Written answers

Tuesday, 20 January 2015

Department of Children and Youth Affairs

Illegal Adoptions

Photo of Clare DalyClare Daly (Dublin North, United Left)
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120. To ask the Minister for Children and Youth Affairs in view of the Adoption Authority's recent acknowledgement that thousands of illegal adoptions took place here, the steps he will take to have these matters investigated, and/or prosecuted criminally. [2127/15]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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The Adoption Act 1952 provided a legal basis for adoption in Ireland and for the establishment of the Adoption Board. This brought order to what had been the system of ad-hoc arrangements in lieu of formal adoption procedures up to this point. Prior to the commencement of the 1952 Adoption Act it would be inaccurate to describe these informal adoptions as illegal. However, it is recognised that many adoptions were never formalised even under the transitional arrangement available for some such informal adoptions following the commencement of the Act. Historic private arrangements operated in conditions of great secrecy and in many cases there are no written records of these events.

Post 1952, there is some evidence that such ad-hoc arrangements may have continued. It should be noted that there was no barrier to the private placement of a child until the Act of 1998, although such adoptions were required to be legally formalised. In addition, there is some evidence that such private placements may have concealed the true parentage of the child and been registered as a child born to persons with whom the child was placed. Any such registration is a breach of the Civil Registration Acts. Those affected by illegal registrations, are now unable to access personal records and information.

While my Department is not in a position to confirm the actual extent of such registrations, I am advised by the Adoption Authority that a review of the National Adoption Contact Preference Register in 2010 found that there were 100 cases and a further 20 since then, where no adoption took place. The Authority has advised me that, in the first instance, any person seeking information on adoption, or an illegal registration of a birth, should contact the Authority or the Child and Family Agency’s Community Services. They are also advised that if any person believes that their birth was illegally registered they should inform the General Registrations Office (GRO) as the body responsible for registration of births, who in turn may refer cases of illegal registrations to the Gardaí Siochana for investigation of criminal wrongdoing.

The Deputy will be aware that the proposed Terms of Reference for the Commission of Investigation into Mother and Baby Homes were announced recently and Article 1(VII) specifically requires the Commission to investigate the nature of the relationship between Mother and Baby Homes and other key institutions including children’s homes; orphanages; and adoption societies. The Commission will investigate evidence relating to patterns of referral, relationships and cooperation with other entities and intermediary organisations, and any systematic arrangements for the placement of children. I believe that this will allow the Commission sufficient scope to examine both the issue of placing such children for adoption abroad, as well as to examine situations in which the child’s parentage was concealed, either by omission or sometimes, by illegal means. If the Commission's reports reveal issues of concern which are potentially criminal in nature, these will be referred to the appropriate investigative and prosecution authorities.

My Department is continuing to work on the Heads of Bill for the Adoption (Information and Tracing) Bill and I hope to be in a position to seek Government approval to publish the Heads of Bill as soon as possible. I can say that, the issues in relation to illegal registrations are being considered as part of the drafting process.

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