Katherine Zappone (Dublin South West, Independent) | Oireachtas source

Along with many others in this House, more than anything I want to progress the change of which Senator Higgins speaks as quickly as possible. Having said that, we all know how long it takes to progress fundamental and significant change and this is also true of open adoption. Such a change would be significant, notwithstanding the passionate recommendations of some of our exceptional children's organisations who are at the coalface, working with children and their families, that we move towards a more open adoption framework.

Where are we now in this country? Where a child has been adopted, that child is considered, in the context of the rights and duties of parents and children to each other, as the child of the adopter. The mother or guardian of the child and every relevant non-guardian loses all parental rights and is free from all parental duties in respect of the child. Under our legislative framework on adoption, parental rights and responsibilities are assigned to the adoptive parents. While there is only provision for closed adoption in law, which I have already referred to, the reality is that in practice, other arrangements are more prevalent in domestic adoption in Ireland. Senator Higgins has already referred to that and I have acknowledged that to be the case.

Adoption is now much more open than it was in the past. Under current practice, arrangements are often put in place for ongoing contact between birth parents, adoptive parents and their families where there is agreement by the relevant parties. The fact of me saying that adoption is now more open than in the past raises the question of what open adoption actually means. What is open adoption in France or in other countries? It differs, depending on where it is applied and how it is implemented in the context of each country's legislative framework. There is a diversity of understanding of what it actually means. Having said that, I would suggest that Ireland is more open than in the past, even in the context of a closed adoption framework.

I have also referred to the fact that the Adoption (Information and Tracing) Bill will allow for more sharing of information between both parties. However, the insertion of a provision for open adoption in a legislative framework could give rise to many difficulties of an intractable nature, given the context. We currently have a legislative framework of closed adoption. Open adoption is a complex provision which could give rise to possible constitutional issues in regard to the family. It is a fundamental change to the adoption process which can only be considered as part of a comprehensive review of adoption policy. Even though many of us may wish to move in that direction, it would be a significant policy change. It would not be possible to move us in that direction in the context of one or several amendments without investigating extensively the various reasons for a decision to move towards open adoption, what we understand that to mean and why it might be better than what we have now.

We have had these conversations in the Department but I would suggest that an appropriate way forward would be to raise this as an issue for discussion by the Oireachtas Joint Committee on Children and Youth Affairs. I would be delighted to participate in any such discussions, as would my officials. Such discussions could examine the wider issues involved, out of which a report and recommendations could be made. That would feed into what I have already said about open adoption being a significant change in policy direction in this country.