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AdoptionIreland and sister organisations, such as Adoption Loss and Justice for Magdalenes, frequently issues press releases on topics relating to adoption. Check the link at left for the latest press releases. |
AdoptionIreland Calls for Ban on Foreign Adoptions Until Hague Ratified
In light of revelations in today's Irish Independent regarding My Linh Soland, a facilitator who was until recently employed by the Adoption Board to arrange adoptions from Vietnam to Ireland, AdoptionIreland: The Adopted People's Association has called for a ban on all foreign adoptions until Ireland has ratified the Hague Convention for the Protection of Children in Intercountry Adoption.
The organisation, which represents adopted people, is critical of the delay in implementing The Hague Convention. "It was intended that The Hague Convention be ratified last autumn, then it was moved back to this spring, but we are still waiting for it to happen," said Claire McGettrick, Post Adoption Support Worker with AdoptionIreland.
AdoptionIreland says the Vietnam situation has worrying parallels with the Tristan Dowse case. "The fact that Tristan's illegal adoption was rubber-stamped by the Adoption Board was bad enough, but it is disturbing to see that nothing has been learned from what happened. The Adoption Board is giving its seal of approval to foreign adoptions claimed by Vietnam to be legal, when it is obvious that this may not
be the case," said Claire McGettrick,.
AdoptionIreland has also called for an independent investigation into the 150 Vietnamese adoptions under My Linh Soland to determine if they are both ethical and legal. The organisation says it is essential that the natural families of all 150 children be traced immediately. "If there are children adopted from Vietnam in Ireland today whose histories have been forged, it is imperative that their natural families are located without delay," said Enda Pyne, genealogist and Search and Reunion Officer with AdoptionIreland. "Apart from the fact that with time, people are harder to find, it is crucial that the correct information is made available to these children so that they
may reunite with their natural families if they wish to do so in the future," she added.
My Linh Soland's appointment as mediator and in particular, the Adoption Board's publishing of her guidelines, including demands for payment in small denomination cash notes, has been raised in the past with the Board's executive by AdoptionIreland representatives in unrelated meetings.
The organisation has reiterated its concerns about the absence of an adopted person and natural parent on the Adoption Board. "Adoptive parents have always been represented on the Board, but to ensure complete transparency, fairness and to guarantee the best interests of children available for adoption, an adopted person and a natural parent should be appointed to the Adoption Board," said Claire
McGettrick.
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AdoptionIreland Pleased with High Court Decision
AdoptionIreland: The Adopted People's Association has said it is
pleased with the outcome of today's High Court proceedings against Joe
and Lala Dowse regarding their abandonment of their Indonesian adopted
son Erwin, who they renamed Tristan Dowse. The organisation was
highly critical that the matter had to be brought before the High
Court in order to ensure that the Dowses fulfilled their parental
responsibilities.
"Joe and Lala Dowse behaved in a most cruel and irresponsible manner
with regard to Erwin and although money cannot reverse the deep hurt
he has endured, we hope that the funds will afford him and his mother
a comfortable and stable home and a sustainable education," said
Claire McGettrick, Post Adoption Support Worker with AdoptionIreland.
AdoptionIreland members were delighted earlier this year to have
witnessed the reunion of Erwin with his natural mother, Suryani and to
subsequently hear the news that the Indonesian authorities awarded
full custody of Erwin to Suryani.
"As Suryani was separated from Erwin mainly for financial reasons,
thinking he would be better cared for by a western couple, it seems
fitting that she will now have some small contribution to his upkeep
from the people who allegedly could not bond with her son," said Ms.
McGettrick.
AdoptionIreland has always maintained that it is imperative that
Suryani and Erwin receive all the support they need to assist them in
re-building their family. AdoptionIreland representatives met with
Minister for Children, Brian Lenihan last year to discuss a child
sponsorship programme for Erwin but they are unaware whether a
decision was taken to put such a scheme in place.
Erwin's story exposed the corruption in adoption that exists in
Indonesia and AdoptionIreland members say that corruption is happening
all over the world. "Only in the past couple of weeks we learned of
an illegal adoption network which has been exposed in Russia involving
thousands of dollars being paid for children who were being illegally
adopted. We must now ask serious questions about the concept of
intercountry adoption for the future," said AdoptionIreland
Chairperson Anton Sweeney.
AdoptionIreland reiterates its call on the Adoption Board to cease the
issue of any new certificates of suitability to adopt until the 1993
Hague Convention for the Protection of Children in Intercountry
Adoption is ratified in Ireland and in all countries with which the
Department of Health and Children operates unproven bi-lateral
adoption agreements.
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AdoptionIreland Calls for Serious Change in Intercountry Adoption Following Tristan Documentary
Over a year since AdoptionIreland: The Adopted People's Association learned of the plight of Tristan Dowse, members are delighted to have witnessed the reunion of Tristan with his natural mother, Suryani, last night, on the RTÉ programme "The Search for Tristan's Mum". The organisation is also extremely happy and relieved to hear the news this afternoon that the Indonesian authorities have awarded full custody of Tristan to Suryani.
AdoptionIreland believes that it is imperative that Suryani and Tristan receive all the support they need to assist them in re-building their family. It has sought a meeting with Minister for Children, Brian Lenihan to discuss a child sponsorship programme for Tristan. "It is important that we don't forget about Tristan and Suryani's emotional welfare," says AdoptionIreland Co-ordinator Karen Grattan. "Both of them should be offered therapy during and after this very significant time in their lives. Tristan needs to readjust and
recover from the trauma he has suffered so they can re-build their family in a healthy way."
The documentary exposed the corruption in adoption that exists in Indonesia and AdoptionIreland fears that this is only the tip of the iceberg. "Corruption is not isolated to Indonesia. We have seen media reports from all over the world about corruption in international adoption. This documentary gave us indisputable
evidence of the existence of this corruption and we must now ask ourselves serious questions about how we proceed with the concept of intercountry adoption in the future," said AdoptionIreland Chairperson Anton Sweeney.
"For example, when Romania put a ban on intercountry adoption because of corruption, the level of "abandoned" infants fell dramatically. And only this week we received the tragic news of the murder of the
lawyer, Harold Rafael Perez Gallardo, of Casa Alianza, an organisation that fights adoption corruption in Guatemala. We can't but stop and think about what we are doing," he added.
AdoptionIreland therefore calls on the Adoption Board to cease the issue of any new certificates of suitability to adopt until the Hague Convention for the Protection of Children in Intercountry Adoption is
ratified later this year.
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rte Praised for Reuniting Tristan with His Mother
AdoptionIreland: The Adopted People's Association has said it is delighted to hear that Tristan Dowse has been reunited with his natural mother, Suryani.
The organisation has praised RTÉ for resourcing the documentary that has reunited Tristan with his mother through the journalist Ann McElhinney, saying that the broadcaster has done a great public service. It says however, that questions must be asked as to how a journalist was able to travel to Indonesia and locate Suryani, yet the Irish government either couldn't or wouldn't do so.
