Written answers

Tuesday, 9 March 2010

Department of Health and Children

Proposed Legislation

8:00 pm

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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Question 208: To ask the Minister for Health and Children her plans to bring forward amendments to the Adoption Bill 2009 regarding certain matters raised by various groups (details supplied). [11483/10]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future intercountry adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

Registration of domestic adoptions is governed by Section 22 of the Adoption Act 1952. Under that provision, an tArd Chlaraitheoir (Registrar General) is required to maintain a register of domestic adoptions (i.e. adoptions effected in Ireland, regardless of where the adopted person was born). The register is called the Adopted Children Register. An index to the register is maintained and can be searched by any person. Any person may obtain a copy of any entry in the register. The legislation also provides for an index linking the birth entry in the register of births (in the case of an Irish-born adopted person) with the entry in the Adopted Children Register. Information from this index may not be given to any person except by order of a court or the Adoption Board.

I am aware that the treatment of adopted persons in this regard differs from the rest of the population but consideration of this issue must take place in the context of the complex legal, ethical and constitutional issues arising from the need to fairly balance the rights of all parties to the adoption process. The Adoption Bill 2009, which will consolidate existing adoption legislation, does not seek to make new proposals in this regard nor does it provide for the provision of the information specified by the Deputy. The forthcoming discussions around the proposed constitutional amendment on the rights of children may provide the context within which such issues can more appropriately be considered.

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