Seanad debates

Tuesday, 13 June 2017

Adoption (Amendment) Bill 2016: Report and Final Stages

 

2:30 pm

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I will speak to the first grouping of amendments. These amendments all relate to the post-adoption supports available to both parents and adopted children. Currently, informal arrangements are often in place between new adoptive parents and former birth parents, recognising that this is in the best interest of the child regarding contact. These arrangements do not have any legal status or security. The amendments provide an avenue for many adopted children to know more of their identity and origins and, if possible, to have information about their birth families. Having an appropriate contact plan in place would also allow for changes in circumstances where a parent was previously not able to maintain appropriate contact, but whose circumstances have since changed. The current system is that the security and rights of the adoptive parents trump the rights and responsibilities of the birth parents. However, most importantly, it is in the best interests of the child to have rights to relationship.

These amendments seek to allow some complexity in the types of positive relationships a child may have without compromising security. We must move past a drive towards a very simple narrative of the family unit, which has led to some very poor practices in the past. The central core of amendments Nos. 2, 3, 13, 14 and 24 requires the Adoption Authority of Ireland to publish best-practice guidelines around post-adoption voluntary contact plans. This is in recognition by the Adoption Authority and the State that the practice of making contact plans exists, and an attempt should be made by the State to provide clear guidelines and direction to relevant supports. It leaves it to the Adoption Authority, with its expertise, to draw up what it considers best practice. The guidelines do not compel those involved in drawing up contact plans to adhere strictly to the guidelines. Rather, it provides for efficiency for those involved in drawing up such contact plans. Given the aims of these amendments, I think it is only necessary that the recognition of voluntary contact plans should be fed into decisions made by the Adoption Authority and the High Court with regard to orders for adoption.

Amendments Nos. 4 and 5 provide that the Adoption Authority and the courts will consider the existence of or potential for any contact plan.Amendment No. 17 clarifies that the High Court in considering a decision on consent shall have regard to "the existence of, or proposals for, any contact plan". Contact plans are an important element in ensuring that adopted people are able to maintain ownership over their identity. I hope the Minister will accept them today.

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