Illegal adoptions in Ireland

I have been contacted by professional genealogist and APG member Fiona Fitzsimons, of Dublin based firm Eneclann (www.eneclann.ie), who has asked me to share an article she has written on the background to the historic adoption scandal currently playing out in the Republic of Ireland, and offering advice for those who may need it. (Fiona has also published the story on the Association of Professional Genealogists Britain, Ireland & the Isles Facebook page at https://www.facebook.com/APG.BII/):

So...

So, post-Referendum, and with little or no pause, Ireland is straight into another scandal where women’s reproductive rights are/ were stage-centre. This time, it’s all about adoption.

In 1952 legal adoption was introduced into Ireland by an Act of parliament (the Dáil). From this date, records of all legal adoption are held by the Adoption Board.

This last week evidence that illegal adoptions took place in Ireland after 1952 has come into the public domain.

Tusla, the child and family agency issued the following statement.

Media Statement re St Patrick’s Guild adoption records 
29 May 2018: Tusla – Child and Family Agency has identified at least 126 instances of incorrect registrations of birth in the records of St Patrick’s Guild. The registrations in question relate to births between 1946 and 1969 and were discovered as a result of Tusla proactively undertaking significant work to scan St Patrick’s Guild records and identify instances of incorrect registrations. http://www.tusla.ie/

Tusla’s statement concerning 126 cases is only the tip of the ice-berg. As early as 1956 over 500 cases of illegal adoptions were known. The issue of illegal adoptions was openly debated in the Dáil, by Maureen O’Carroll of the Irish Labour party (incidentally, mother of comedian Brendan O’Carroll, aka Mrs. Brown). See https://www.independent.ie/irish-news/removal-of-those-children-definitely-illegal-ocarrolls-mum-told-dil-in-1956-36967348.html

Falsifying records, or making no record in the first instance, has had and continues to have, catastrophic consequences: it places a huge obstacle to the person adopted from tracing a birth mother/ father; it likewise prevents birth parents from tracing their children.

Many readers will have seen the film Philomena with Judi Dench and Steve Coogan. But there are hundreds of other similar stories out there. (see https://www.independent.ie/lifestyle/getting-back-to-his-roots-after-american-adoption-as-a-boy-30218730.html)

So how can we as family historians/ genealogists assist in tracing Irish children in these circumstances?

Here’s some guidelines:

Records were kept for the greater number of children in Ireland (26 counties corresponding to the Irish Republic) raised in care/ fostered from the 1920s.

Where an illegal adoption has taken place after 1952, records are not usually held by the Adoption Board.

What records were made were usually controlled by the Adoption Agencies (like St. Patrick’s Guild), or by the individual homes. The greater part of these records known to have survive, are part of the AIRR collection.

The A.I.R.R. (Access to Institutional and Related Records) Project is a central index to records of children raised in care in Ireland between the 1930s and 1990s.

Even where records have been falsified, there is often some note to this effect made at the time of the event. This is how Tusla uncovered the 126 cases.

These records are held by two Irish State agencies. A person directly affected, or their next of kin, can apply for access to these records.

The A.I.R.R. records are accessible through the Department of Health and Children.

Phone: A.I.R.R. 00 353 1 635 4190 or 1 635 3030

In addition, the Health Service Executive operates a Tracing Service that has greater coverage of the records of infant hospitals, mother-and-baby homes, adoption societies, and a large number of registers of private nursing homes. The earliest records date from the late 1890s.

Phone: H.S.E. Tracing Service: 00 353 1 8976858

If you have been directly affected by this and would like advice, please contact us. We can’t take individual cases, but are willing to act as guides, directing you to sources and contacts.

(With thanks to Fiona Fitzsimons)

Chris

For my genealogy guide books, visit http://britishgenes.blogspot.co.uk/p/my-books.html, whilst details of my research service are at www.ScotlandsGreatestStory.co.uk. Further content is also published daily on The GENES Blog Facebook page at www.facebook.com/BritishGENES.

Review - Researching Adoption, by Karen Bali

Karen Bali's latest genealogy guide book, published by Family History Partnership (www.thefamilyhistorypartnership.com), is entitled Researching Adoption: An essential guide to tracing birth relatives and ancestors. At 48 pages, and just £4.95 (plus p&p), the book is a useful and well illustrated ready reckoner for those of you seeking to research adoption as carried out in England and Wales.

