Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Adoptions and the right to an original birth cert

Options
135678

Comments

  • Posts: 0 [Deleted User]



    You're entitled to your opinion and I'm entitled to mine. Its a discussion forum. The OP specifically asked for views.

    It's ironic that you call my opinion invalid without knowing much about my family history, and go on to attack me for "prioritising the rights of one group over another" yet that seems to be exactly what you want - only for the balance of rights to fall on the side of the adoptee.

    You're obviously of the view that the birth parents feelings on the matter and the potential impact on them (and their families) is of lesser importance than the adoptee's. Fair enough. I disagree.

    My peace sign was meant to indicate that I do not wish to get into an argument about it, as I realise it is a sensitive subject and because from what I can see there is no clear way of balancing the rights of privacy -v- information of all concerned here.

    So again. ✌️



  • Registered Users Posts: 6,688 ✭✭✭kerash


    Wait until they pass away!! You’ve hit the nail on the head there. That’s exactly what’s happening. Dead people can’t tell their stories.



  • Registered Users Posts: 494 ✭✭Billgirlylegs


    Has anyone quoted the wording of The Constitution? Apologies if they did.

    Article 40.

    1. All citizens shall, as human persons, be held equal before the law

    A person is not an adoptee / adopted child. A person is entitled to the same level of information about their parents as you or I.

    While it may be difficult for the parent to deal with whatever did happen when the child was born, they cannot refuse (or have refused on their part) to provide anyone with information about their background. It is not "their information", so there is no privacy issue.



  • Posts: 0 [Deleted User]



    @Lillyfae I can only tell you how they reacted, not why they reacted that way.

    What can I say, people react differently 🤷



  • Registered Users Posts: 7,415 ✭✭✭MrMusician18


    You are not likely to get much stories out of someone that doesn't want that information shared either.

    There is some wilful distortion going on here in an effort to paint those that question aspects of the legislation as some sort of villains that want to deny the rights of adoptees to their info. That is not true at all. Where BM and adoptee agree, no issues here. Where BM and adoptee don't agree but come to a conciliated settlement, no issues there either. The problems for me arise in the legislation where the parties do not agree, conciliation fails, the adoption agency will release the information anyway. That absolutely puts one person's rights over another.



  • Advertisement
  • Posts: 0 [Deleted User]


    Yeah, you're not really coming from a genuine place with this thread. Good luck, I'm out.



  • Registered Users Posts: 17,061 ✭✭✭✭nullzero
    °°°°°


    I never said I want the balance of rights to fall only on the side of the adoptee.

    The adoptees have had no rights until now, their birth parents have held all the cards in their hands and now an adoptee can obtain their birth certificate with less hassle than previously and you see that as an attack on the rights of their parents.

    You continually ignore the impact birth parents contacting adopted children could have, it is essentially the opposite side of the same coin you cited as an example supporting your argument.

    Birth parents have had the right to do as they please. Some adopted children spent years going to adoption board meetings with their adoptive parents because birth parents didn't want to finalize their child's adoptions, they didn't care what the impact there was. One poster cited their own birth parents effectively stalking them, those birth parents didn't care what the consequences of their actions were.

    I can empathize with birth parents who don't want contact with their children but FINALLY giving the most BASIC of rights to adopted people trumps that I'm afraid. You can only empathize with birth parents whilst denying adopted people have any rights in relation to understanding their background, you are not engaging honestly here.

    Glazers Out!



  • Registered Users Posts: 4,064 ✭✭✭TaurenDruid


    Right, so "conciliation" fails, the Adoption Authority puts my right to an identity and information (as enumerated in the UN Declaration on Human Rights and the Irish Constitution) over the (non-existent) "right" of a natural parent to deny me my birth cert. I am made aware of their request for no contact.

    So... what's the worst that can happen?

    There are already civil and criminal statutes in place to prevent harassment. I have literally nothing to gain from hassling someone who doesn't want contact.

    Adopted people (and natural parents, and siblings separated by adoption for that matter) have had the knowledge on how to trace each other for a couple of decades now.

    Where are the horror stories, the prosecutions, the stories of harassment, stalking, etc?

    What? There are - after several decades - a tiny, tiny handful? (Or, quote possibly, none?!)

    Bad cases make bad law.

    The reality is that quietly and without much fuss, thousands of adopted people, natural parents, and extended family of both have been tracing each other for a few decades now. You just haven't been aware of it.

