Written answers

Tuesday, 28 March 2017

Department of Children and Youth Affairs

Adoption Legislation

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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64. To ask the Minister for Children and Youth Affairs if her attention has been drawn to the concerns raised by a group (details supplied) regarding the Adoption (Information and Tracing Bill) 2016; if she will address those concerns regarding the legislation; and if she will make a statement on the matter. [15030/17]

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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The Adoption (Information and Tracing ) Bill was published on 23rd November 2016. I have received a copy of Briefing Notes and Amendmentprepared for by the Adoption Rights Alliance in relation to the Bill. I met with the Adoption Rights Alliance on 1st February and a comprehensive discussion took place in regard to all aspects of the Bill. In particular detailed discussions took place on the Alliance's view on the measures contained in the Bill to address a balancing of the right to identity of an adopted person versus right to privacy of birth parents. These measures are core to the constitutional law that the Bill strives to address.

I wish to reiterate that my aim and policy intention is to provide a much information as constitutionally possible, as is available on record, to adopted persons. However in saying that, no matter what operational mechanism is utilised to achieve this objective, measures to balance the right to identity of an adopted person versus right to privacy of birth parents are required. Thus measures have been designed to achieve this including:

a) a mechanism by which an affected birth parent could express a preference for no contact;

b) a sufficient time period during which am extensive awareness campaign would be conducted to ensure the said birth parents are made aware of the mechanism;

c) the provision to notify birth parents of receipt of application from adopted person for birth certificate information;

d) an ability for that birth parent to make representations regarding the release of information - both to the Agency and to the Court;

e) an undertaking by the adopted person undertaking not to make contact with the birth parent;

f) counselling and advisory services would be made available to all throughout the process while at the same time allowing the State to provide adopted persons with the maximum of personal information, if on record.

I have asked my officials to take account of the issues raised by the Adoption Rights Alliance in their on going deliberations on the finalisation of the legislation.

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