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Baby Ann Returned to Parents, 08/06/2007
Irish Independent


By Dearbhail McDonald

BABY Ann, the toddler at the centre of last year's adoption battle, has been returned to the care of her natural parents.

But the Irish Independent has learned that the infant's heartbroken foster carers will not be granted ongoing access visits to the child they hoped to adopt.

The return of Baby Ann, who is now "bedded in" with her birth parents, comes in the wake of concerns about Ireland's fostering laws and the Supreme Court ruling itself.

Yesterday, Information Ombudsman Emily O'Reilly urged the Health Service Executive to treat potential foster parents in a fair and proper manner.

Reform

Ms O'Reilly called for reform of fostering protocols following an investigation into the way a former health board treated a couple when they tried to foster three siblings whose birth parents are dead.

In the Baby Ann case, Supreme Court Judge Adrian Hardiman said the Constitution prefers parents to third parties.

Delegates at a seminar on the Baby Ann ruling, including officials from the Attorney General's office and the Department of Health, were told yesterday that foster parents are "merely third parties" under the ruling.

Last year, the Supreme Court ruled that Ann - who had lived with her prospective adoptive parents since she was three months old - was to be returned to her natural parents.

Farewell

Ann's natural parents conceded a final family Christmas farewell for their daughter's would-be adoptive parents, who had difficulty conceiving children of their own. It is understood the married couple had unsuccessfully attempted IVF treatment before deciding to adopt.

In the High Court action, Judge John MacMenamin ruled that the two-year-old would be psychologically damaged if taken away from the would-be adoptive couple. He said the case was complex, tragic and distressing and expressed regret that the court did not have the power to make any other decision, allowing some "middle ground".

Child law expert and Adoption Board member Geoffrey Shannon, told delegates at the Treoir Annual General meeting that to automatically prefer parents to third parties would allow the courts to ignore the rights of the child.

"The protection against interventionism is an important one, but this does not mean the court must always prefer parents to all third parties," said Mr Shannon. "It is misleading to say that parents will always consider the welfare of the child as paramount."

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Concern Over Scope of the FOI Act, 30th May 2007
The Irish Times

The Information Commissioner, Emily O'Reilly, has expressed concern that a number of public sector bodies are not included under the scope of the Freedom of Information Act.

The Adoption Board, Personal Injuries Assessment Board, Vocational Education Committees and the Financial Services Regulatory Authority are just some of the bodies to which FOI applications cannot apply.

In her annual report, Ms O'Reilly said the continued exclusion of An Garda Síochána put Ireland out of kilter with the rest of the developed world where police forces have fallen under similar acts for some time.

She said there has been no negative impact on other forces as a result, and the establishment of the Garda Ombudsman's Commission provides an ideal opportunity for the force to come under the scope of the act.

Despite a fall in applications last year, the system is working but not as well as it could be, according to Ms O'Reilly.

She says the present fees in place are discouraging some people. Uptake of applications has fallen by 19% since 2005.

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ASNI Press Release, 08/05/2007

People Could be Jailed because Government has Failed to Deliver, says new Adoption Organisation

A newly formed adoption support group called the Adoption Support Network of Ireland (ASNI) has accused the outgoing Fianna Fáil / PD Government of failing to deliver for tens of thousands of Irish people, despite a promise to do so four years ago.

The ASNI is the first National organisation of its kind to comprise of adopted people, natural parents, adoptive parents, natural family members and other interested parties whose lives have been affected by Ireland's closed secret adoption system.

ASNI says that Irish adoption legislation is embarrassingly out of date in comparison with England, where adoption files were released to adopted people in the 1970's.

In 2003, following a detailed consultation process, the Minister for Children, Mr. Brian Lenihan promised to bring forward reforming legislation before the end of this Governments term of office.

"Now, however, the Dáil is dissolved," said Claire McGettrick, spokesperson for ASNI,"and we have been left waiting. Minister Lenihan has promised much but failed to deliver."