    And the people who have traced each other? Who have been able to establish anything from polite exchanges of letters ("Oh, yes, you're right, there was no medical information on the file. That's because everyone in my family was healthy when you were born. But you really need to know that there's [x condition] on my side...") and photos and little more contact, to full ongoing friendships and family relationships. We've just been getting on with things. Just now with more of our own family and medical history. Useful, when we have kids ourselves!



  • Posts: 0 [Deleted User]


    Okay Nullzero, whatever you say.

    I'm not "engaging honestly" because I don't agree with your point of view.

    Agree to disagree so. Nothing more to add.



  • Registered Users Posts: 17,061 ✭✭✭✭nullzero
    °°°°°


    You're not engaging honestly because you're saying the suffering of one group of people trumps the suffering of another.


    It's a completely ridiculous stance,but by all means take the moral high ground.

    Glazers Out!



  • Advertisement
  • Posts: 0 [Deleted User]


    I never said that. Stop trying to put words in my mouth.

    I tried to engage in a discussion about finding a balance, but it is pointless because unless someone is 100% in agreement with your view, all you do is shout them down and insult them.



  • Registered Users Posts: 17,061 ✭✭✭✭nullzero
    °°°°°


    You have consistently put the suffering of one group above the suffering of the other. I'm not putting words in your mouth, you wrote them yourself.

    Glazers Out!



  • Registered Users Posts: 35,072 ✭✭✭✭Hotblack Desiato


    It is unacceptable that a group of people are denied legal rights everyone else has simply because of the circumstances of their birth.

    © 1982 Sinclair Research Ltd



  • Registered Users Posts: 4,064 ✭✭✭TaurenDruid



    To come back to this - yes, this happened a lot. To give an example, I'm aware of one case where Saint Patrick's Guild conducted an illegal adoption - placing the child with a couple who then registered the birth as if the child was born to them - against the wished of the natural mother. The natural mother was back in touch with the agency for literally years, trying to be put in contact with her (now adult) son. The agency lied - denied she had ever been with them, then that they had no records, then that they had been in touch and he didn't want contact - before admitting the adoption had been illegal but they wouldn't do anything as the adoptive parents had never told their son he'd been adopted. And the adoptive parents were refusing to tell their (adult!) son. This, despite one of the reasons the natural mother wanted contact was to pass on important medical information!

    Again, this is far from unusual. Most (but not all) adoptive parents obviously did tell their children. But it was still common enough that parents didn't tell their children that they were adopted that, at one stage, the General Registrar's Office had trained staff in how to sensitively break it to someone that they were adopted (because adopted person turns up to get a birth cert for employment, or college, or to get a passport, asks for the long-form birth cert, and instead gets "An Extract from the Adopted Children's Register."



  • Registered Users Posts: 4,064 ✭✭✭TaurenDruid


    You keep mentioning a "right to privacy". What right? Under what point of the constitution does this right exist? Or what act of the Dáil?

    Again - the vast majority of natural parents never requested privacy in the first place! Even if they had, adoption agencies - private entities - had absolutely no right or ability to make such a promise; you can't promise something that's illegal, or that isn't in your power to give! The Adoption Board knew they couldn't make such a promise, as birth certificates are public records - and so they didn't!

    There is a right to a "private and family life" under Article 8 of the European Convention on Human Rights:

    "Everyone has the right to respect for his private and family life, his home and his correspondence."

    This right to a private and family life actually means I, as an adopted person, am entitled to know where I came from!

    2. Right to discover one’s origins. The Court has recognised the right to obtain information in order to discover one’s origins and the identity of one’s parents as an integral part of identity protected under the right to private and family life (Odièvre v. France [GC], § 29; Gaskin v. the United Kingdom, § 39; Çapın v. Turkey,§§ 33- 34; Boljević v. Serbia, § 28). 

    (Taken from here).

    An adopted person getting their birth cert still doesn't mean the privacy of natural parents is being interfered with. I can't demand a meeting, the contact details of their extended family, their medical information - and nor would I want to!



  • Posts: 0 [Deleted User]


    You respond 11 days later? But okay.

    I didn't "go on" about the right to privacy, I asked a few questions on how everyone's rights could be balanced.

    An adopted person getting their birth cert still doesn't mean the privacy of natural parents is being interfered with. I can't demand a meeting, the contact details of their extended family, their medical information - and nor would I want to!

