Sir, - I refer to the letter on behalf of the Council of Irish Adoption Societies (June 18th) in which it is stated that it is difficult to understand the delay in establishing a voluntary adoption contact register.
The point made is to some extent answered in the final paragraph where the council states: "A voluntary contact register will be only a small step towards improving the current adoption system. The Council of Irish Adoption Societies eagerly awaits the establishment of a comprehensive legal framework for access to birth records."
I am in full agreement with these sentiments and had hoped to have brought forward legislative proposals for such a framework by now. However, the hard fact which I have had to face as the Minister responsible is that it is not possible to finalise proposals for such a framework until certain legal and constitutional issues, which go right to the heart of the matter, have been ruled on by the Supreme Court.
A case which is due before the Supreme Court within the next few weeks may help to clarify these matters. The case relates to persons who were informally adopted before the introduction of legal adoption. However, it raises three issues which relate to access to birth records generally. In brief these are:
(i) whether or not a child has a legal or constitutional right to know the identity of his or her natural parents;
(ii) whether or not the natural mother has an absolute constitutional or legal right to have the confidentiality guaranteed her at the time she placed the child for adoption preserved;
(iii) if the child has a constitutional or legal right to the information sought and the natural mother has a constitutional or legal right that the information should not be disclosed, what are the correct criteria to determine which should be applied in the circumstances of the case?
I am hopeful that the Supreme Court will provide clarification of these constitutional and legal issues so that the way can be cleared for the introduction of legislation in this very sensitive area of human relationships. I understand that a date in mid-July has now been set for the hearing of this case. - Yours, etc.,
Minister of State,
Department of Health, Dublin 2.