Adoption law addresses ‘failures of the state’, says child minister

The children’s minister has said new laws providing adopted people with their birth certificates and early life information will eventually address “state failures”.

Oderic O’Gorman published the long-awaited Birth Information and Tracing Bill on Wednesday, which he said would give adopted people and others the rights to personal information that they have been denied for too long.

Subsequent governments have failed to legislate on the issue, saying a mother’s right to privacy outweighs the rights to information such as birth and baptism certificates of adopted people.

The state, over the years, has repeatedly failed the most fundamental right of the adopted people, the right to know their origin.Children’s Minister Roderick O’Gorman

Adoptives will have priority access to such information, while birth mothers will be able to state a “no contact” preference, which will be relayed to the adopted children, if they so desire.

Mr O’Gorman said: “I want to acknowledge that this law today would not have been published without the campaign, perseverance, hard work by thousands of people, adopted by many thousands of people in Ireland.

“It was a fight he shouldn’t have been involved in in the first place.

“Because as I said, the state has, over the years, failed repeatedly, the most fundamental right of the adopted people, the right to know their origin.

“I believe this bill today represents a genuine step forward in addressing and redressing that failure of the state and ultimately to address this issue of access to information for those who are adopted. “

Minister O’Gorman was speaking at the one-year anniversary of the Commission of Inquiry into Mother and Baby Homes.

He said the legislation, which will go into phase two in the Daily next week, will provide access to information that “thousands of people have really denied for decades”.

In addition to unrestricted access to birth and baptism ceremonies, he said it would “provide information about a person’s early life circumstances, where they lived, if and when they were baptized, how much time they spent with their mother.” .

“Information about a person’s care as an infant, who cared for them as a child or children in a care arrangement, with whom they were boarded.

“Key medical information about themselves and their genetically relevant relatives, including information on hereditary medical conditions where these are present.

and any articles provided such as photographs, letters, or mementos intended for them to be in the possession of any institution or any other organization.

“These measures together represent a major step forward in how Ireland respects and reaffirms the rights of all adopted and those who have questions about their origins.”


Minister of Children, Equality, Disability, Unity and Youth Roderick O’Gorman (Julian Behl / PA)

Provisions in the bill will extend beyond adopters and also apply to those who were out of board, whose births were registered illegally, and who have “reasonable grounds to suspect that they may have been born illegally or falsely registered.” can be subordinated”.

The bill establishes a national tracing service on statutory jogging for the first time.

“This would better allow adoptees or parents whose children were adopted to leave information for each other, or indicate that they would like to be contacted,” Mr. O’Gorman said.

“This service will be used not only by persons who were adopted, taken off board or registered illegally, but also by their parents, grandparents, siblings and other extended Will also be used by family and friends.

“The new tracing service will work in conjunction with a new contact preference register, whereby adoptees and parents whose children were adopted can indicate whether they wish to be contacted, share information or don’t really want to be contacted.”

Several changes have also been made to the general plan of the bill, published eight months ago, based on feedback from the adopting community.

Mr O’Gorman said: “Following concerns about the design and focus of the information session used to communicate no contact preference, this bill now requires an in-person meeting.

Instead, a video call or a phone call will suffice to reveal a no contact preference.

“The need for the social worker to be involved in this element has also been removed. However they remain optional when requested.

“The information communicated will now have a clear recognition of the identity rights of the applicant, the adopted person and their right to access their birth certificate and birth information.

“This ensures that the focus of the meeting is not exclusively on providing contact preference.

In response to concerns raised by mothers of adoptive people about the use of the word ‘birth mother’ to describe them in the original Bill, the term has now been amended to the word ‘mother’ throughout the law.Children’s Minister Roderick O’Gorman

“In specific circumstances, the family members will be able to take advantage of this law and get information about any family member.

“This is an important development for the Bill and brings into the frame the children of deceased adopted people who have questions about the origin of their parents and, by extension, their own origins.

“The definition of early life information has been expanded to include issuing baptism certificates and providing entries in the Baptism Register.

“Several adoptees indicated to me that access to baptismal information is also of clear importance. That is why we have included it in the new draft bill.

“Finally, in response to concerns raised by mothers of adopted people, regarding the use of the word ‘birth mother’ to describe them in the original Bill, the term has now been amended to mean ‘mother’ throughout the law.” Has gone.”