Press release
Minister O’Gorman publishes proposed Birth Information and Tracing Legislation
From Department of Children, Equality, Disability, Integration and Youth
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- groundbreaking legislation will enshrine in law a right to access birth certificates, birth and early life information for people who have questions in relation to their origins
- a comprehensive approach ensures access for all people who were adopted, boarded out, the subject of an illegal birth registration and others with questions in relation to their identity
- legislation establishes a robust and comprehensive Tracing Service and a statutory Contact Preference Register to support people wishing to make contact or share information
- legislation unlocks access to records for those affected by an illegal birth registration and offers a mechanism to provide clarity on matters relating to identity
Minister Roderic O’Gorman TD, has today (11 May) published the General Scheme of the Birth Information and Tracing Bill. The groundbreaking legislation will provide a full and clear right of access for adopted people and others with questions on their origins to birth certificates, birth and early life information. The legislation takes a comprehensive approach, encompassing all people who may have a question in relation to their origins and supporting access to the broad range of birth, early life, care and medical information that may be contained in institutional or other records.
Over and above access to information and records, the legislation also establishes a comprehensive tracing service for persons who want to make contact, share information or request information from a birth relative. It also establishes a new statutory Contact Preference Register. People will be able to apply to this register where they wish to record their preference in relation to having contact with birth relatives, as well as where they wish to lodge, for the attention of a specified relative, communications, contemporary medical information or requests for information.
The proposed legislation takes account of the issues facing people who are the subject of an illegal birth registration. In addition to this, Minister O’Gorman, with his colleague Minister Humphries, today brought a separate memo to Cabinet regarding wider support for affected individuals to address the issue of their incorrect birth registration and to have choice and clarity on the question of their identity. These proposals were developed by an Interdepartmental Group established by Minister O’Gorman and will be the subject of consultation with those affected by illegal birth registration in the weeks and months ahead.
Speaking on the published legislation, Minister O’Gorman said:
“For too long, adopted people and others have struggled with unanswered questions in relation to their identity and origins, and have felt the acute distress and inequity of that. This is why the government is bringing forward this proposed legislation which will unlock access to crucial information on a person’s origins; information which has been beyond their reach for too many years.
“This complex and comprehensive legislation has to balance rights to identity with rights to privacy in a fair and compassionate way. This is not an easy task and I have worked intensively with the Attorney General to find a solution grounded in GDPR which guarantees a right of access to information which is central to a person’s identity, whilst respecting the privacy rights of others and ensuring support for all parties. I look forward to consulting with stakeholders and engaging with TDs and Senators on these legislative proposals. My hope is that, by working in a focused, collaborative way, we can advance this legislation quickly in the interests of the affected individuals.
“I am also pleased, as part of this General Scheme, to be able to present proposals to address issues facing those affected by an illegal birth registration. I wish to thank Minister Humphries for her joint engagement on these proposals and I look forward to consulting with the affected individuals in the period ahead.”
The purpose of the legislation is to recognise the importance of a person knowing their origins, and to achieve this through the full release of the birth certificate, birth information, early life information, care information and medical information for all persons who were adopted, boarded out, the subject of an illegal birth registration or who otherwise have questions in relation to their origins.
This legislation will, for the first time, create a full and clear right for these people to access information relating to their identity at birth. Up to now, access to this information has been restricted because it is information that is shared between the child and the parent, and data protection considerations prevented release without consent.
The legislation is focused on supporting people to get answers to questions on their origins as quickly as possible. For this reason, it adopts an approach of opening up access to records where they reside. In a similar manner to Subject Access Requests under GDPR, people will be able to apply to the Adoption Authority, Tusla or any designated relevant body that may hold information about them.
In the case of the birth certificate and birth information, the person will be informed of their birth parent’s contact preference prior to being provided with the birth certificate and information. Where the preference is for no contact, this will be conveyed as part of an information session with a social worker. The applicant will be informed of their entitlement to receive their birth certificate and information, their birth parent’s expressed wish for no contact, and of the importance of respecting their privacy and preference in relation to contact. The information session will be conducted sensitively and respectfully, acknowledging the rights and wishes of all parties.
In the case of early life and care information, the information will be automatically provided on receipt of an application from the person.
In the case of medical information, a person will automatically be provided with any medical information which relates to themselves. Information relating to a birth relative which is relevant to the medical history or health of the applicant and is necessary for reasons of substantial public interest, will be released to the person's nominated medical practitioner. In these circumstances, the information shall not identify the birth parent or relative but only the fact of the medical condition/ health issue being something which arises in the applicant's birth family.
The Minister will ensure that strong supports are in place to assist people in identifying a relevant body who may hold records relevant to them and in making an application.
In addition to access to information and records, the legislation will provide for a robust tracing service underpinned by statute. This service will facilitate tracing of relatives for the purpose of contact, or for seeking or sharing information.
The legislation will also provide for the establishment of a statutory Contact Preference Register. This register will replace the existing administrative National Adoption Contact Preference Register (NACPR) which is currently run by the Adoption Authority of Ireland. It will allow individuals to lodge their preferences in relation to contact with relatives, and indicate if they are willing to provide information. It will also enable the lodging of contemporaneous information, including medical information.
Finally, the legislation will provide for the safeguarding of records and will create offences for destroying, falsifying or mutilating those records.
