Fintan Warfield (Sinn Fein) | Oireachtas source

I move amendment No. 14:

In page 11, between lines 30 and 31, to insert the following: “ “illegal adoption” means an illegal adoption, where any of the following situations occurred:

(a) where a non-marital child was registered as the natural child of the adoptive parents without the mother’s knowledge or consent and no adoption order was made;

(b) where a non-marital child was registered as the natural child of the adoptive parents and an adoption order was made;

(c) where a marital child was registered as the natural child of the adoptive parents and no adoption order was made;

(d) where a marital child was registered as the natural child of the adoptive parents and an adoption order was made;

(e) where the adoptive parents were not resident in the state at the time of the adoption;

(f) where a relinquished child over a year old was sent overseas for adoption without the consent and knowledge of the mother;

(g) where informed consent was not given, as in the case of birth mothers who were minors who signed consents without a guardian or legal advisor present, without understanding the import of severing parental rights;

(h) any adoption arranged by a private person or private body, not regarded as a “registered Adoption Agency”;

(i) any adoption arranged by a registered adoption agency or other body for the purpose of financial gain;”.

I will speak to amendments Nos. 14, 15, 18 and 21. If I have done my homework right, those are my amendments in this group. These amendments, as the Minister will know, were discussed in the Dáil. The Minister has already seen and discussed them. My amendments relate to certain adopted people who have been subjected to illegal arrangements and who have no rights under this Bill. The use of the word "incorrect" should be avoided. We try to remove that word through amendments Nos. 15 and 18. The word "illegal" would, under those amendments, replace the word "incorrect". I know Senator Higgins has spoken to that issue. The use of the word "incorrect" should be avoided. It has been long established that the State has been aware of illegal adoptions and yet this fact is not reflected in the drafting of the Bill. This was one of the core issues that came up at the committee, I believe. Many people feel the State knew of the practice of illegal adoptions and it was not incorrect bookkeeping or record taking but illegal, deliberate and calculated. That speaks to amendments Nos. 14, 15, 18 and 21.