New Bill to allow adopted people see birth certs

Some 42,000 adopted people will have access to their original birth certificates at 18, according to proposed legislation agreed by the Cabinet this week.

The Adoption Bill, which the Government intends to enact next year, will also give parents who gave up children for adoption access to information about their child once the child reaches 18.

But access to additional information held in the adoption files will be limited if either party objects.

Significantly parents who give birth to children after the new legislation will have access to the adoption certificate which will contain the names of the adoptive parents. They will also be entitled to regular updates on the progress of the child.

The Minister of State for Health, Ms Mary Hanafin, said: "This is a major piece of social legislation. I am conscious of the sensitivities of a number of people involved, and anxious that drafting process will respect the rights of all parties."

Ms Hanafin said: "The new legislation would attempt to strike a balance between a person’s right to information and a person’s right to privacy."

However she conceded the area was a legal minefield and that her department would be working closely with the office of the Director of Public Prosecutions in drafting the legislation.

The proposed legislation will be extended to include some 45,000 people raised in care. At present people raised in State institutions, or whose records are held by State bodies, have access to personal information through the Freedom of Information Act.

However the process can often take a considerable period of time and be stressful for the person involved. In addition if people were moved from one institution or home to another they may have to make multiple applications.

Under the Freedom of Information system there is no provision for counselling or support often necessary given the sensitive nature of the area.

Significantly the new Bill will also for the first time cater for people raised in private institutions who are not covered by the Freedom of Information Act.

A new national adoption authority will be established to replace the Adoption Board.

Under the proposed legislation provision will be made for a National Records Index which will allow speedier access to records; a Voluntary Contact Register, to speed up contact where possible; access to counselling, where required; State-funded mediation and support for tracing and reunion; and access to the National Search Service to help with tracing.

The Natural Parents Network of Ireland today welcomed the proposed Bill but said: "natural parents should also have access to adoption files so that they can correct any inaccuracies."

The new legislation will only cover domestic adoptions and not international adoption, by far the most common form of adoption in the State.