Explainer: How historical adoptions continue to pose problems

Prof Conor O'Mahony, the special rapporteur on child protection, has been asked to make recommendations based on the Reynolds review. 

Delving into the murky way in which the 27 adoption agencies operated in this country is complex.

The recent publications of the Mother and Baby Homes Commission of Investigation report and a review of illegal birth registrations have shone a light on historical adoptions in this country, which were widespread but in many cases shady affairs.

The Reynolds review into illegal birth registrations, finally published this month, estimates that authorities hold 150,000 relevant adoption records.

Tusla holds 70,000 records from former adoption societies and mother and baby homes, the Adoption Authority of Ireland (AAI) has 30,000 similar records, and a further 50,000 files are held by a wide range of existing and former adoption agencies.

There were 27 adoption societies operating in Ireland in the 1950s and 1960s and all of them used different filing systems and had different requirements, making the task of investigating adoptions extremely complex.

Do we know what happened to all children?

The simple answer is no. The AAI said it holds around 4,000 adoption files that are incomplete and no adoption order appears to have been granted. Tusla cannot say how many of the 70,000 records it holds are complete as it has not done a full audit on the documents.

In some cases it may be that a mother simply made an initial inquiry and never followed up; the natural parents could have decided to keep their child; a relative may have chosen to rear the child; or sadly an infant may have passed away.

While explanations are provided on some of the incomplete records, in other instances the process simply stops and no indication is given as why an adoption did not proceed. But again because not all records have been properly examined, it is impossible to put a figure on this.

Given the revelations that have emerged about illegal registrations, it is understandable that campaigners and individuals may have questions and concerns about what happened to the babies and infants in these files.

Did the Reynolds review look at what happened to these children?

No. The independent review was limited to searching for likely markers on files that could indicate an illegal birth registration. It was not asked to look at any other matter associated with incomplete adoption files. Indeed, the report stated that it could not investigate allegations of Irish children being trafficked, or the significant issue of the adoption of Irish children by US couples.

What next?

Children's Minister Roderic O'Gorman has asked the special rapporteur on child protection, Professor Conor O'Mahony, to make recommendations based on the Reynolds review of illegal birth registrations.

Prof O'Mahony has already indicated that he will recommend further investigation of adoption files held by authorities and has stated that illegal adoptions were "criminal offences and human rights abuses".

He said there is an onus on the State to make every reasonable effort to establish the extent of illegal birth registration, but also cited the "challenges of scale" involved.

While linked, the issue of adoption files being opened but not completed is a slightly different matter.

It is not clear whether Prof O'Mahony will recommend further work be carried out to find out what happened in cases where the adoption files are incomplete.