Josepha Madigan (Dublin Rathdown, Fine Gael)
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10. To ask the Minister for Children and Youth Affairs if choice will exist for those seeking to avail of adoption information and tracing services; if Tusla will be the sole provider; and the extra resources which will be allocated to Tusla to deal with likely increased demand for its services (details supplied). [22172/17]

Katherine Zappone (Dublin South West, Independent)
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At present, adoption information and tracing services are provided on an administrative basis by Tusla, the Adoption Authority of Ireland and by six bodies that have been accredited by the Authority under the Adoption Act 2010.

I am aware of the expertise and professionalism of the agencies currently accredited for this purpose. However, the Bill is carefully balanced to allow a statutory agency to provide sensitive personal information about a birth parent to an adopted person without consent. This provision is supported by a suite of measures to ensure that the birth parent's constitutional rights are safeguarded. From a legal perspective, I am advised that the transfer to non-statutory agencies of the information required to provide a service may not be compatible with the protection of rights that the Bill aims to provide. For this reason, Tusla will be the sole provider of adoption information and tracing services under the Bill.

I should emphasise that legislation will operate on a presumption in favour of disclosing information in so far as is legally and constitutionally possible. It provides clarity regarding the information that can be provided and the circumstances in which it can be provided. It provides that an adopted person aged 18 years or over who was adopted before the proposed legislation comes into operation, will be provided with his/her birth certificate information, as held on record, following a request to Tusla, subject to certain conditions. An adopted person may request information about his or her birth parents, the existence of birth relatives, and the adopted person's early life circumstances. They can also request their own medical information, and medical information regarding a birth relative where this is likely to be of relevance to the maintenance or management of the physical or mental health of the adopted person or his or her relative. Where this information is held on record, it can be provided to an adopted person without consent. The Bill also provides that the Adoption Authority will be responsible for collecting, restoring, preserving and the safekeeping of all adoption records.

A key concern in this Bill will be to achieve a fair and reasonable balance between the rights of adopted persons and their birth parents. I believe we can get this balance right, and I look forward to discussing the Bill further as it progresses through both Houses.