'Historic' bill gives adopted people access to birth cert – but problems remain

Minister for Children, Equality, Disability Integration and Youth Roderic O'Gorman. Picture: Leah Farrell/RollingNews.ie

The Children's Minister Roderic O'Gorman has hailed the "historic" passing of a bill to give adopted people access to their birth certs and other personal information, but the Dáil has been told that it remains "highly problematic".

The final amendments to the Birth Information and Tracing Bill 2022 were passed in the Dáil on Wednesday, with the minister saying the legislation "finally and conclusively addresses the wrongful denial of people's identity rights over many decades in this State".

What's your view on this issue?

You can tell us here

"Crucially, the new law finally overcomes decades of legal obstacles to provide a clear right for each person to full access to all of his or her information – no redactions, nothing held back. 

This bill represents a very significant part of the redress that the Irish State is making for its failure towards children and women over decades since the foundation of our State.

"I want to thank every adopted person, everyone who was subject to an illegal birth registration and everyone who was boarded out or resident in a Mother and Baby or County Home Institution, who has engaged in the process of developing this legislation. 

"I hope this law and the information that will flow from it will give each and every one of those persons the answers they have sought for such a long time.”

It is intended that the legislation will be commenced in two separate stages. In July 2022, a new contact preference register, operated by Adoption Authority of Ireland, will open for applications. This register will empower people to record their preferences in relation to contact with others and the sharing and receiving of information. 

The act provides that the contact preference register must be open for a minimum period of three months before applications for birth certificate and related birth information will be accepted.

In October 2022, information and tracing services under the legislation will open. Applications for records can be made to the Adoption Authority of Ireland and Tusla. 

A website will be available in July for persons seeking to make an application or seeking further information.

Social Democrats TD Holly Cairns said the amendments were welcome but the legislation remains "highly problematic" piece of legislation.

Social Democrat TD Holly Cairns said some issues still remain with the legislation. Picture: Damien Storan.

"I think we all wanted to get behind this bill and regrettably the major defects and injustices remain. The mandatory information session, labelled a barrier by numerous human rights experts is still in place and the bill still doesn't feature the words illegal adoption, which ignores the lived experience and wishes of many adopted people.

"Also, it doesn't provide for the widest definition of personal information to ensure relevant people will have access to all records. 

"These are some of the main issues and many others remain. There's no hope for those necessary changes now."