Adoption bill’s privacy provisions to be revised

A controversial provision requiring adopted people to sign an “undertaking” to not contact their birth parents in order to receive their birth information has been removed from the Government’s planned information and tracing legislation.

Children’s Minister Katherine Zappone confirmed Government approval to draft amendments to revise the privacy provisions in the long-promised legislation.

Under the bill up to now, adopted people would be entitled to their birth information only if they sign a formal undertaking that they “will not contact, or attempt to contact, the birth mother, birth father, or relevant guardian concerned”.

The revised legislation will replace the current provisions, including the undertaking, and will provide for contact with all birth parents to ascertain whether they have any objection to the birth information being released.

Where the parent does not consent to the release of the information, both parties will make their case before the Adoption Authority of Ireland (AAI).

The AAI will make a determination in the case, against a range of criteria by reference to Supreme Court jurisprudence. There will be an appeal from the decision to the Circuit Court.

The revised scheme means that the requirement for signing an undertaking is removed and the applicant and the birth parent have an equal chance to make their case about the release of information.

Claire McGettrick of the Adoption Rights Alliance said that while the removal of the undertaking is welcome, the revised scheme stipulates that “all birth parents” should be contacted to ascertain if they have any objection to the release of information.

“This measure is completely unnecessary in the context of the release of an adopted person’s personal information and it discriminates against adopted people simply because they are adopted,” she said.

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