Proposed legislation granting adopted people a right of access to birth and early-life information, as well establishing a contact and tracing system, is the “first step” towards addressing a “longstanding injustice”.
This is the view of the Minister of State, and Fine Gael Galway West TD, Hildegarde Naughton, who described the legislation that was agreed at cabinet on Tuesday as “historic”. She said its impact would be felt particularly in Galway as the location of the Tuam Mother and Baby Home.
The proposed law will provide a legal right to access birth certificates and other information to adoptees and those who were the subject of an illegal birth registration, as well as others with questions regarding their identity.
The legislation will also establish a comprehensive tracing service and a statutory contact preference register to support people wishing to make contact or share information.
'Balancing rights'
The general scheme of the legislation seeks to balance rights to identity with rights to privacy in respect of parties in a fair and compassionate way. Stakeholders will now be consulted on the proposals with a view to progressing the legislation.
Among the proposals contained in the legislation is the establishment of a Contact Preference Register. This will allow individuals to state their preferences regarding contact with relatives, and indicate whether they are willing to provide information.
The legislation also provides for the safeguarding of records, proposing to make it an offence to destroy, falsify or damage relevant documents.
“Many adoptees have lived for too long with the distress and anguish of being unable to access information relating to their stories and identities,” said Minister Naughton. “The denial of this basic right is a legacy of a dark period in our social history, parts of which have been addressed and dismantled in recent years. This proposed legislation is another step in that direction.”