"Given how the Irish government has failed Tristan thus far, in that nothing was done before his story was exposed in the media, the very least they could do now is put a child sponsorship program in place so
that this family can stay together." Said AdoptionIreland's Chairperson Anton Sweeney. "If Suryani wants to raise Tristan then poverty should not stand in her way" he added.
For further updates on Tristan's story visit www.adoptionireland.com.
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Adoption Information Decision Condemned
AdoptionIreland: The Adopted People's Association today condemned the High Court judgement which reversed the Information Commissioner's decision to release edited and non-identifying information to an adopted person about their origins, from over 40 years ago. They have also offered to act as mediators between the adopted person and natural mother.
The Information Commissioner had argued that the information was non-identifying and that disclosure could be made in the public interest. However, in overturning that decision, the High Court found that the decision made to release the records had been procedurally unfair and that releasing such records could create a fear among pregnant women about confiding in health boards, which could put the life of a baby at risk. In addition, the South Western Health Board "felt honour bound" to keep faith with assurances of confidentiality which it made years ago. The woman who had placed the now-adult child had fears of unwanted contact.
AdoptionIreland regards the High Court judgement as seriously flawed. Firstly, there is already legal precedent from the Irish High Court that a person has the right to know their origins1. In addition, on the aspect of privacy, the European Court of Human Rights has already ruled that a person's right to a private and family life is infringed by withholding information on their origins 2. Also, as all legal adoptions must, by law, be matters of public record, the Health Board was never in a position to offer any guarantees of confidentiality.
Secondly, access to information does not in any way imply a right to contact. Assuming that contact will be made against another person's wishes is, in effect, judging that person to be guilty of the crime of harassment before they have committed any crime.
Thirdly, in expressing concern about the possible risk to an unborn baby, the High Court has shown how out of touch it is both with modern adoption practices and crisis pregnancy intervention (there are less than 100 domestic adoptions per year and the vast majority of these are "open" adoptions), and a stark disregard for the well-being of adopted people and their offspring, who are denied their medical information.
Lastly, in the light of the recent launch by the Adoption Authority of the National Adoption Contact Preference Register, which allows preferences for levels of contact and also for information exchange
without contact — a development hugely welcomed by all concerned with adoption, from whatever side of the "triangle" they are on — the Court is shown to be extremely retrograde and old-fashioned in its thinking.
AdoptionIreland is urging the adopted person and natural mother involved in this case to make use of the National Adoption Contact Preference Register, which will allow for medical and other background information to be exchanged, without contact if that is desired. They are also offering to act as mediators for both parties.
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1 I.O'T and B vs. Fr. Gerry Doyle and RGAS, Supreme Court
2 Gaskin vs. Liverpool City Council, European Court of Human Rights
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AdoptionIreland Calls For Hague Guidelines To Be Upheld In Tristan Case
AdoptionIreland: The Adopted People's Association is concerned that efforts to have Tristan Dowse readopted, however well meaning, are not in his best interests. The organisation emphasises that the guiding principles for adoption are contained in the Hague Convention for the
Protection of Children in Intercountry Adoption, which Ireland is to ratify later this year.
The Hague Convention states that "appropriate measures must be taken to enable the child to remain in the care of his or her family of origin" and that all possible alternatives must be explored before a child is removed from his/her country of origin. Intercountry adoption is far too often seen as a seemingly ideal and immediate solution to poverty. However, the implications for the children are far reaching and do little to address the real problems faced by the so-called "sending countries".
In Tristan's case, this means his natural mother must be found so that her views can be ascertained. It is as yet unknown why Tristan's mother had to give him up for adoption. If poverty is one of the deciding factors, then this is not a valid reason to prevent Tristan from being raised in his natural family. AdoptionIreland have already called on the Irish Adoption Authority to set up a child sponsorship programme for Tristan.
[For more information on Tristan Dowse's case, visit our Intercountry adoption info and News sections]
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AdoptionIreland Welcomes Contact Register
AdoptionIreland: the Adopted People's Association today welcomed the launch of the country's first post-adoption State service, the National Adoption Contact Preference Register (NACPR).
"We are delighted that the Adoption Board has set up this service, which will allow adopted adults and their natural family to easily contact each other if they so wish. We're especially pleased that the
Register was designed with real input and consultation all the way along from the people who'll be using it, adopted people," said AdoptionIreland chairperson Anton Sweeney, who was one of the members of an advisory group set up by the Adoption Board to oversee plans for the Register.
The Register's launch this morning will be followed in early April with a leaflet drop to every household in the country and an advertising campaign in newspapers and on radio. Adopted people over the age of 18 and their natural parents and family can register their preferred method and level of contact, which will be facilitated by the Adoption Board. It will also be possible to register a wish not to be contacted.
However, AdoptionIreland, who themselves have been operating a Contact Register for six years, are looking for more than just a State-run Register. "While it's great to finally see a properly funded and advertised Register being launched, it won't help those who were never told they were adopted. We still need the promised Information and Tracing Service to help their natural families to make contact. But more importantly, while the issue of post-adoption services is now being addressed, we cannot ignore the twin issue of post-adoption rights," said Mr Sweeney.
"The Minister, Brian Lenihan, TD, has promised legislation later this year which will finally see adopted people and natural parents appointed to the new Adoption Authority, alongside adoptive parents, who've been there from since 1952," said Mr Sweeney. "But we still lack the right to walk in and get our Birth Certificate just like any other Irish citizen," he said. "And we still don't have access to our adoption files, meaning we lack often vital medical information and a basic knowledge of where we came from."
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Adopted People Still Waiting for Service and Legislation Reform
Following comments made by Adoption Board staff in an Irish Independent article of 28th June 2004, AdoptionIreland: The Adopted People's Association, the representative group for adopted people with an Irish connection, has expressed its concern over some of the views stated within the article and the undue focus on negative scenarios.
"While we unreservedly welcome the long overdue establishment of an accountable Adoption Authority to replace the secretive Adoption Board and also recognise the good intentions of a fledgling tracing service, it is neither helpful nor encouraging to refer to adopted people's search for their identities in terms of door stopping and disrupting lives," says Claire McGettrick, AdoptionIreland's PRO.
Ms. McGettrick added that most adopted people grappled with a myriad of emotions before embarking on a search for their natural family members and were hugely sensitive to the impact their request for information or contact could bring to their natural parents in particular. However, amongst the adopted people's community it is often felt that little regard is given to the feelings of adopted adults or their own children when all requests for information are denied.
Ms. McGettrick also mentioned that the AdoptionIreland Tracing Guide (available at www.adoptionireland.com) encouraged all adopted people to approach their searches with discretion and sensitivity. The recommended method of making first contact, which is also reinforced in AdoptionIreland's online peer support group, is for adopted people to write a discreet letter to the relevant natural family member. AdoptionIreland recently celebrated the 5th anniversary of the operation of its Adoption Contact Register, which, along with AdoptionIreland's Tracing Guide has facilitated hundreds of reunions to date.
