The rights of adopted people to know about their origins in Ireland.
Adoption in Ireland is regulated by the Adoption Act 1952 and the Adoption Act 2010, which do not provide any statutory rights to information or records. Instead, an ad-hoc system exists whereby adopted people can make requests to their adoption agency or the Adoption Authority of Ireland.
The general approach is that no records or identifying information is released unless the natural mother expressly consents or is deceased. The Adoption Authority of Ireland also maintains a voluntary National Adoption Contact Preference Register.
By contrast, in England and Wales an adopted person has a legal guarantee of access to their original birth certificate upon reaching 18 years of age.
A person’s right to know the identity of their natural mother has been recognised as a constitutional right by the Supreme Court decision of IOT v. B.
The issue is not just that of an adopted person’s right to their identity. That right must be balanced against a natural mother’s right to privacy, a fact recognised in IOT v. B.
Mr Justice Nial Fennelly in Rotunda Hospital v. the Information Commissioner, pointed out how the balance between disclosure and privacy is to be achieved is a question of policy and is something for theOireachtasto determine.
The forthcoming Adoption (Tracing and Information) Bill provides an opportunity to address these issues. The European Court of Human Rights has recognised that the right of a child to know their origins is a vital aspect of their personal development and is protected by Article 8 of the Convention.
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