    I beg to differ, I believe their privacy is being interfered with. At the very minimum, it's being compromised, and I don't believe that's right either, so, sorry if we don't agree here. Even if their right to privacy was never formally enshrined in law, it was inferred, and many people understood it to be protected.

    The only compromise I could see is if the birth cert is released once the birth parent is dead, or once a legally binding "no contact" agreement is signed by the adoptee, where that is the birth parents indicated choice.

    And even at that, its still a compromise, because once the information is handed over, its out there, no matter what anyone signs.

    There will be no meeting of the minds here, so I'll leave it there. Again.

    I won't be responding to further posts on this subject.

    Post edited by [Deleted User] on


  • Registered Users Posts: 4,064 ✭✭✭TaurenDruid


    11 days later because I missed your post. Sorry.

    The only compromise I could see is if the birth cert is released once the birth parent is dead, or once a legally binding "no contact" agreement is signed by the adoptee, where that is the birth parents indicated choice.

    Waiting until the birth parent is dead (how would the Adoption Authority know?!) might take 10, 20, 30 years, during which the adopted person's right to their identity (which is an actual right!) can't be vindicated.

    As to a legally binding "no contact" agreement - this, in effect, would be the first instance of a law in Ireland (if not in Europe, or wider?), that assumes in advance that the adopted person will ignore and defy a request for no contact, and so puts in place a pre-emptive "barring order."

    This is doing away with the presumption of innocence until proven guilty. It would actually give more rights to a natural parent than to a potential victim of domestic violence, who needs to wait until there's "just cause" before they can get a barring order - i.e., they've actually been assaulted.

    Ultimately, I'll go back to: we (adopted people, natural parents, and our family members, both adoptive and natural) already trace each other. We've been doing it for decades now. The instructions for doing so are (or were, until the move!) even posted here on boards! We've been doing it well, and discreetly, and there have been no stories in the media at all about door-stepping, tragedies as a result of tracing, ruined lives - none!

    Give us some credit to conduct ourselves like adults, maybe?



  • Registered Users Posts: 1,820 ✭✭✭mrslancaster


    The uneasiness about this new legislation will be like previous social issues that were changed in recent times ie divorce, abortion & same-sex marriage. Those changes were not wanted in any shape or form by large numbers of our citizens but the world didnt fall in when we brought in new rules.

    I'd say there were many people who got married years ago with the expectation that it was for life but the law changed, so saying that something was expected because of a choice made years in the past is a poor reason imo to deny our fellow citizens their basic human rights.

    Those of us not affected cant understand how it feels, the same way that those in a happy marriage or with wanted pregnancies cant feel the same way as people in unhappy marriages who want a divorce or with those who have an unwanted pregnancy. Walk a mile in their shoes etc...

    Who are we to deny adopted citizens the right to their own information? Its a bizarre situation that should have been sorted decades ago. Birth parents who gave up children had their reasons for making that choice but to suggest that the children should continue to be discriminated against by not allowing them the same rights as others to access their own data which is a public record & making them feel like second class citizens still in 2021 is just cruel imo.

    EDit: a lot of people forget that dna testing can shed a light on many issues from the past. No secrecy with dna.



  • Registered Users Posts: 35,072 ✭✭✭✭Hotblack Desiato


    And even at that, its still a compromise, because once the information is handed over, its out there, no matter what anyone signs.

    As has already been pointed out, that information is already out there for everyone, adopted or not. The registry of births is a public record, just as the registries of marriages and deaths are.

    if you have enough info and/or are prepared to spend enough effort trawling, you can get a birth cert:

    for any person living or dead

    adopted or not

    related to you, or not

    without their permission, or not


    So really what is at issue here is allowing adopted people the truth about their origins so they can access what is already a public record. Something that geneologists, solicitors etc already do to track down people for an inheritance etc, just without the need for the effort, know-how and cost it currently requires.

    What some agencies have done - actively mislead people, give incorrect birth names or DOBs, lie that no records exist, cover up illegal adoptions - is absolutely criminal and beneath all contempt.

    © 1982 Sinclair Research Ltd



  • Registered Users Posts: 1,820 ✭✭✭mrslancaster


    Agree that anyone who falsified records are beneath contempt, everyone should have fundamental information about who they are & who their ancestors are irrespective of who raised them. Its sad that children were seen as a commodity by some in the past with no consideration as to how it could affect them in later years. I have huge sympathy for birth parents who lost a child to adoption by choice or coercion, that must have been horrific. I have children & cant imagine that pain.