AdoptionIreland's Campaigns Manager, Susan Lohan expressed scepticism over the article's assertion that an adopted person had no legal right to their birth certificate, as all birth certificates are a matter of public record. "There is no statute which expressly prohibits adopted people from accessing these records and by using the AdoptionIreland Tracing Guide many adopted people will in fact locate their birth certificates after a few days' research," she said. "It is more accurate to state that practice and procedure on the part of the Adoption Board and the equally secretive adoption agencies have been responsible for the suppression of birth certificates. The notion that a natural mother's permission must be sought before an adopted person's birth certificate can be released is an erroneous one and once again we are unaware of any statute which makes this requirement."
Ms. McGettrick agreed that adopted people should contact their agencies in the first instance and AdoptionIreland have published a list of questions it recommends that all adopted people should put to their agency. "Apart from the obvious questions regarding a mother's age or place of birth, answers to questions on siblings or grandparents are also vital for an adopted person's identity formation, as well as helping them further their trace." However Ms. McGettrick strongly disagreed that all agencies are "clued in" on tracing. "For example, in cases of illegal adoptions, some agencies have a vested interest in discouraging or even obstructing traces." Ms. McGettrick added that the continued high level of complaints regarding certain agencies belied the assertion that adoption agencies were universally positive and supportive. "We have received many serious complaints which range from people experiencing five year waiting lists to outright refusal to make contact with the person. Some agencies even refuse to disclose the location of a natural parent's grave, thus prolonging an already fraught grieving process."
AdoptionIreland also refutes the Adoption Board's claim regarding the existence of open adoption. At present so called open adoptions are loosely defined and are solely dependant on the continued co-operation of adoptive and natural parents. The current outmoded legislation severs all relationships between the adopted person and their natural family; yet, the adopted person's interests are never represented in this draconian process.
Ms. Lohan said that the forthcoming legislation referred to by Adoption Board staff is part of a protracted consultation process with the Department of Health and Children, which first commenced in 1999. "The outcome of last October's much vaunted consultation process on adoption law reform is long overdue, Minister Brian Lenihan has a duty of care to ensure its speedy conclusion, considering post adoption services were first promised in 1996."
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AdoptionIreland calls for immediate ratification of the Hague Convention
AdoptionIreland: The Adopted People's Association is calling for the immediate ratification of the Hague Convention on the Protection of Children in Inter-Country Adoption.
Legislation has been drawn up to ratify the Hague Convention, pending the outcome of the recent Adoption Legislation Consultation. However, AdoptionIreland says it is extremely concerned, regarding a recent newspaper report stating that the adoption authorities in Belarus say that prospective Irish adoptive parents are "picky" and the Department of Health and Children's announcement of the finalisation of a bilateral agreement with Vietnam. AdoptionIreland, which is the representative organisation of adopted people with an Irish connection, states that Ireland cannot further delay the ratification of Hague if the best interests of the children involved are to be served.
AdoptionIreland PRO, Claire McGettrick says: "Romania has set an excellent example by banning inter-country adoption. Ireland has an obligation to prove that it is serious about ensuring that children are properly protected from exploitation by abolishing all bilateral agreements and ratifying The Hague Convention."
The Department of Health says the agreement with Vietnam has been drawn up in the spirit of the Hague Convention. Claire McGettrick says, "Anybody who genuinely has the best interests of the child at heart will not object to the ratification of The Hague Convention, so it should not have to wait until the Adoption Legislation Consultation is completed. Children's rights are not protected by signing agreements that are not ratified into law, are easily broken and merely aspire to live up to Hague. The corruption exposed in Romania highlights the importance of the need for the highest possible protections."
Mari Steed, AdoptionIreland's US Co-ordinator, has lived through the experience of Inter-Country adoption. Ms. Steed, who has been happily reunited with her natural mother, says, "I was one of the 2,000 exported from Ireland for adoption and I cannot tell you what the loss of my country of birth has meant to me growing up. I was raised by an Irish-American family and it was a wonderful life, but it's hardly the same as growing up in Ireland under my mother's care."
"The notion that Inter-Country adoption is a completely humanitarian act is a myth" says Claire McGettrick, "We are sympathetic to people who find themselves infertile, but we are extremely concerned that Ireland has forgotten that adoption is supposed to be there to help children, not childless couples. The Irish foster care system is in a huge crisis at the moment and there are children who genuinely need homes, so why are so many couples seeking to adopt from abroad?"
AdoptionIreland wishes to extinguish any fears that children will be left homeless resulting from a possible decrease in inter-country adoptions. Mari Steed says "We have members living in Romania who have witnessed first hand the corruption in inter-country adoption. The portrayal of thousands of children languishing in orphanages does not depict reality. Most children in "orphanages" are not orphans, nor are they abandoned, they have parents who want to raise them but poverty prevents them from doing so. Adoption should not be offered as a solution to socio-economic problems."
AdoptionIreland says that by immediately ratifying the Hague Convention on the Protection of Children in Inter-Country Adoption, Ireland will send out a clear message that it does not want to play any part in the exploitation of children.
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AdoptionIreland: The Adopted People's Association appalled at Vaccine Trials decision
Adopted people's representative group, AdoptionIreland: The Adopted People's Association is appalled at Justice Ó Caoimh's decision regarding the use of children in vaccine trials in State institutions. The group is demanding an explanation as to why its offer of assistance to the Tribunal's legal team in this case was ignored.
"During the time the vaccine trials took place, thousands of mothers and children were permanently separated, due to a society which did little to support those who found themselves pregnant outside of marriage. This abuse has never been recognised and even now, the obvious horrific abuse of using these children as guinea pigs is being questioned by the system that is supposed to protect the survivors of such atrocities, purely because the Government's definition of the word abuse doesn't fit." said AdoptionIreland Chairperson, Anton Sweeney.
AdoptionIreland says it is disillusioned that on the one hand the Irish Government is trying to get to the truth about child abuse and on the other, the legal system is protecting the perpetrators.
Mari Steed, who is AdoptionIreland's US Co-Ordinator, one of the 2,000+ sent to the US for adoption and who, as a baby, was a guinea pig in the vaccine trials, says that Justice Ó Caoimh's decision does not surprise her: "It just provides further evidence of the callous disregard for women and children that existed in Ireland at the time, and apparently still continues today." She wonders about the motivations of the various adoption agencies who allowed the trials to be conducted: "Surely their compensation was not simply seeing the results published in medical journals."
"We informed the Child Abuse Commission of the fact that we had members who
were used as guinea pigs involved in vaccine trials, who were willing to testify but we have yet to even receive as much as a call back from the Commission." said Anton Sweeney.
AdoptionIreland is calling on the Irish Government to launch a new investigation into the vaccine trials, one free of the semantics or easily misconstrued language of the original Commission's mandate.
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Romania passes law banning foreign adoptions
By Antonia Oprita (Reuters)
BUCHAREST (Reuters) — Romania passed a law banning foreign adoption
Tuesday, a move expected to quell European Union concerns over corrupt bidding for babies but to anger the United States and other Western
countries.
