Adoptees criticise bill aimed at giving birth cert access  

Children's Minister Roderic O’Gorman intends to bring forward the Birth Information and Tracing Bill to the Dáil next week. Picture: Gareth Chaney/Collins

Adoptees have expressed serious disappointment with long-anticipated legislation aimed at giving access to birth certs and other personal information.

Publishing the bill, Children's Minister Roderic O'Gorman said that for decades in this country, adopted people have been failed in being denied clear access to their identity information.

He said the Birth Information and Tracing Bill will provide a "full and clear right of access" to birth certificates, birth and early life information for all persons who were adopted, boarded out, the subject of an illegal birth registration, or who otherwise have questions in relation to their origins.

It also establishes a comprehensive tracing service for people who want to make contact with family.

Mr O'Gorman intends to bring forward the bill to the Dáil next week in a bid to get it passed as soon as possible.

However, a number of adoptees and campaigners have already raised criticism of the bill, especially around the requirement to attend an information session if a 'no-contact preference' has been lodged by a relative.

Claire McGettrick, co-founder of Adoption Rights Alliance, described the legislation as “deeply offensive” and said it still does not provide unrestricted access to birth certs and other personal information.

'Completely unacceptable'

“The purpose of the mandatory information session is to explain the concept of privacy. It means that there’s a statute on the books that says that adoptees don’t understand the concept of privacy, that they need it explained to them, that to me is completely unacceptable,” she said.

Maree Ryan-O’Brien, founder of Aitheantas, the adoptee identity rights organisation, said adopted people fought tirelessly for the right to access the identity of their birth parents for many years and the introduction of the bill is “an important step in the right direction”.

However, she said: “We remain opposed to a mandatory information session in the event that one or both of the adoptee’s birth parents has registered a no-contact preference. It is disappointing to see that this has been included in the bill, despite it being raised repeatedly as a concern by various different groups and experts.”

Sinn Féin spokesperson on children and chair of the Oireachtas Children's Committee, Kathleen Funchion, said the bill is "totally at odds with the express wishes of adoptees and mothers".

“I am completely dismayed that the minister, once again, has failed to listen to adoptees, mothers, or their advocates," she said.

Expressing disappointment with the retention of the information session, which she described as a red line issue for those impacted, Ms Funchion said the publication of the legislation should have marked a historic moment for adoptees in the long and exhausting journey they have travelled.

“Instead, they have once again been met with another Government bill that will not deliver."

Tabling amendments

She said she would be tabling amendments when the bill comes before the Dáil.

Labour TD and member of the Oireachtas Children's Committee, Ivana Bacik, welcomed the publication of the bill, but also expressed her concerns about aspects of it.

“On my first reading, I was concerned to see the retention of the controversial information session for those seeking information about their origins," said Ms Bacik.

"Throughout our committee meetings, this was raised repeatedly as a concern by privacy experts and adopted persons alike. Thus, our committee recommended deletion of any requirement for a meeting or information session, and it is disappointing to see that some form of information provision requirement is retained in the revised bill." 

However, the Adoption Authority, which is the State’s regulator for adoption services, described the bill as a "hugely significant step in removing the stigma, silence, and secrecy surrounding adoption for so many adoptees, natural parents, and their families."

In a statement, the authority, which holds over 70,000 adoption files and records, said it would be working with the department and Tusla in the coming months to ensure it is ready to provide information and services to all those seeking original birth certificates.