The books has five key chapters - an Introduction, exploring what adoption actually entails, and whether your family has been historically affected by 'adoption in' or 'adoption out'; a History of Adoption, both before legalised adoption took place in England and Wales, and after (legalised adoption was in place from January 1927); Adoption in Your Ancestry, looking at case studies of historical adoption; Records and Resources for adoption research, the key part of the book, examining the Adoption Children's Register, poor law union records, charity records, the Child Migration Trust, and more; and If you were adopted, a guide for those seeking to trace their biological heritage back if adopted. A final Contacts, Resources and Further Reading section provides some useful addresses and numbers to help you on your way.

Although predominantly looking at English adoption, much of the book may well provide some useful options for Scottish research also, with the contacts section including details of the NRS Adoption Unit in Edinburgh.

A short, concise, but packed book of information, this is well worth adding to the family history library.

Chris
 
For details on my genealogy guide books, including my recently released Discover Irish Land Records and Down and Out in Scotland: Researching Ancestral Crisis, please visit http://britishgenes.blogspot.co.uk/p/my-books.html. My Pinterest account is at https://www.pinterest.com/chrismpaton/.

Calls for Scottish adoption law to be changed

A 74 year old Hereford gentleman called Christopher Kelly is trying to get the Scottish Government to consider changing the law on adoption in Scotland, which at present sees adoption records sealed for a century. Until 20 years ago Mr Kelly was unaware that he had a twin sister who was adopted when he was a child, but due to the current law on adoption in Scotland he cannot see the original adoption records concerning the event, he can only wait to be contacted by her if she wishes to - assuming she even knows that he exists in the first place.

The Scottish Government's children's minister, Aileen McLeod has commented "While there are no current plans to change the legislation, we have already committed to review what services are available to the birth relatives of adopted people. We are currently working with Birthlink and CELCIS to address which services could be improved and better promoted to ensure those affected receive the best possible support. Mr Kelly’s plight provides a poignant example of why we should consider what can be done to support relatives. The FM has received Mr Kelly’s letter and will reply shortly."

The full story is at www.herefordtimes.com/news/13838494.Leominster_grandfather_calls_for__unfair__Scottish_law_to_be_scrapped_so_he_can_find_twin_sister_he_has_never_met/.

Chris

For details on my genealogy guide books, including my recently released Discover Irish Land Records and Down and Out in Scotland: Researching Ancestral Crisis, please visit http://britishgenes.blogspot.co.uk/p/my-books.html. My Pinterest account is at https://www.pinterest.com/chrismpaton/.

No changes to access of Scottish adoption records

I blogged a couple of days ago that a major change is now being implemented in England and Wales concerning access to adoption records now being granted to the relatives of those who were adopted - see http://britishgenes.blogspot.co.uk/2014/09/relatives-of-adopted-adults-now-able-to.html. The press release was issued by the Department of Education for England and Wales, but I was unclear as to whether the same changes were being implemented in Scotland or Northern Ireland.

As such, I contacted the National Records of Scotland to seek clarification, and they have just replied that this is unfortunately not a change coming to Scotland, at least for the foreseeable future. The NRS has an adoption unit, and its detailed guidance on who can access the adoption records here is available online at http://www.nrscotland.gov.uk/research/guides/adoption-records. The conditions are very stringent as the situation stands just now, and any changes will likely only be forthcoming if the Scottish Parliament looks at the issue in due course. I suspect it will likely be the same situation in Northern Ireland.

(With thanks to the National Records of Scotland)

Chris

Now available for UK research is the new second edition of the best selling Tracing Your Family History on the Internet: A Guide for Family Historians, whilst my new book British and Irish Newspapers is also now out. And please consider purchasing the great new version of Caledonia by The Libations at 79p via www.caledonia2014.com - all profits go to help fund Scottish foodbanks

Relatives of adopted adults now able to trace family tree

From the Department of Education for England and Wales:

Relatives of adopted adults now able to trace family tree

From: Department for Education and Edward Timpson MP
First published: 25 September 2014
Part of: Improving the adoption system and services for looked-after children and Children and young people

Children, grandchildren and other relatives of adopted adults can now trace back through their ancestors’ lives.