The law, aiming to end a practice condemned by the EU, was passed 15 years after the collapse of communism in the Balkan state sent foreigners rushing to adopt from derelict orphanages crammed with 100,000 abandoned children.
"This law shows that our children are not for sale, that they are better off in Romania," Florin Iordache, an MP from the ruling Social Democrat party (PSD), told Reuters.
The law cements a moratorium placed on foreign adoptions in 2001 after pressure from the EU, which Romania hopes to join in 2007.
It stipulates that children can be adopted abroad only by their grandparents and only after every attempt has been made to keep them with their immediate family or place them with another Romanian family.
Although the days of Stalinist dictator Nicolae Ceausescu's ban on contraception and abortion -- which swelled the numbers in Romanian orphanages -- are over, about 40,000 children remain in a state-care system which the EU said used to hand babies to the highest bidder.
Tuesday's decision to prevent them being adopted by foreign couples angered the United States.
"Both the embassy and Washington are disappointed by this decision," the U.S. embassy told Reuters in a statement. "The views of the U.S. government on the adoptions issue are well known."
The United States and many couples in other Western countries had criticized the moratorium on adoption, saying too many unwanted babies were growing up in institutions while a foreign family could be found for them.
About two dozen members of the U.S. Congress wrote to the Romanian parliament in April, and several American families who have adopted Romanian babies traveled to Bucharest last month to press authorities to allow foreign adoptions.
Emma Nicholson, a children's rights campaigner and the European Parliament's special reporter for Romania, has lobbied to stop foreign adoptions from Romania because of fears that babies were ending up in the human organ trade or in the hands of pedophiles.
06/15/04 09:32 ET
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Romania to ban foreign adoptions
ROMANIA: Romania said yesterday it would pass a new law next week that
effectively bans foreigners from adopting Romanian babies; the law comes 20
days later than planned, because lawmakers were busy with municipal elections.
The Balkan state, which hopes to join the European Union in 2007, has already imposed a three-year moratorium on foreign adoptions, after the EU told Bucharest it must clean up a corrupt system of selling children to the highest bidder.
Parliament had said it would pass the new adoption law by May 21st, but
deputies were busy campaigning for party-backed candidates in June 6th
municipal elections.
"Adoptions have not been our top priority," said ruling Social Democrat deputy Florin Iordache from the Lower Chamber of Deputies.
Parliament will officially recess tomorrow and resume sessions next Tuesday,
after Sunday's polls, seen as a key test ahead of November 28th general
elections.
The new adoption law, which has cleared the Senate and is now before the
lower house, says foreigners can adopt a Romanian child only if they are its
grandparents, which will effectively mean no Romanian children can be
adopted abroad.
Additional Reporting : Reuters
© The Irish Times
AdoptionIreland reaction: AdoptionIreland: The Adopted People's Association warmly welcomes this news. It has long been recognised internationally that Romania's adoption system was deeply flawed and corrupt. Adoption must only take place where it is in the child's best interests. Foreign adoption, according to various international treaties and the Hague Convention must only take place where every effort to keep the child in his/her country of origin has failed. Yet what was happening in Romania was nothing less than an international baby trade, where baby brokers made huge profits — even during the so-called moratorium on foreign adoptions.
We take this opportunity to again call on the Irish Government to ratify the Hague Convention on the Protection of Children in Inter-Country Adoption.
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IRISH ADOPTION CONTACT REGISTER REACHES 5,000 REGISTRATIONS ON 5TH ANNIVERSARY
Dublin, 10th May 2004
AdoptionIreland: The Adopted People's Association is celebrating the 5th anniversary of the launch of the Irish Adoption Contact Register on 11th May. The Contact Register was set up by AdoptionIreland because of the State's failure to introduce adequate statutory post-adoption services for Irish adopted people and their natural families.
Thankfully the situation is starting to improve and the future is not so bleak for adopted people in Ireland. AdoptionIreland is participating in the ongoing Adoption Legislation Consultation with the Department of Health and Children and is eagerly awaiting the resulting legislation. AdoptionIreland is also in constant communication with the Adoption Board, assisting it to improve its services, including the introduction of its own Contact Preference Register.
The Irish Adoption Contact Register has had enormous success since its launch in 1999. "We have received almost 5,000 registrations to date and this figure is climbing steadily every day" said AdoptionIreland Chairperson, Anton Sweeney. "Due to our limited budget, the Contact Register is mostly Internet based but we do accept postal registrations. We are eagerly awaiting the introduction of the Adoption Board's Contact Preference Register which will have huge publicity, taking in the older generations of adopted people and natural parents who may not be aware of our Contact Register" he added.
Formed in 1990, AdoptionIreland has assisted thousands of Irish adopted people and hundreds of families have been reunited because of the invaluable advice that comes from the group. Things are improving for adopted people but that is not to suggest that AdoptionIreland's workload is getting any smaller. The AdoptionIreland committee, consisting of nine members, works constantly in the background answering online and phone queries daily, liasing with the Adoption Board and the Department of Health and maintaining the AdoptionIreland website and e-mail discussion list which now has 300 members.
AdoptionIreland sees education as a major part of its role in Irish adoption, feeling that while we have come a long way since the 1950's, Ireland has a lot to learn about the full implications of adoption. "Thankfully very few Irish children are being given up for adoption in recent times, but a growing number of children are being adopted from other countries. We are concerned that, because Ireland has not brought the Hague Convention into law, the true best interests of the children are not being served." said AdoptionIreland US Co-Ordinator, Mari Steed, who was one of the 2,000 sent from Ireland to the US for adoption.
AdoptionIreland is planning to celebrate the 5th anniversary of the Irish Adoption Contact Register with a fundraising gig which will take place in the near future.
The Irish Adoption Contact Register can be found at AdoptionIreland's website www.adoptionireland.com Postal registrations and requests for database searches will be accepted on completion of an application form, which is available by writing to:
The Adopted Peoples Association,
Contact Register,
14 Exchequer Street,
Dublin 2
Republic of Ireland.
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MEETING WITH ADOPTION BOARD
Representatives of the AdoptionIreland committee met with the Adoption Board on 10th March 2004. It was a positive meeting in that they seem willing to work with us to achieve positive change. We are hopeful and feel that our views are finally being heard.
As a result of the meeting there are a couple of matters that may be of interest to you:
Adoption Board Website:
We have been informed that the Adoption Board website is presently being
reconstructed and that in the meantime it may contain out-of-date information. Therefore you shouldn't pay any heed to what is there right now.
Affidavits:
Anyone who has been asked to sign an affidavit (e.g., a sworn statement to the effect that a person receiving information from the Adoption Board will not attempt to make contact with whom they are seeking, except through the Board or an adoption agency) should write to Mr. Kiernan Gildea, Registrar at the Adoption Board, immediately. It has been confirmed that this practice is no longer in place. For more information on the affidavits issue, please click here.
