my needs, that would be totally selfish of me. This is about the needs of the adopted person. I, personally, have what an adopted person needs, namely, access to my identity and my birth certificate. It is as basic as that. It is only fair that adopted persons are given equal access to their story. In a way, it is about access to their back-story. In our case, we adopted one child when four months old and another, internationally, at when ten months old. We have different information about each child. We met our son's birth mother and as a result we know so much more, including medical history. This Bill will provide for access to that type of information. For example, I know it would be not a good idea for my son to become a smoker because based on his family medical history smoking would not be helpful to him. In my daughter's case, because she was adopted internationally, I do not have that type of information.

We all know the importance of medical history. For example, if there is a history of cancer on the mother's side of the family, particularly breast cancer, it is important for a daughter to know that. This Bill will provide access to basic information which will assist the adopted person in feeling whole. It is a basic human need to feel whole. Access to one's identity helps heal a primal wound. It is the start of a journey towards answers to the many questions which adopted persons have. One of the most basic questions to which an adopted person needs an answer is why he or she was given up. There is a theory that all adopted persons are damaged. Providing answers around birth identity starts the journey towards healing the primal wound of abandonment. As an adoptive parent, why would I not want my adopted children to feel whole? Why would I not want them to know their story?

We have been careful in balancing this. I put the breaks on Senators Power and van Turnhout and I ensured that we had a six month period between the request for a birth certificate and provision of that birth certificate because a request could arrive at the time the adopted child is undergoing his or her leaving certificate examinations or prior to a university examination. Also, the request to the natural mother could arrive at a time when another of her children is getting married or a relative has died.

Time is critical. We have worked together to slow down the process but not for too long. I believe six months strikes a good balance. We are carefully balancing the rights of identity, which is the primary right in this regard, as it must be, with the right to privacy. However, as stated by Senator van Turnhout the right to privacy does not automatically trump the right to identity. We are carefully balancing the right to identity with the right to privacy of the natural mother. Just because a person has the right to his or her birth certificate does not mean he or she immediately get it but it will be available when he or she needs it. Equally, just because it might not be a good time in the natural mother's life to meet the adopted person does not mean she will not want to do so some time in the future. We are setting up a new life cycle whereby the needs of all can be met. We all need time. The Bill also provides that during the six month period the adopted person and natural mother would engage in an advisory session with a counsellor or social worker so that feelings are addressed and the right to privacy is discussed, which is an important safeguard.

The question of why our State should move on this issue has been raised. As the Minister, Deputy Reilly, will have heard during this debate the UK, Scotland and Wales have had similar legislation in place since the mid-1970s and the sky has not fallen in. Adopting a child can make a family whole. I know this. Adoption is a positive outcome for the many people who find themselves in crisis pregnancies. It is important any stigma attached to this area is removed. Let it be a story of joy and hope for all parties.

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