Illegal adoptions review advises against inquiry despite thousands of ‘suspicious’ files

A review of illegal adoptions in the State has recommended against a full-scale inquiry, despite finding that there could be thousands of suspicious instances of adoption.

The review, which is being discussed by Cabinet today, is thought to have examined around 1,500 records held by the Adoption Authority of Ireland and Tusla, finding around 260 instances where there was information or so-called “markers” which raised the suspicion or prospect that an illegal adoption may have taken place.

Based on the prevalence of so called “markers” within this sample, the review estimates that between around 5,500 and up to 20,000 files may have similar indicators within the wider archives.

It is understood that while files contain material or “markers” which raised suspicions, the review didn’t find clear evidence of illegal adoptions indicated.

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However, the review, which was completed in 2019, stops short of recommending a full-scale inquiry into the issue.

The so-called sampling review is to be published by the Government today, and Minister for Children Roderic O’Gorman briefed Cabinet colleagues on it this morning.

It is understood the review, which was commissioned by previous minister for children Katherine Zappone, examined work done by Tusla and the Adoption Authority of Ireland on adoption files they hold.

The review questions whether a more complete inquiry would be able to objectively establish whether illegal registrations took place, and there are significant concerns at Government level about the prospect of approaching individuals with incomplete or inconclusive information about their adoption, including how traumatic it would be for people concerned.

Mr O’Gorman is asking Cabinet colleagues that the issue be referred to the Special Rappoteur on Child Protection for advice on the appropriate course of action in relation to illegal birth registration for a period of six months.

Cabinet is considering the next steps to take arising from the review, and its recommendations.

Mr O’Gorman said he was aware that “significant concerns remain about the practice of illegal birth registrations” and for that reason has asked the Special Rapporteur on Child Protection to “consider the very significant complexities and challenges, including the deep ethical issues, which arise in relation to the issue of illegal birth registrations, and to propose an appropriate course of action.

“The independent reviewer is clear on the importance of an effective information and tracing service. I have committed to urgently progressing legislation in this area, and am working intensively with the Office of the Attorney General to this end. I am hoping to bring heads of Bill to Cabinet in the coming weeks.

“I have established an interdepartmental group which is currently examining issues arising for the individuals whose birth was the subject of an illegal birth registration in the St Patrick’s Guild files, including issues around inheritance, amending birth registrations, taxation, identity documents etc. which span the responsibility of a number of departments and offices. This group will report to me with proposals within a two month window, and I will continue to engage with my Cabinet colleagues on the matter.”