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PUBLIC STATEMENT by AdoptionIreland
Launch of the Adoption Authority Corporate Plan 2004 — 2007
Members of the AdoptionIreland committee this morning attended the launch of the Adoption Authority of Ireland's Corporate Plan for 2004 — 2007 and its Business Plan for 2004.
AdoptionIreland wholeheartedly welcomes the launch of this plan, which is the first such statement of strategy to be issued by the Adoption Board (soon to become the Adoption Authority) throughout its existence.
The Corporate Plan sets out clear objectives in several areas, including: major organisational changes; introducing openness and consultation; and the delivery of quality, accountable client-focused adoption services to stakeholders.
AdoptionIreland is pleased to note that several of our own suggestions and requests have been incorporated into both the Corporate and Business plans. We see this as a positive development and commend the work of the new management team thus far, especially John Collins, CEO, and John Keegan, Director of Services. It cannot have been an easy task to change the ethos and outlook of the monolithic Adoption Board, but this plan represents a good first step.
Only one item struck us as being obvious by it's omission — the question of representation. The Authority, if it is truly to represent stakeholders' interests, must include those stakeholders at Board level. We therefore wish to see adopted peoples' and natural parents' organisations represented on the Board. Legislation to establish the Authority and to give it additional powers is due later this year, and we will continue to campaign in order to ensure that this omission will be rectified in the legislation.
Lastly, the document, in our opinion, does not go far enough in merely acknowledging the hurt caused to some in the past. The very real hurt and abuse inflicted on many in the past continues even in the present, as adopted people and natural parents can readily acknowledge. It should not be dsimissed so readily.
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PRESS RELEASE
AdoptionIreland:
The Adopted People's Association
14 Exchequer Street,
Dublin 2,
Republic of Ireland
Web: www.adoptionireland.com
E-mail: info@adoptionireland.com
AdoptionIreland calls for ban on anonymous egg and sperm donation
The UK's Public Health Minister, Melanie Johnson, has announced that children born from sperm donors in the future will be given rights to trace their biological fathers, following a review of fertility laws. AdoptionIreland: the Adopted People's Association warmly welcomes this development and today repeated it's call for a total ban on anonymous egg and sperm donation to be introduced in Ireland.
"It is now widely accepted that the closed, secret adoption system doesn't work and we are eagerly awaiting post-adoption legislation and services in this country that will allow adopted people and their natural parents to trace each other," said AdoptionIreland chairperson, Anton Sweeney. "Yet anonymous egg and sperm donation puts children in exactly the same situation. These children will have problems with loss of identity, not knowing their origins — and the potentially life-threatening problem of not knowing their true genetic and medical history."
Another pitfall is the risk of unwitting incest. "We are already aware of a small number of cases where marriages couldn't proceed because the bride and groom, both adopted, turned out to be related. Church baptismal records revealed the fact before the weddings, much to the shock and dismay of those involved. But anonymous sperm donation doesn't even allow for that possibility — and a sperm donor has the potential to father literally hundreds of children. It's a ticking timebomb."
Ireland currently has no laws governing assisted human reproduction and the Commission on Assisted Human Reproduction is not due to report to Government until later this year.[1] Mr Sweeney says "Our submission to the Department of Health's Adoption Legislation Consultation called for a ban on anonymous egg and sperm donation on the same basis that adopted people need to know their identity and origins. We welcome the stance being taken in the UK and urge the Irish Government to follow suit."
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AdoptionIreland: the Adopted People's Association is the representative organisation for adopted people in the Republic of Ireland. The primary goal of AdoptionIreland is to seek legislative change to benefit adopted people and their natural families. We provide a range of services, including the Irish Adoption Contact Register and the provision of information on how people can conduct their own traces.
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The following is an extract from our submission to the Adoption Legislation Consultation (currently being run by the Department of Health and Children) and contains AdoptionIreland's submission on Assisted Human Reproduction. The full text of our submission is available for download (in Adobe Acrobat format) from our website, at http://www.adoptionireland.com/campaign/consultation2003.html under the entry for 11th August 2003.
4.9. Assisted Human Reproduction
The Adopted People's Association has stated at length in this submission that the practice of closed, secret adoption was wrong; that everyone has a right to know their family and cultural background; and that everyone has a right to their medical and genetic histories. We cannot ignore similar problems with the closely related area of Assisted Human Reproduction (AHR). The specific problem area is that of anonymous egg and sperm donation. We believe that this area is already a potential minefield and that the repercussions of allowing this practice to continue will be enormous for the resulting children, their parents and society as a whole.
The child resulting from anonymous donation will face all of the identity issues that are currently faced by adopted people, but will be able to avail of less information or services in the future. Whilst adopted people who have wanted to have often been able to trace or at least obtain non-identifying information, with the possibility of contact at some point in the future, those possibilities do not exist for children born as a result of anonymous donation. Another major problem is that of incest. While this is a real problem for adopted people, it will be worse in the case of those born following anonymous donation, for whom no parental records exist and/or are accessible.
Social and religious practice norms are radically different now from what they were in the 1950's, 60's and 70's. Sex before marriage (should marriage even be on the cards) is the norm rather than the exception. Most couples, even should they marry, co-habit for some time before marriage. The result, especially in a country with so small a population as Ireland's, will be unwitting incest.
The Adopted People's Association therefore asserts that anonymous egg and sperm donation must be outlawed. While this area deserves legislation in its own right, we do not believe that it can be delayed and therefore propose that a section of any legislation emerging from this consultation process is the place to initially introduce such a ban.
We further propose that full information must be retained on donor's identity so that it can be passed over to the child (at any age), should s/he request it and that the legislation should include proper and strict
regulations for any agency, body or business engaged in the provision of Assisted Human Reproduction services. We further propose that individuals should be banned from providing such services (for exactly the same reasons that individuals are banned from acting as adoption intermediaries) and that severe criminal penalties should apply for breaches of such legislation and regulation.
APPENDIX ENDS
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Adoption Board Climbdown
As reported here AdoptionIreland learned last year that the Adoption Board had been seeking affidavits from adopted people who sought their Birth Certificates. The affidavits sought a guarantee thatthe adopted person would only attempt to make contact with the natural mother through the adoption agency. Following our raising of this issue with them, we are pleased to report that the Adoption Board have scrapped this policy. For more information, click here.
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AdoptionIreland recently had a positive meeting with Minister of State Brian Lenihan, TD, regarding the computerisation of the GRO, the Civil Registration Bill 2003, and other issues. Click here for more details.
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Call for Chief Justice Keane to resign
AdoptionIreland: the Adopted Peoples Association (APA) is today calling for the resignation of the Chief Justice, Mr. Ronan Keane and an apology to the people of Ireland, following what they claim are outrageous comments made by him in a recent judgement concerning the Laffoy Commission to Inquire into Child Abuse. The comments arose on Thursday (31st July 2003), when the Supreme Court unanimously granted the appeal by Professor Patrick Meenan (86) against a High Court order upholding the Commission's direction to him to give evidence before its Vaccine Trials Division.
