Seanad debates

Monday, 30 March 2015

Children and Family Relationships Bill 2015: Report and Final Stages

 

2:30 pm

Photo of Jim WalshJim Walsh (Fianna Fail) | Oireachtas source

Senator Norris referred to a "golden thread" and that is a very good term to describe the natural and biological link between a child and its actual parent. It is something which should inform the whole of this Bill but, unfortunately, the Minister has decided to go in the contrary direction and treat it as if it is totally insignificant. The points made by Senator Power are correct. We held debates in this House many years ago about children who were adopted and there was consensus on all sides. I think the Minister shares our views that every effort should be made to assist adopted children to make the link to their natural parents. I support the amendment.

I fully support the non-anonymity provisions but worry that they could lead to the unintended consequence of people preferring to go abroad. I can see all the difficulties of policing that and I know some provisions will make it more difficult on the parenting side but I ask the Minister for Justice and Equality if the law could be applied in such a way as to make it illegal for people to go abroad and accept anonymous donations, while allowing non-anonymous donations. I would like to explore this because otherwise there will be a huge disparity between those who get their donor assisted procedure here and those who go abroad but come back to give birth in this country. People are very mobile nowadays but we could have arrangements with other countries to enforce such a provision in our legislation. I suggest this purely in the interest of the child's right to access the identity of its natural parent. We touched on the subject on Committee Stage but we did not receive a satisfactory answer from the Minister.

On another point, the Institute of Obstetricians and Gynaecologists and some psychiatric groups have raised concerns that children who get information about their natural parents at 18 or above may suffer a traumatic effect and may be better getting it earlier. I do not put myself forward as an expert in this area but the arguments these people have put forward are plausible. A case has been made in this context for anonymity, which I do not support, but it is imperative we get the legislation right. I am afraid that those children who cannot access information because people have gone abroad for anonymous donations or because it is not available until the age of 18 will feel traumatised and suffer challenges from the point of view of their identity. If children are too young they will not be able to absorb the information so the best method is for parents to gradually prepare children over the years by giving them the information they can absorb at the appropriate stages. I would like to hear the Minister's comments on those points.

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