In summary, the new legislation:

• Ratifies the Hague Convention, thus providing some measure of protection to children who are subject to inter-country adoption;
• Establishes a new Adoption Authority to replace the Adoption Board (and for the first time ensures that Authority will actually have adopted people and natural parents as members);
• Establishes information, tracing and reunion services, including:
  • a National Adoption Contact Preference Register;
  • a National Adoption Information & Tracing Service;
  • a National Records Index;
  • an oversight and inpection role for the new Authority over voluntary adoption agencies, including the power to seize records;
• Gives the option of adoption to those over 18 who have been in long term foster care with the same family;
• Gives the Adoption Authority the power to attach conditions to an adoption order, thus allowing for ongoing contact with the natural family, where this is in the best interests of the child;
• Gives the option of guardianship for step and foster parents.

Although the legislation giving effect to these proposals has not yet been published (publication is expected in the Autumn), the Adoption Board are to proceed in advance of the legislation with the launch of the National Adoption Contact Preference Register and other services. This will be accompanied by a large publicity drive, including a leaflet drop to every house in the country.

However, the more complex issue of rights to access information has yet to be addressed. "Without taking away from what has been announced today, we can't forget that adopted people still must go through an entirely unnecessary and rigorous process just to get their own birth certificates, and we are still denied our own information from our adoption files. We've been promised that a further Bill will address these issues. We also wish to see an inquiry into past illegal adoption practices carried out by individuals and registered adoption societies."

More information on the proposals is available from the Department of Health and Children's website at http://www.dohc.ie/publications/adoption_legislation_2003_consultation_and_proposals_for_change.html.

AdoptionIreland intend to hold public meetings in Dublin and Cork in the near future in relation to the newly announced services.

For the APA's response, please visit our Media section.

APA comment: Our emphasis added. This promised National Contact Register was never set up.

A General Election was held in June 1997. The Fianna Fáil party's manifesto contained a commitment to establish post-adoption servcices. Fiann Fáil and the Progressive Democrats formed a coalition government, and their Programme for Government also contained a pledge to establish post-adoption services.

APA comment: The consulatation process concluded in Summer 1999. The promised Bill has not yet been introduced.

The need for an interim service is clear. There are now over 2,500 people on waiting lists for Adoption Agency post-adoption services - and the waiting lists can be over three years long! The need for faster services had once again been graphically highlighted to us the previous week, when two members' searches for natural parents resulted in them finding that their natural mothers had died before they could be found.

We made a strong case for the need for a State-run service. 2,500 people in total, on the waiting lists of nineteen separate agencies, means that in reality each agency only has an average of 130 people on its own waiting list for an initial meeting. There can be no excuse for an agency to delay for three years when its waiting list could realistically be dealt with by just one social worker in no more than six months!

The Minister reiterated her guarantee to us that adopted people and natural family members will not have to deal with an adoption agency under the new legislation, but instead can avail of services directly from the proposed Adoption Authority.

We also presented the Minister with a list of criteria which must be met if the proposed legislation is to garner our support. Chief on this list was the demand for full adoption files to be handed over to adopted people. We can already get our birth certs and we can already get non-identifying information. The existing Adoption Acts already allow us access to our full files in theory, so we will not accept any legislation that steps back from that.

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.

ENDS

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!

Following the announcement yesterday, Tuesday 25th March, by Minister of State Brian Lenihan, TD, of a new consultation process on future developments in adoption legislation, adopted people expressed the hope this meant they would no longer be targeted for criminalisation.

"A similar consultation, previously held in 1999, proved to be a sham," says Adopted Peoples Association (APA) Chairperson, Anton Sweeney. "The views of adopted people, natural parents and progressive social workers were ignored."

Mr Sweeney went on to say, "The views of private adoption agencies were given undue weight and served only to protect some agencies from their past misdeeds. What emerged were proposals for legislation that removed adopted peoples' existing rights and introduced a new level of secrecy. The proposed law included clauses that would have criminalised adopted people and natural parents for even attempting to contact each other".

Mr Sweeney said, "We were first promised legislation in 1996, but in reality it's been due since 1971, when the first legally adopted children became adult under the 1952 Adoption Act". The APA also expressed concern that this consultation process, in seeking to cover every aspect of adoption, was too ambitious. "There is a danger that current adopted adults' requirements could be sidelined by the wider scope of this consultation process."

The Adopted Peoples Association are holding a public meeting this coming Saturday, 29th March, at 7.30 pm, in the Radisson SAS Hotel, Galway, where they will discuss the Minister's proposals and services that they provide. All are welcome.

[ENDS]

The Minister for Children, Brian Lenihan, today announced that the Government had approved a wide-ranging consultation process with various interested parties on future developments in adoption legislation. This consultation will include views on proposals for Adoption Information and Post Adoption Contact.

"I have been conscious for some time that the existing legislation is out of date and cumbersome, and I am delighted to have this opportunity to consult with all interested parties, with a view to making significant improvements" said the Minister, adding that "because of social changes, many adoption practices have changed radically both in Ireland and abroad over the years. Adoption legislation should reflect these changes. A wide range of issues need to be considered if the legislation is to be modernised and that is why I intend to undertake the fullest possible consultation process".

The primary adoption legislation in Ireland dates back to 1952, a time when many attitudes and practices were very different to those that exist today. There have been six amendments to the 1952 Act. Two further amendments have been under preparation, one on information rights for those affected by adoption and one on the ratification by Ireland of the Hague Convention on Intercountry Convention and also to update the provisions relating to the structure and functions of the Adoption Board.

A working document which will set out a number of issues for consideration will be published as soon as possible. Written submissions will then be invited, these submissions to be followed by an oral consultation. The working document will be developed by an independent legal expert who will also examine the various submissions.

"I would like to emphasise that this is to be a short and highly focussed consultation process. The process will be as inclusive as possible and I intend that it will be finalised by July of this year. I believe that this will result in my being able to bring workable proposals to Government which will lead to a new, modern and appropriate legislative framework for adoption".