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

I thank Senator Higgins for her willingness to engage and agree to a substitute amendment. I am deeply appreciative of this. It is something that will enable us to achieve some shared objectives. I acknowledge the benefits of open adoptions. I support it in principle. It should be noted, however, that I believe it will need to be given full and careful consideration.

Open adoption generally means a form of adoption in which the biological and adoptive families have access to varying degrees of each other's personal information and have an option of contact. We need clarity on what is meant by open versus semi-open adoption. Are we speaking about some form of ongoing contact between all parties? Do we mean adoptions where the legal link with the birth parents is not broken? Do we mean shared parenting between birth parents and adoptive parents? These are the questions that will be integral to this work. One approach is provided for in the Adoption (Information and Tracing) Bill, which states Tusla may facilitate the implementation of an arrangement between a birth parent and an adoptive parent of an adopted child relating to the sharing of information. The Senator is aware of this, and we will be debating it here in due course. A broader approach can be one of shared parenting, where both parental parties retain parental rights in regard to the child. This would require a total restructuring of the current provisions of the Adoption Act 2010 and the total re-examination of the way in which Irish adoption is aligned with the child welfare system and the revised guardianship provisions implemented in the Children and Family Relationships Act.

Consideration must also be given to a number of relevant broader issues, such as implementation of Article 42A of the Constitution on the best interests of the child. The review would also require a full examination of a number of issues relating to its retrospective application, having regard to the legal basis of existing adoptions and the constitutional legal rights of those involved; the possible implications for intercountry adoption and the operation of arrangements with other countries; and greater consideration of sensitive situations where it may not be in the best interests of the child to be subject to an open adoption. I merely take this opportunity to identify some of these issues so the Senator will understand and is aware of the work the Department has already done on considering these issues and wanting to move forward.

I am committed to undertaking a full review of adoption policy and legislation and, I state explicitly in this context, to looking at the concept of open adoption. The proposal to undertake a review and consultation process as outlined by the Senator will be considered as part of the overall review. It is a significant project. It will need to be carefully planned and resourced. It will obviously require extensive consultation, involving a wide range of stakeholders to review the policy and legislation. I appreciate the Senator was willing to increase the timescale in her original amendment, which allows me to be able to accept it. As the Senator can hear, I am in favour already of the objective of it. I also wish to say to the Senator that while arguing her other amendments, in the context of knowing this amendment would be accepted, I appreciate her willingness to take most of them back for another day.