"Worse still', she added, "a highly draconian proposal to fine, or even jail people for trying to trace a relative, is now effectively back on the agenda."

The proposal, in draft legislation by Brian Lenihan's predecessor, Mary Hanafin, was to be struck out permanently by the current minister, but this was never done, despite a commitment to do so four years ago.

"Now," said Claire McGettrick, "The door is again open for a future Minister to resurrect those shocking proposals, if they should choose to do so."

For further information about how to join ASNI, the organisation can be contacted through its website www.adoption.ie or via e-mail at info@adoption.ie or by phone at 087-9526345.

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ASNI Offers Condolences on the Passing of 'Search Angel' Sandra Cooper

It is with deep sadness that ASNI informs its supporters of the sudden death of our friend Sandra Cooper. Sandra passed away on 30th April as a result of a brain hemorrhage.

Sandra's death is a huge loss for the Irish adoption community. We have lost a good friend and loyal supporter of our cause. Sandra wasn't just a great Search Angel, she was a fantastic friend to many people who were affected by adoption. I have always admired Sandra's passion for the adoption cause, particularly because she is not adopted herself, but to hear her talk, she might as well have been — she is indeed an "honourary adopted person".

Sandra was one of the "soldiers" who went to fight in the battle of the 2003 Adoption Consultation and she did us proud. When we first started putting this organisation together, Sandra was one of the first to come on board and throw herself wholeheartedly into doing what she did best — helping people affected by adoption.

Sandra's funeral was held at Our Lady of Consolation Church, Donnycarney, with the burial taking place afterwards at Balgriffin Cemetery.

An official message from ASNI, who were unable to attend the funeral, was sent to the officiating priest:

"The Irish adoption community would like to express our sadness and grief at hearing the news of the passing of Sandra Cooper. Sandra worked tirelessly, on a completely voluntary basis, often at her own expense to help people who were separated by adoption. Countless families have been made whole because of the selfless work that Sandra did on behalf of people affected by adoption. We are honoured that Sandra was a part of our community and she will be deeply missed.

We would like to express our deepest sympathy to Sandra's family, who will be in our thoughts and prayers during this difficult time."

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Get Active!

In Ireland, in 2007, the state reserves the right to deny all black citizens automatic access to their birth certificates.

In Ireland, in 2007, the state reserves the right to deny all Jewish citizens automatic access to their birth certificates.

In Ireland, in 2007, the state reserves the right to deny all gay citizens automatic access to their birth certificates.

In Ireland, in 2007, the state reserves the right to deny all disabled citizens automatic access to their birth certificates.

You are probably shocked by the above statements, which are clear examples of blatant discrimination. You will therefore be relieved to hear that they are untrue.

However, the following statement is true:

In Ireland, in 2007, the state reserves the right to deny all adopted citizens automatic access to their birth certificates.

Is there any less discrimination in the statement above? Of course there isn’t, so why allow it to continue?

In the 1970’s English adopted people were granted automatic access to their adoption files. In stark contrast in so-called modern Ireland, the situation is as follows:

  • No automatic access to birth certificates
  • No right to access files
  • No statutory right to a tracing and information service despite an extensive Consultation process in 2003
  • No standardised, statutory based policies and procedures for adoption agencies
  • Some adoption agencies are engaging in persistent discrimination of adopted people
  • Some adoption agency waiting lists are up to four and five years long
  • Adopted people and natural parents must return to the same agency that separated them in order to avail of tracing services
  • The Civil Registration system is still not fully computerised, despite the Modernisation Programme having been announced.

At least half a MILLION Irish citizens are affected by this outdated system — you can make a difference by demanding that Brian Lenihan lives up to his promise of legislation!

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News Index

Baby Ann Returned to Parents, 08/06/2007
Concern Over Scope of the FOI Act, 30/05/2007
ASNI Press Release, 08/05/2007
RIP Sandra Cooper, 02/05/2007
Get Active!, 19/04/2007