    Providing information doesnt mean contact is obligatory OP, people are free to refuse. As others said, there's a big difference between privacy & secrecy.



  • Advertisement
  • Registered Users Posts: 4,064 ✭✭✭TaurenDruid


    What some agencies have done - actively mislead people, give incorrect birth names or DOBs, lie that no records exist, cover up illegal adoptions - is absolutely criminal and beneath all contempt.

    You'd be amazed at the number of fires that have taken place over the years in adoption agencies...

    And as you say, these are currently public records anyway. Just it takes an adopted person maybe a day, two days in time and three or four times the monetary cost to get their birth cert, compared to a non-adopted person who can just walk in to the GRO, pay a fee and get a copy.

    Like adopted people have been able to do in England and Wales since 1970 and, I think, the 1930s in Scotland.



  • Registered Users Posts: 35,072 ✭✭✭✭Hotblack Desiato


    The nuns must have been smuggling petrol or something, given the numbers of records "lost in a fire" that was hushed up and never made the news.

    I'd imagine those who've been actively misled, or were illegally recorded on birth cert as the child of the adoptive parents would have a hard time getting hold of the truth, but as a poster says above, DNA doesn't lie and people are finding cousins and half-siblings in unexpected places.

    © 1982 Sinclair Research Ltd



  • Registered Users Posts: 4,064 ✭✭✭TaurenDruid


    Yup - I've a couple of friends in exactly that situation; and it's my only way of finding any info/people on father's side. I just hate that I essentially have to gift my genetic info - and that of my kids! - to a faceless corporation in order to be able to make any headway. 'Cos that's gonna bite us (or our kids) on the ass in a few years, when insurance companies suddenly go "Oh, wait, we need to increase your health insurance quote by 250%..." or they decline to provide mortgage protection cover, or something...



  • Registered Users Posts: 894 ✭✭✭nolivesmatter


    While I understand things weren't easy for those mothers, it doesn't make sense to give someone the right to take away someone else's right to their own birth cert. Ethically it wasn't a promise the state were entitled to make, and if those babies had a voice at the time it never could have happened.



  • Registered Users Posts: 35,072 ✭✭✭✭Hotblack Desiato


    "Illegitimate" children were seen as a "problem" to be "dealt with" and in best Irish catholic fashion sweep the whole thing under the carpet and pretend it never happened. But you can't do that with other people's identity and lives.

    © 1982 Sinclair Research Ltd



  • Registered Users Posts: 1,781 ✭✭✭mohawk


    Many of the birth mothers who have up children for adoption didn’t see it that way. Many were under huge pressure from families, nuns etc to cooperate and give up the baby. This caused them huge grief and shame. My grandmother has told me many stories of women she knew in that situation who never got over it. I was born in the 80’s to a single mother, my grandparents didn’t try to force an adoption as they had seen the huge harm it caused when it’s done against the wishes of the mother. My father’s name is not on my birth certificate I know nothing about him except a name. So I have no family medical history on that side I will never know it as my mother will never give me more information.

    I have to say I would have sympathy for both parties here both the person adopted and the birth mother. The state failed them both.



  • Registered Users Posts: 35,072 ✭✭✭✭Hotblack Desiato


    I mean society in general saw it that way. Birth mothers didn't really have a choice (unless they were in a position to decamp to England or similar) as no financial support and few to none employment prospects.

    © 1982 Sinclair Research Ltd



  • Registered Users Posts: 4,064 ✭✭✭TaurenDruid


    Just to mention, you do have the option of doing a DNA test on ancestry.co.uk or 23andme (or both) and possibly finding close relatives that way, if you're interested in medical information.



  • Registered Users Posts: 1,820 ✭✭✭mrslancaster



    Maybe the state should pay for those dna tests for anyone whose birth cert was falsified, ie anyone identified in the Tusla files and the RTE programme a few months back. I read somewhere that there could be thousands and not just the 126+ reported. There is also a possibility that some individuals with false documents could have met/had a relationship/married/had children with a person who was a blood relative. It's hard to believe how people were treated by those in power who thought they knew best.



  • Advertisement
  • Registered Users Posts: 4,064 ✭✭✭TaurenDruid


    Good idea! And yes, there are absolutely thousands of people with falsified records, as anyone working in the field will admit if they're honest.



Advertisement