Children, grandchildren and other relatives of adopted adults can now trace back through their ancestors’ lives - helping them to unearth their family history, discover more about their medical background and reach out to long-lost relatives under new rules introduced today.

Previously, only the person adopted and their birth relatives were able to used specialised adoption agencies to help shed light on their family history and make contact with their biological family members.

The new rules will extend this right to all relatives of adopted adults, from children and grandchildren to partners and adoptive relatives, allowing greater openness in adoption while ensuring adopted people have the right to a private, family life.

For example, those who have lost a parent to cancer or a heart problem will be able to discover whether their grandparents or other birth relatives suffered from the same condition, given them the chance to seek advice and support.

Children and Families Minister Edward Timpson, who has 2 adopted brothers, said:

It’s right that descendants and other relatives of adopted adults are able to access important information, such as medical records or genetic health conditions, which could impact upon how they live their life today.

They should also be able to find out about important events from their past, as well as make contact with family members if they wish.

This positive change will help thousands of people discover their place in history, while keeping important safeguards in place to protect the right to a private family life for those who were adopted.

Julia Feast OBE, from the British Association for Fostering and Adoption (BAAF) said:

The British Association for Adoption and Fostering is delighted that the government’s consultation about extending intermediary services to descendants of adopted people has now been published.

We are very pleased that the government has extended the rights of descendants and other relatives to access an intermediary service whilst ensuring that the adopted person’s rights are not overlooked and will be at the centre of the decision making.

Today’s announcement (25 September 2014) is just the latest milestone in the government’s plan to overhaul support for adopted families.

We have announced plans to introduce a £19.3 million fund to help adopted children settle into their new families by accessing crucial support services as and when they need it, and have extended entitlements so that adopted children have access to priority school admissions, the pupil premium, and eligibility for free early education for 2-year-olds.

In addition, we have also published the Adoption Passport which sets out in 1 place all the rights and entitlements of adoptive parents, alongside new online maps which allow potential adopters to find out more information about services in their area. We have also set up First4Adoption, the government funded information service for people interested in adopting a child.

Notes to Editor:

The government has today published new rules to make provision for intermediary services to facilitate contact between ‘persons with a prescribed relationship’ and the birth relatives of a person adopted before 30 December 2005.

The regulations will define ‘persons with a prescribed relationship’ as anyone related to an adopted person by blood (including half-blood), marriage or civil partnership or by virtue of the adoption. This will include all relatives of the adopted person, including but not limited to the children and grandchildren of adopted persons.

The regulations will ensure that that the consent of the adopted person is obtained before contact or information sharing is facilitated between persons with a prescribed relationship and birth relatives, other than:

• where a person with a prescribed relationship seeks non-identifying medical information from birth relatives of the adopted person and this can be shared by the intermediary agency without sharing identifying information
• where a person with a prescribed relationship wishes to make contact with a birth relative and the adopted person cannot be found, despite all reasonable steps having been taken
• where the adopted person has died or lacks capacity

The ‘Intermediary services for relatives of adopted people’ consultation is now available.

The new rules will come into force by November 2014.

NB: I am unclear if this is a UK wide initiative or one that just applies to England and Wales - will see if I can clarify! (See http://britishgenes.blogspot.co.uk/2014/09/no-changes-to-access-of-scottish.html for update)

Chris

Now available for UK research is the new second edition of the best selling Tracing Your Family History on the Internet: A Guide for Family Historians, whilst my new book British and Irish Newspapers is also now out. And please consider purchasing the great new version of Caledonia by The Libations at 79p via www.caledonia2014.com - all profits go to help fund Scottish foodbanks

Appeal to redress Adoption & Children Act (2002) anomaly

The British Association for Adoption & Fostering (BAAF) and the Descendants of Deceased Adopted Persons (DAP) Group are urging the government to recognise the unfairness and discrimination created by an anomaly in the Adoption & Children Act (2002).

BAAF and DAP have been campaigning for a change in the law to enable descendants of deceased adopted people to have the same rights as other relatives to access an intermediary service in order to obtain the original birth information they need.