Prof Meenan asserted that the direction to attend the Laffoy hearing was in breach of his rights to natural and constitutional justice, his constitutional rights to privacy and to bodily integrity. Chief Justice Keane in upholding Prof Meenan assertions overstepped his authority by further commenting on the Laffoy commission's enquiries. He is not aware of all the facts, nor can he be, as the Laffoy commission has not yet finished its investigations.
The purpose of any commission of inquiry is to establish the facts of what went on. Considerable sums of public money are being spent to establish these facts, yet Chief Justice Keane took it upon himself to state that there was no indication in the report of the Chief Medical Officer of Health of any abuse of children having occurred in the institutions as a consequence of the vaccination trials; and that no person had complained of adverse consequences from the trials. He also stated that the trial were conducted in accordance with then prevailing standards and which appeared to have only the most tenuous connection, if any, with the "appalling social evil" of the sexual and physical abuse of children in institutions.
It is unknown to what extent these medical trials took place or even of the number of children involved. Much of what occurred is hidden in secret adoption and state institution files. One of the purposes of the Laffoy commission is to unearth this information.
Professor Irene Hillary of UCD, who conducted some of the experiments in conjunction with the Wellcome Foundation, said, "In those days there was almost a tradition of doing testing in orphanages." "You went to where the material was, to put it crudely," said her colleague, Dr Patrick Meenan.
Questions that need to be asked and answered are:
- How many other such tests were carried out on children in Irish residential homes in the fifties, sixties and early seventies?
- How many children were affected?
- Were there any long-term implications for any of those children who were used as guinea pigs?
- Was consideration ever given to obtaining permission from relations of the children?
Does Justice Keane know the answer to these questions? Does Justice Keane wish for these matters to remain secret and hidden? If so — why?
These trials were a gross abuse of children. The state failed in its duty to uphold the constitutional right to bodily integrity of children entrusted into its care and now seeks, through Mr Justice Keane's comments, to deny them access to natural and constitutional justice.
The APA finds these comments outrageous. "Firstly, Keane was overstepping the mark — his duty was not to comment on the trials or the Commission's investigation of them. More importantly, though, his comments are insensitive and ill-informed" says the APA's Paul Bolger. "Keane fails to recognise that using babies as guinea pigs in vaccination trials without parental knowledge or consent is child abuse in and of itself. Moreover, regardless of 'prevailing standards', the trials were a disaster. Prof Meenan and others involved in the trials didn't know the children's genetic and medical history. The vaccine didn't work and was never released to the public. And bizarrely, some babies were given a placebo and were never vaccinated!"
Angela Murphy is one such person. "I was used in one of these trials," she says "and received a placebo instead of the drug. I've never been vaccinated. I was fortunate enough to be reunited with my natural mother shortly before her death — she had never heard of these trials and certainly never gave consent."
Mari Steed, the APA's U.S. Co-ordinator, is another. "Like 2,000 other Irish-born babies, I was sent to America for adoption. I was used in these trials — although 'abused' is a more appropriate term — yet my natural mother also never consented — and there were no follow-up checks on my progress."
Paul Bolger said, "Keane stated that 'no person had complained of adverse consequences from the trials'. Of course not. The vast majority of those used in the trials still haven't been informed and aren't aware of the fact. And those that do know and have approached the Commission are still awaiting their chance to testify. That chance has now grown slimmer thanks to Keane's ignorant remarks. His position is untenable and he should apologise and resign."
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Adopted people demand commitments on Birth Certificates
AdoptionIreland/the Adopted People's Association (APA) today demanded that commitments be given by Minister Mary Coughlan that adopted people will be allowed to use a new computerised system to trace their birth certs — and that the fact of a person's adoption will not be kept secret on falsified Birth Certificates. The APA's concerns arose following the Minister's announcement of the Civil Registration Bill.
"We believe that not only are there deep flaws in the legislation supposedly designed to give us our information, but also that the Minister may be planning to forever prevent adopted people from getting their Birth Certificates." said Anton Sweeney, APA Chairperson. Their main concern is the implications of a project to computerise the paper records in the General Registrar's Office for Births, Deaths and Marriages (GRO).
"We had been aware of the plans to computerise these records for some time and were very much in favour. However, we then found that the GRO was planning to block adopted people from obtaining their Birth Certificates." said Mr Sweeney.
During the course of a computer demonstration, requested by the APA, it became apparent that an adopted person could no longer search the indexes for his birth certificate without knowing the surname of her natural mother. As finding this surname is the actual purpose of the search, such a restriction makes it quite impossible to proceed. This is despite the fact that the APA was able, at the demonstration, to provide the computer code that would enable the required searches and a GRO technical specialist confirmed that it would indeed be possible to implement.
As such searches are possible under the current paper-based system and there is no technical reason for the restrictions, the APA are concerned that this is yet another attempt on the part of the Government to deny adopted people their rights.
"Adopted people need to be able to do their own traces using public records, as the system has consistently failed us. We were first promised legislation in 1996, which still has not materialised, although the Government's proposals mean that records would actually be further restricted. The sad fact is that it is still easier in Ireland to trace the origins of your Sunday roast than for an adopted person to trace his or her roots." said Mr Sweeney.
The APA are also concerned that changes to adoption registrations and the Birth Certificates of adopted people are being introduced without any consultation. "The proposed certificate for adopted people to use in place of a Birth Certificate actually conceals the fact that it relates to an adoption. This is disgraceful, as unfortunately many adoptive parents never tell their child that he or she is adopted. When they inevitably find out, it comes as a huge shock to them. This proposed new certificate will allow that practice to continue unabated." said Mr Sweeney.
The APA is calling on Minister Coughlan to halt the computerisation of records until she has given a guarantee that adopted people's access to the records will be maintained and improved rather than be restricted. They are also seeking commitments on adoption registration.
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Minister misleads the public about his proposals
Adopted people challenge Minister to debate
On PrimeTime, rte1, last night, Minister for Children, Brian Lenihan, TD, misled the nation on air about the Government's proposals for adoption legislation and about past adoption history.
AdoptionIreland/the Adopted Peoples Association now challenges Minister Lenihan to meet an AdoptionIreland representative in a face-to-face debate live on air.
Responding to questions from Brian Farrell, the Minister stated that "Guarantees of confidentiality were given [to natural mothers]" and "Unfortunately there is some evidence of that." AdoptionIreland asserts that:
- There is no provision in any adoption law that allows this — the opposite is in fact the case. The law requires the natural mother's name to be recorded on the Birth Certificate, which is, and always has been, a public record.
- Not one of the hundreds of the natural mothers we have helped reunite ever sought or were offered confidentiality — which, in any case, would have been beyond the power of a voluntary adoption agency to offer.
- We therefore challenge the Minister to prove his assertions.
In denying that he was introducing a two-tier system (with different rights for those adopted prior to and after the enactment of new legislation), Minister Lenihan stated that, in relation to obtaining their Birth Certificates, there would be: "an automatic right, going back to 1952, for all adopted people."
