Written answers

Wednesday, 26 September 2012

Department of Children and Youth Affairs

Adoption Legislation

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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To ask the Minister for Children and Youth Affairs if the Adoption Amendment Bill will address the problems experienced by adopted persons in relation to their information rights following the 1998 Supreme Court (IOT vs B) ruling; and if not, the steps she will take to secure their information and tracing rights as a matter of urgency. [40655/12]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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It is intended that the Adoption (Information and Tracing) Bill will provide for the safeguarding and maintenance of all adoption records in the State with the Adoption Authority having responsibility for ensuring that adopted persons and birth parents have access to their records in accordance with the proposed Bill. However, because all persons have a constitutional right to privacy it is envisaged that there may be some restrictions on the information that could be made available without the consent of the parties involved. However, consideration of the policy issues in relation to all aspects of the proposed Bill is ongoing. It is intended that non-identifying information could be provided to an adopted person over 18 or to a birth parent. Non-identifying information is information by which another party could not reasonably be expected to be identified and could, for example, include the forename, religion, approximate age, occupation, birth details, interests, hobbies, educational history, family history and medical history. The release of medical information would be proportionate to the objective for which it is sought by or on behalf of an adopted person or a birth parent.

It is intended to publish this Bill in 2013.

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