Averil Power (Fianna Fail) | Oireachtas source

I move amendment No. 25:

In page 17, line 5, to delete "identity." and substitute the following:

"identity, but otherwise shall not include personal data that would allow the natural parent to identify the adopted person without making contact with him or her unless the adopted person has indicated in accordance with this Act that he or she does not wish to be identified to the natural parent.".

The Bill provides the adoptee with a choice between release of his or her adoption certificate and the provision of his or her contact details to the natural parent where the natural parent is seeking the information. We believe the adoptee should have a third choice, namely, whether the full adoption certificate, including the names and addresses at the time of the adoption of their adoptive parents, are to be given.

The adoptee should have a choice regarding release of his or her current contact details and whether this information should be redacted on the adoption certificate. As I explained on Second Stage, this approach is different from that taken in respect of the birth certificate as provided for in the Bill in that an adoptee would be able to access their birth certificate, including the address of the natural parents at the time of the adoption. The reason for this is that the adoptee has a clear right to his or her identity, which right can be then balanced against the privacy right of the natural parent. When it comes to natural parents seeking information about their adopted son or daughter natural parents do not have an identity right per sethat entitles them to have information about their son or daughter, whereas on the other hand the adoptee does have a right to privacy. The balance is different. It is for this reason the Bill provides, on the basis of legal advice we have received, that the adoptee may decide that he or she is not happy, not only to have his or her contact details released but to not have the adoption certificate in its entirety released. Acceptance of this amendment would ensure the adoptee has a choice in regard to what best suits his or her individual needs and sensitivities.