AdoptionIreland asks, if that is the case, then:
- Why are adopted people being denied access to their Birth Certificates at the General Registrar's Office for Births, Deaths and Marriages?
- Why do the Government's recently-published proposals contain no less than five pre-conditions to the release of the Birth Certificate — including one stating that an adoptive parent could block access to the certificate belonging to their adult child?
AdoptionIreland challenges the Children's Minister, Brian Lenihan, to debate these and any other issues with us live on air, at any time.
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An APA delegation is to meet Minister of State Brian Lenihan this coming Friday, 20th December. Watch here for news.
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Adopted seek open Church and State Records
Last weekend, "Magdalene Sisters", directed by Peter Mullan, had its Irish premiere at the Cork International Film Festival. The film, which tells of the lives suffered by girls imprisoned in the now notorious Magdalene Laundries, was criticised by the Vatican for being untruthful and anti-Church. Coincidentally, last weekend also saw the issue of an apology by Cardinal Connell for his failure to act appropriately to the clerical child sex abuse scandal. Adopted Peoples Association (APA) Chairperson Anton Sweeney asks, "Does nobody see a contradiction here? All of this country's adoption agencies, bar one, are Catholic. Our members have complained time and again about the lack of help, understanding and respect from these agencies."
Cardinal Connell's apology rings hollow to Anton Sweeney. "Words without actions are meaningless. The Church will not give an adopted person their baptismal certificate. Adoption agency social workers and unqualified nuns and staff treat us like children. The Laffoy Commission is having difficulty in getting cooperation in its investigations into the drug trials. Meanwhile, the Government is currently proceeding with plans to prevent adopted people from ever being able to get their birth certificates, without introducing a parallel Post-Adoption State Service to provide an alternative to the agencies. So people won't be able to trace by themselves. Only the nice, convenient, scandal-free cases get reunited through the agencies. How convenient."
The APA claims that many of their members' natural mothers, some of them subjected to clerical sex abuse, were victims of both the Church-controlled Magdalene Laundry and Mother & Baby Home systems. Many cared for their babies for up to two years, until State payments to the institution ran out. Their babies were then placed for adoption, the institutions receiving generous donations in many cases.
It has emerged that many of the babies were also used as guinea pigs in drug trials, without the knowledge or consent of their natural mothers, before being placed for adoption. These trials are currently under investigation by the Laffoy Commission.
The APA are holding a public meeting to discuss these issues and to provide information to adopted people on how to trace for themselves. It takes place on Monday 14th October, in Wynn's Hotel, Abbey Street, Dublin 1, beginning at 7.15pm sharp.
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The APA met with Brian Lenihan, TD, Minister of State in the Department of Health & Children with responsibility for adoption, and senior Departmental officials, to discuss the General Registrar's Office Modernisation Project and other issues.
Our concern with this project is that we have learned that it includes an attempt to block adopted people from obtaining their birth certificates!
We were told that:
- The wider concern of the privacy of all public records must be addressed and we will be "consulted with" on this.
- It was stated to us that, as yet, no final decisions have been taken on the issue of access to public records as opposed to the privacy of the records as a whole.
- The Department is looking at other jurisdictions that have computerised their public records.
- In some countries, records are not public until they are eighty (80) years old!
For more information on this, please click here!
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Media: The APA were interviewed on Dublin local radio station, Near FM, regarding our press release of 7th July (see below).
Adoption Board: The APA, at the request of the Adoption Board, have submitted suggestions for a standardised medical form to be introduced for prospective adoptive parents. At present, various different forms are used by different agencies and the Adoption Board wants to standardise the forms in use. Our impression of the draft form supplied by the Board was that it was far too general — more specific and detailed information is required when filling out a form for life insurance! Hopefully our suggestions will be incorporated.
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Minister's plans condemned as a sham
Access to records — but...
The Adopted Peoples Association (APA) condemned the announcement by Minister for Children, Brian Lenihan TD that he is to set up the AIRR (Access to Institutional and Related Records) project to index records of people formerly in the care of the state as a draconian and unconstitutional farce.
Minister Lenihan said: "It will assist people who have spent part or all of their childhood in care of the State and who are now seeking access to records relating to this time".
The Minister did not make public that access to any information concerning natural families identities and their circumstances at the time of placement will not be disclosed to people who have spent part or all of their childhood in care of the State, as confirmed to the APA by the Ministers' Dept.
The Minister fails to acknowledge that nearly all people formerly in the care of the state are seeking information concerning the circumstances of their natural families at the time of their placement into care.
The APA fears that (the estimated 100,000) people using this service will be given little more than admission date to an institution, a release date or the date on which they were fostered or adopted.
"The Ministers actions appears to ignore the constitutional rights of the people concerned and fails to acknowledge or understand the healing process for people needing to come to terms with their own personal histories," said Kevin Cooney, Information & Research Officer of the APA.
In a Supreme Court decision (IO'T v B & MH v GD, April, 1998) the Court held that "the right to know the identity of one's natural mother is a basic right flowing from the natural and special relationship which exists between a mother and child." How can the Ministers' decision comply with this ruling, asks the APA?
Kevin Cooney, said "The APA are calling on Minister Lenihan to make provisions to uphold the constitutional rights of all people formerly in the care of the State and that he acts to ensure that all people formerly in care are provided with information concerning the identity and circumstances of their natural families at the time of their placement as a matter of legal right."
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The following press release was issued by the Department of Health & Children:
Minister Lenihan announces commencement of AIRR Project 5 July 2002
Mr Brian Lenihan TD., Minister for Children today (5 July 2002) announced the commencement of the AIRR (Access to Institutional and Related Records) project to index records of people formerly in care of the state.
The Freedom of Information Unit in the Department of Health and Children, in conjunction with the Child Care Legislation Unit of the Department, has commenced a project to create this index. The main phases of the project currently identified are:
Indexing the files held by the Department — in Hawkins House, in off-site storage and at the National Archives, identifying files that hold personal information/records and entering details of these on a computerised index.
Indexing personal records by the name of the individual referred to, recording information such as name, date of birth, date placed in care, type of care, carer, file reference information and location.
Indexing records by institution and service type in the case of files that are relevant to provision of care services but not specifically containing personal information;
Microfilming or digitising the records indexed — where appropriate.
"I am confident that this project will contribute to the development of a valuable archive resource relating to the provision of childcare services provided by the state" said the Minister. "It will also assist people who have spent part or all of their childhood in care of the State and who are now seeking access to records relating to this time".
ENDS.
A response from the APA will issue shortly.
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| Launch of the redesigned Adopted Peoples Association website, Adoptionireland.com!
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The APA have been invited by the Adoption Board to make a submission on the revision of medical information forms which must be completed by prospective adoptive parents when applying to adopt.
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Kevin Cooney, the APA's Information & Research Officer, took part in a radio interview on Newstalk 106 FM, along with Fergus O'Dowd TD, Fine Gael's spokesman on Community Affairs. The interview concerned Mr O'Dowd's press release (see below) but was expanded to include post-adoption issues.