As the law stands a relative of an adopted person is defined as any person who (but for the adoption) would be related to him by blood or marriage, thereby excluding descendants.

Baroness Sally Hamwee has tabled an amendment to the Children and Families Bill that will revise the Adoption & Children Act and attend to the information needs and rights of the direct descendants of deceased adopted persons during the debates on the Children and Families Bill (Committee stage, House of Lords 9 October 2013).

Baroness Hamwee says: “We all have a need to know about our own backgrounds. ‘Who do you think you are?’ is a very apt title. My amendment – which has been recommended by a Lords Select Committee – would extend the rights of a relatively small group of people currently excluded from seeking assistance in finding information about a direct ascendant. It would take only a small change to law (which by all accounts some people thought had actually been made in 2002) to enable them to find out about something fundamental to their understanding of their own identities.”

BAAF believes that it is crucial for all direct descendants of deceased adopted people to be given the opportunity to find out the truth of the family background and history for their own well-being and life choices.

Julia Feast OBE, Policy Research & Development Consultant from BAAF says: “Amending the law to give direct descendants of deceased adopted the same rights as other birth relatives to intermediary services, is something that BAAF fully supports. Local authorities and adoption agencies have been providing safe, efficient and cost effective intermediary services for many years, and extending this opportunity to descendants is unlikely to have a huge impact. Many organisation support a change in law.”

The number of direct descendants who request intermediary services is likely to be small, but the impact of accessing information will be profound as Frances Lake, Co-ordinator of the DAP Group describes:

“Descendants have their own personal reasons for wanting to know their biological background, that includes understanding who we are, or wanting to know more about a family genetic medical condition. These reasons are not just driven by curiosity, but often from a psychological or physical need. My father was adopted and I have not been able to find out any information about my heritage.

“Not knowing my blood line has had a deeply profound impact on my life, as it has for other descendants in similar circumstances. The law must be changed to give us an opportunity for peace of mind.”

Additional:

BAAF is the UK’s leading charity for children separated from their birth families. We provide services to meet the needs of some of the UK’s most vulnerable children and young people. BAAF was awarded an overall grade of ‘Outstanding’ in our Ofsted inspection in 2011 (England). In 2011/12 we helped find families for over 700 children through our family finding services, we dealt with many thousands of enquiries from professionals and the public through our UK-wide general enquiries service and we sold over 45,000 books on adoption and fostering. For more information visit www.baaf.org.uk

Keep up to date on all the latest fostering and adoption news by following us on Facebook: www.facebook.com/BAAFAdoption and Twitter: www.twitter.com/BAAFAdoption

See the questions and answers about DAP on www.adoptionsearchreunion.org.uk/search/dap/

(With thanks to Frances Lake)

Chris

My latest book, Discover Scottish Civil Registration Records, is now available from http://www.gould.com.au (print) and http://www.gen-ebooks.com/unlock-the-past.html (ebook), whilst Tracing Your Irish Family History on the Internet is available at http://www.pen-and-sword.co.uk/Tracing-Your-Irish-History-on-the-Internet/p/3889/. My next Pharos Scottish course, Scotland 1750-1850: Beyond the OPRs, starts Nov 13th - see http://pharostutors.com.

Adopted Illegally Ireland campaign

The latest Genealogical Society of Ireland newsletter at www.familyhistory.ie/docs/gazette/2012/Gazette_October_2012.pdf has details about a campaign currently on the go in the Republic of Ireland concerning those irregularly or illegally adopted in the aftermath of the 1952 Adoption act in the country, who have been unable to get access to relevant papers. In particular there is mention of a birth register that appears to exist showing over 1000 children born between 1938 and 1968 who were adopted outside of the system at St. Jude's in Dublin, with campaigners hoping to have their rights catered for in a forthcoming adoption bill going before the Dáil.

A website on the campaign is available at www.adoptedillegally-ireland.com - the story is in the GSI newsletter on page 2.

(With thanks to @GenSocIreland)

Chris

Scottish Research Online - 5 weeks online Pharos course, £45.99, taught by Chris Paton from 26 SEP 2012 - see www.pharostutors.com
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