The following press release was issued by Fine Gael:
Fine Gael spokesman on Community Affairs, Fergus O'Dowd TD today called for closer ties with foreign adoption agencies following a suspension of facilitation arrangements by Belarussian authorities.
"Irish couples who are on waiting lists for foreign adoption are failing prey to administration problems. Any help the Irish Adoption Board can give to foreign adoption agencies to speed up the adoption process must be given, until a co-ordinator has been appointed to assist Irish couples in adopting a child in Belarus," he said. |
Last autumn, we learned that the Adoption Board had at some previous stage begun the practice of seeking affidavits from adopted people who were looking for their Birth Certificates.
The affidavits demanded an undertaking that the adopted person would not attempt to make contact with the natural mother except through the adoption agency involved.
After seeking advice, AdoptionIreland issued an advisory statement at the time advising people not to sign such affidavits — we believed them not only to be unethical but also an infringement of the adopted person's and natural mother's rights. They may also have precluded an adopted person from using other services still to be introduced legally by new legislation.
We also took the matter up with the Adoption Board on behalf of adopted people.
We are delighted to announce that we receieved a letter from the Adoption Board yesterday confirming that at it's meeting of 6th January 2004, the Board decided that in future it will no longer seek affidavits in such cases.
The Board will continue to seek "a written undertaking" to the same effect. While obviously this is still not perfect, it does represent a vast improvement.
We would like to thank those who originally brought this to our attention — if you hadn't made the effort to do so, then the affidavits would no doubt still be in use for quite some time to come.
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AdoptionIreland: the Adopted People's Association became aware this week that the Adoption Board is now requiring some adopted people to swear an affidavit before facilitating the release of that person's Birth Certificate.
We reproduce the text of the affidavit below. Also included is AdoptionIreland's initial analysis of the affidavit itself and the thinking behind it. We must stress (17th September 03) that our analysis is our initial opinion, and that we are seeking legal advice on the matter.
The text of the affidavit is (names and dates of birth have been changed for obvious reasons):
"In the matter of the Adoption Acts, 1952 to 1998 and in the matter of an application to the Adoption Board for the release of a copy of an original Birth Certificate.
AFFIDAVIT OF MS JOANNE BLOGGS Born 30th February 19xx
I, Joanne Bloggs, aged eighteen years and upwards, make oath and say as follows:
- I say that I made an application to the Adoption Board for the release of a copy of my original birth certificate held by the Adoption Board.
- I say that I have been informed by Sister X, [agency name and address] that efforts have been made to contact my natural mother and that due to a lack of response from her, it would appear that she is not open to contact at this time.
- I say that I understand that the decision to release my original Birth Certificate is on the understanding that I will respect my natural mother's right to privacy.
- I say that I will not attempt, at any stage, to contact my natural mother or birth family unless they initiate contact first.
- I say that should I wish further contact with my natural mother at any stage, that I will only do so with the assistance of the Adoption Board or [agency name and address].
- I make this affidavit for the benefit of An Bord Uchtála."
AdoptionIreland's analysis of the affidavit is as follows:
"1. I say that I made an application to the Adoption Board for the release of a copy of my original birth certificate held by the Adoption Board."
The Adoption Board is well aware that there is no such thing as an "original" Birth Certificate (which implies a person can have more than one). A person, when born, can obviously have his/her birth registered legally once only.
The Adoption Board does not "hold the Birth Cert" — it is, by law, held by the General Registrar's Office (GRO) and the Board doesn't have the power to release a copy. All it can do, by law and by it's own admission, is release the necessary information to a person to enable him or her to obtain a copy of the Birth Cert from the GRO.
"2. I say that I have been informed by Sister X, [agency name and address] that efforts have been made to contact my natural mother and that due to a lack of response from her, it would appear that she is not open to contact at this time."
This is gross assumption. It is insulting to everyone involved. It assumes that the natural mother doesn't want contact because they failed to find her and/or receive an answer. No evidence of efforts made to trace have been offered. No evidence of verification of address, health or literacy has been presented. There is too much room for error. Given their past record, we can have no confidence in the agency nor the agency worker's opinion. Is there a corresponding requirement on Sr. X to provide a sworn affidavit detailing the efforts made to trace and that they have been unsuccessful?
"3. I say that I understand that the decision to release my original Birth Certificate is on the understanding that I will respect my natural mother's right to privacy."
The natural mother's right to privacy and the adopted person's right to know their own mother were deemed to have equal merit in the I.O'T & MH vs. RGAS Supreme Court case. Legislation is planned to balance these rights but the Adoption Board is assuming that:
- Despite an ongoing consultation process, legislation giving superior weight to a right to privacy and instituting a contact veto will be enacted;
- Even in the absence of a declared wish for privacy, that right is to take precedence over any right to know one's origins.
- We would also point out that simple contact is not an invasion of privacy regardless of the relationship.
- The needs and rights of the adopted person are being reduced to secondary to all others concerned.
- The natural mother's right to know her child is being denied.
"4. I say that I will not attempt, at any stage, to contact my natural mother or birth family unless they initiate contact first."
We take grave exception to the language and implications of this section. It is blatant blackmail, assumes that the natural mother does not want contact and coerces the adopted person into signing away their civil and human rights. Decisions and control of the trace are being taken completely out of the adopted person's hands. It is based on an entirely false premise that the natural mother may not wish contact.
"5. I say that should I wish further contact with my natural mother at any stage, that I will only do so with the assistance of the Adoption Board or [agency name and address]."
The reason for the affidavit is that the agency and Adoption Board failed to elicit a response from the natural mother. It is therefore unreasonable to restrict an individual to using either of these services as they have already failed. We have no confidence in the agency or Board as an intermediary.
"6. I make this affidavit for the benefit of An Bord Uchtála."
This is the only honest point they make! Whose best interests are being served — certainly not the adopted person's or natural mothers!
Closing comments:
Forcing an adopted person to sign this so that they may obtain their Birth Certificate is emotional blackmail and completely disempowering. There is no expectation of being treated as a discerning adult, capable of making mature decisions in order to enable a positive outcome. We object to restrictions and conditions being placed on adopted people, reducing them yet again to the status of perpetual children and second-class citizens. It also flies in the face of best international practice.
The burden of the failure of the Adoption Board and the agency in respect of the trace is being placed firmly and restrictively on the shoulders on the adopted person.
It has been introduced without consultation with any representatives of service users, despite the fact that the Board is in the process of establishing a working group including such representatives, with the stated purpose of improving services for its clients.
It is insulting to natural mothers, whose representatives, the NPNI, object to the use of the insulting term "natural mother" — something the Adoption Board are well aware of.
This affidavit completely precludes an Irish citizen from seeking a judicial review or from utilising current or future Irish or European legislation or services.
AdoptionIreland: the Adopted People's Association are persuing this matter with the Adoption Board. Until this is resolved, our strong recommendation is:
Do NOT sign any affidavit similar to the above!
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